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HomeMy WebLinkAbout1990 CC Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Tom Tincher, representing five partnerships holding property in the floodplain, expressed concern with the Agency's compliance with regard to Owner Participation Rights as they relate to the Arvida Agreement. He suggested that prior to signing the proposed agreement, the Agency work with the principle property owners in the area to honor individual owners' rights. 2. Buron Murray, 18975 Palomar Street, expressed concern with the amount of information being provided to Council. He further expressed concern that the specific amount of property to be � agreed upon must be specified in the final agreement and it is not. He suggested that until firm figures are presented, the Agency put a hold on the Arvida Agreement. 3 . Leon Strigotte, 216 Chaney Street, commented on item #7 on this agenda as it relates to Chaney Street speed limits, and the traffic engineer's recommendations for Chaney Street. He further commented on drainage problems on Chaney Street which have not been mitigated. He referred to accidents which have occurred on Chaney Street recently and suggested the use of Special Traffic Enforcement in this area as well as placement of a Stop Sign. PRESENTATIONS/CEREMONIALS Mayor Winkler invited Tom Thomas to update the Council and Community on the work being done by the Public Safety Committee. Tom Thomas, Chairman, Public Safety Committee detailed recent work by the Committee and advised of an upcoming Public Input program relating the Neighborhood Watch Programs, which would allow the public to call in to a live discussion of the effectiveness of this type of program. He advised that it would be done live on January 24, at 7: 30 p.m. on King Videocable Channel 3 . PAGE TWO - CITY COUNCIL MINUTES - JANUARY 9 , 1990 Captain Bill Reynolds, Riverside County Sheriff's Department, Lake Elsinore Station, further detailed the work of the Committee and emphasized the effectiveness of Neighborhood Watch Programs. He also reemphasized the recent increases in public services the City has contracted for. Tom Thomas further advised that a total of six public input programs would be aired on King Videocable 3 and advised that the phone number to call in would be 674-6917 . ,1C T!\TTTT / 9 T TLTTTT •i VLLLLL\✓�Ll\ The following items were pulled from the Consent Calendar for further consideration and discussion: Item Nos. 3,4 and 7. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. December 26, 1989 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. December 20, 1989 - Planning Commission Meeting. 2 . Received and ordered filed the Building Activity Report for December, 1989. 5. Ratified the Warrant List for December 29, 1989. 6. Approved Proclamation regarding Year of the Oak, 1990. 8. Approved Final Tract Map 17413-8 . Authorized City Clerk to sign Map and accepted dedication of Underground Water Rights ... for recordation with the Final Map. ITEMS PULLED FROM CONSENT CALENDAR 3 . Code Enforcement Activity Report - December, 1989 . Councilman Washburn emphasized the volume of Code Enforcement Activity for the last year, and stressed the importance of this program. He also thanked the City Staff that handles Code Enforcement for their work. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECEIVED AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR DECEMBER, 1989. 4 . Structure Abatement Activity Report - December, 1989 . Councilman Washburn detailed he Structure Abatement Activity for the last year as well. He thanked the Staff involved as well as the Property Owners who assisted the City in cleaning up unsafe structures. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECEIVED AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR DECEMBER, 1989. mom 7. Engineering and Traffic Survey for Speed Limits and Related Resolution No. 89-71. Continued from December 26, 1989. Councilman Dominguez requested that this item be referred back to staff for review and suggested postponement to the next PAGE THREE - CITY COUNCIL MINUTES - JANUARY 9, 1990 City Council Meeting at which time he would like to proceed with the Stop Sign at Sumner and Chaney Streets. Mayor Winkler suggested that this item be referred to the Public Works Committee in conjunction with the City Attorney. Councilman Washburn suggested that a second area of concern with regard to speed is between Townsend and Graham on Lakeshore Drive. TIrr1T 7L�T DV T/1T/►T LTP'TTL/7 [TT/T/1LT TT r% T%T? T.TTP TT"TTTT.TAa Jo mill J_a1T T\ �wT\T1T TT1 VOTE TO REFER THIS�ITEM vTO✓STAFF FOR LRETURN✓TOCOUNCILfIN1V TWO iiv'uo WEEKS. PUBLIC HEARINGS 31. Vesting Tentative Tract Map 25281 - Century American R.C. Hobbs Co. ) . A request for approval of a Vesting Tentative Tract Map for 144 condominium units on 8. 38 acres, located at the southeast corner of Casino Drive and Franklin Street. Community Development Director Gunderman detailed this request and explained that it was previously approved as an apartment complex and the current proposal is for apartments suitable for conversion to condominiums at a later date. He further explained that the project has been upgraded to include enclosed detached garages and individual laundry facilities. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:29 p.m. asking those in favor of Tentative Tract Map 25281 to speak. The following person spoke: Robert Long, representing the applicant, further detailed the proposed upgrades to the original plan for future conversion to condominiums. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7: 31 p.m. Councilman Dominguez expressed concern with proposed condition #17 and the City's ability to condition with items that relate to Cal-Trans. He also suggested that staff work with Cal-Trans in advance so there will be no delays at the last minute. Councilman Buck questioned the time frame for construction of this project. The applicant advised that there is currently no water available to this site and they are currently dependent on water lines to be installed by Friedman Homes across the freeway. Councilman Buck further questioned the planning which has been done for future alignment of this street and how it would be effected, and whether they have been conditioned to participate in future street alignment. Staff confirmed that the applicant had been conditioned to participate at a later date. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION NO. 88-41, ADOPT FINDINGS LISTED BELOW: PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 9 , 1990 Findings 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impact. 2 . This project, as approved, complies with the Goals and Objectives of the General Plan and the High Density Residential Zoning District. J . 1111= �l1 VJGV6., Q.7 VVLl�.lt�.l VllG bt, � V,LtL&LL W1.%L- �.11C design directives contained in Section 17 . 82 . 060 and Mali all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Section 17 .82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17. 82 . 060 and the Planning District in which it is located. 5. The subdivision, as conditioned, will not have significant impact on the environment. 6. The subdivision is consistent with the Goals and Objectives of the City' s General Plan and is also consistent with the purpose and standards of the R-3 Multi-Family Residential District. 7. The project, as conditioned, complies with the objectives and Standards of the City' s Subdivision Ordinance. 8. The site is physically suitable for the type of development proposed. ..r 9. As conditioned, there will be no conflicts with identified public easements. APPROVE VESTING TENTATIVE TRACT MAP 25281 SUBJECT TO CONDITIONS: Planning Division Conditions 1. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project shall receive written notification of intention to convert at least 60 days prior to the filing of a tentative map. In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 2 . Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. vim 3 . Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days notice of intention to convert prior to termination of PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 tenancy due to the conversion or proposed conversion. The provision of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941. 1 and 1941. 2 of the Civil Code. 4 . Each of the tenants of the proposed condominium, community apartment project, or stock cooperative vi will 1J C'., y 1 V C11 11V 1.1liC V l Call exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018 .2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not the exercise the right. 5. The Vesting Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 6. This conditionally approved Tentative Tract Map Number 25281 will expire two (2) years after the City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 7. The applicant shall provide connection to public -- sewer for each lot within the subdivision. No service lateral shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District. 8. A precise survey with closures for boundaries and lots shall be provided, per City ordinance. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 11. All signage for this project shall require appropriate City permits. 12 . All trailers utilized during construction, mail boxes, and signage shall be subject to City Planning review and approval prior to installation. 13 . Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. In addition, all applicable Park and Capital Improvement fees shall be paid at this time. 14. Prior to final map approval, this subdivision shall be included within the City's Lighting and PAGE SIX - CITY COUNCIL MINUTES - JANUARY 9 , 1990 Landscaping Assessment District (Parkway Maintenance District) . 15. Applicant shall pay AB 2926 School District fees in effect at the time building permits are issued. 16. Final Map shall reflect plotting as approved on plans date stamped November 6, 1989 . 17. As a part of the landscaping plan for the project ' �../iiYViVL.rvL V1aA11, li.Ii iVL erV iJ►i bl{.411V\i VL \./V VGA Y permit, submit for approval by the Community Development Director or his designee, a final landscape plan for the freeway right-of-way adjacent to the project boundary. Engineering Department Conditions 18 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 19. Construct all off-site improvements per approved street plans (Municipal Code, Title 12) , plans which must be approved and signed by the City Engineer prior to final map approval. 20. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (L.E.M.C. 12 . 04 and 16. 34) . 21. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 22 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . 23. Submit a letter of verification to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 24. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 25. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . 26. All natural drainage traversing site shall be conveyed through site or provided for by a method approved by the City Engineer 27. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 28. Provide street lighting and indicate on street PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 improvement plans, as required by the City Engineer. 29 . Hydrology and hydraulics study shall be submitted to the Engineering Department for review and approval. Study shall provide calculations to show Casino Drive has capacity to carry ten (10) year frequency storm run-off between curbs. 30. Culvert under Casino Drive shall be abandoned in place. If used for site drainage, downstream exit r iy� �.";:it... .vi• LiJVll\..Lys from culvert shall be accepted by downstream property owner or directed into drainage easement. 31. Encroachment permits from Cal-Trans for grading and slope easements on their right-of-way shall be obtained prior to grading permit. 32 . Slope easements and grading easements shall be obtained from adjacent private property owners where necessary prior to final map approval. 33 . A slope easement and maintenance agreement shall be obtained from Cal-Trans for slopes on northeast property line before final map approval. 34. Provide right-of-way dedication on Casino Drive necessary to accommodate an 80 foot right-of-way (40 foot from centerline and 40 feet from centerline on Franklin. 35. Applicant shall contribute pro-rata share for public work improvements recommended by traffic study commissioned by applicant and local developers prior to building permits. 36. Contribute $840. 00 towards the City's Master Entryway Sign Program. 37. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 38. Provide fire protection facilities as required in writing by Riverside County Fire. 32 . Tentative Parcel Map 25347 - Centex Homes. A request to subdivide 833 . 3 acres into 4 lots for financing and conveyance purposes, located on the south side of Mountain Avenue and west of Michigan Street. Community Development Director Gunderman detailed this request and explained that it is only for financing and conveyance purposes. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7: 35 p.m. asking those in favor of Tentative Parcel Map 25347 to speak. The following person spoke: Larry Truman, Butterfield Engineering, representing the applicant, offered to answer questions. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 : 36 p.m. PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 9, 1990 MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RE-AFFIRM E.I.R. 88-2 AND APPROVE TENTATIVE PARCEL MAP 25347 , BASED ON THE FOLLOWING FINDINGS: Findings 1. The proposed project will not have significant impact on the environment. 2 . The purpose of the tentative parcel map is for ----"-----... ........ ....... :j :...... _....... :., uaa..a aav .....vc.a.vPTuciat is directly attributable to this project. 3 . The proposed project complies with all local zoning and subdivision standards. 33 . Abandonment of a Portion of High Street, Between Mill Street and Country Club Boulevard. Engineering Manager O'Donnell advised that notification requirements of publication and posting have been met. He further advised that after consideration of the street configuration and undeveloped lots, staff is now recommending that this abandonment be denied. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:40 p.m. asking those in favor of the abandonment to speak. The following people spoke: Tony Schiavone, 780 Lake Street, advised that he is one of the only property owners directly effected by this abandonment and requested that Council proceed with this abandonment. Alan Manee, advised that he is working on behalf of Mr. Schiavone and further detailed the limited impacts on other area property owners. He expressed concern with the Engineering Department's consideration of this matter. Lou Waddell, Mill Street, advised that he is in favor of this abandonment and the project Mr. Schiavone is proposing. Mr. Kitslaw, 680 Acacia, expressed concern with the future potential of development of High Street, due to the safety issues with children using the street for skateboarding and bicycle riding. Jeff Long, 699 Acacia, further expressed concern with the safety of High Street improvements with the steep grade of this dirt road. Rich Rollinson, 700 Mill Street, also expressed concern with the thought of High Street being improved and supported the abandonment. David Engle, resident of Avenue 1, commented on the steep slope of the streets in this area and expressed concern that High Street is a dangerous street. Kelly Beal, 726 High Street advised that she is in favor of the proposed abandonment and Mr. Schiavone' s property. Bob Lynn, 783 Acacia, concurred with concerns of the other residents and supported the proposed abandonment. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7: 55 p.m. PAGE NINE - CITY COUNCIL MINUTES - JANUARY 9, 1990 Councilman Washburn requested clarification of the notification process. Mr. O'Donnell advised that posting of the area and publication in the Sun-Tribune are the only requirements. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO OPPOSE STAFF RECOMMENDATION AND APPROVE THE PROPOSED ABANDONMENT OF HIGH STREET. --- 34. Tentative Parcel Map 24571 and Zone Change 89-7 - Rancon A request to subdivide 22 . 67 acres into 11 parcels and to change the zone from the C-P (Commercial Park) District and M-2 (General Manufacturing) District to the C-2 (General Commercial District) , located at the northwest corner of Central and Collier Avenues. Continued from December 26, 1989 . Community Development Director Gunderman reviewed the proposed project and prior Council consideration. He advised that the Freeway Landscape issue, previously discussed, needs to be addressed on a Citywide basis and staff is currently working on a master plan. It is anticipated that after determinations are made, this project would be required to participate, and Mr. Gunderman suggested a condition as follows: "When City has adopted a program, Rancon would be required to participate in that program's implementation. " Mr. Gunderman further advised that the Bike Lane issue has been reviewed and a Class III (On-Street) Bike Lane could be provided on Collier Avenue; but none at all on Central, due to the Freeway ramps. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8 : 08 p.m. asking those in favor of Tentative Parcel Map 24571 and Zone Change 89-7. The following person spoke: Fred Crowe, Butterfield Engineering, representing the applicant, advised that they are in agreement with all Conditions of Approval and looking forward to developing a quality project. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8: 10 p.m. Councilman Washburn commented that he feels this is a good map, but he is still concerned with the landscaping issue. He concurred with the condition relating to Bike Lanes, and suggested that Condition #18 be changed from 85% to 75%. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE FINDINGS LISTED BELOW: Findings - Tentative Parcel Mazy 24571 1. No environmental impacts are anticipated as a result of this project. 2 . The subdivision meets the development standards set forth by Section 17.48 of the Municipal Code (C-2 Zoning District) . 3 . The proposed land use is consistent with the General Plan. PAGE TEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 Findings - Zone Chancre 89-7 1. Negative Declaration No. 89-22 has been prepared for Zone Change 89-7 and Tentative Parcel Map 24571 based on the findings that all project impacts can be mitigated and no environmental impacts are anticipated. 2 . This Zone Change is consistent with the General Plan. pi anninrt ,T.ar.r Ant Cede Section 65860, requires that zoning be consistent mom with the General Plan. APPROVE TENTATIVE PARCEL MAP 24571, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH THE FOLLOWING CHANGES THAT CONDITION #42 SHALL READ "THE PROPERTY OWNER AND SUBSEQUENT PROPERTY OWNER OR ASSIGNS SHALL DESIGN AND PROVIDE FOR THE LANDSCAPING ALONG THE OFF-RAMP FROM FREEWAY OFF-RAMP TO PROJECT SITE AND PARTICIPATE WITH FUNDING MECHANISMS SUBSEQUENTLY ADOPTED BY COUNCIL AND CAL-TRANS" THE ADDITION OF CONDITION #43 RELATING TO BIKE LANES AND CHANGE CONDITION #18 FROM 85% TO 75%. Planning Division Conditions 1. Tentative Parcel Map 24571 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning ... Department. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 3 . The City's Noise Ordinance must be met during all site preparation activity. 4. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17. 82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 5. At the time of map recordation the applicant shall cause to be recorded an agreement to provide for future reciprocal parking, access, circulation, loading and landscaping maintenance, and a reciprocal - ingress/egress agreement for maintenance of signage in favor of all lots, subject to the approval of the Community Development Director or his designee. The agreement shall also include information on any environmental hazards or similar development constraints including the information that the site may be subject to liquefaction hazards; the report, its findings and recommendation shall be made available to all future owners/lessees. PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 7. Prior to the first Certificate of Occupancy for Lots 1 and 11 a minimum six-foot (61 ) high decorative block or masonry wall with maximum four-foot (41 ) wide wrought iron sections to allow for drainage as necessary shall be provided along the western property line from Collier Avenue to the Interstate 15 boundary, subject to the approval of the Community - T1cwa1 nnmcn� T1i rcrtnr nr lh; � r7ec ;.-.,eve 8 . The side yard setback for the first 50 feet northerly from Collier Avenue along the westerly boundary shall be 15 feet; this shall be a fully landscaped setback with ground cover, shrubs and trees in accordance with the City's Landscape Guidelines and be permanently irrigated subject to the approval of Community Development Director. The landscaped setback shall be fully improved prior to Certificate of Occupancy for any structure for Lot 1. No structures may encroach into this setback. The remaining side yard setback shall be 5 feet along this property line to the Interstate 15 boundary and along the Interstate 15 boundary (northerly property line) to lettered Lot A. Specimen trees shall be spaced at least 100 feet on center within the setback areas. Planter widths shall be increased where necessary to accommodate the specimen trees. 9. Exhibits 1, 2, and 3 , by RMG Design Group, illustrating conceptual development plans shall become a part of Tentative Parcel Map 24571 case file and commercial development of the site shall illustrate consistency with the integrated design/signage concept. 10. One (1) lettered lot shall be indicated on the final ma for or the City's s Entry Way landscape theme. The City at its sole option may in the future accept the lot for dedication. The lettered lot shall be triangular in shape and be located at the northeastern most section of the map (intersection of I-15 and Central) . The lot shall have the following dimensions described generally as follows: starting at a point at the most northeasterly corner of the map then southwesterly 90 feet along Central Avenue, then 28 feet northwesterly from said point, then with a radius of approximately 180 feet long to a point intersecting the northerly property line 135 feet from the point of origin, as generally shown on the submitted Tentative Parcel Map date stamped October 27, 1989, for a total square footage of 4, 200 square feet. Lettered Lot "A" shall be landscaped in accordance with the City' s adopted Landscape Guidelines and shall include ground cover, shrubs and trees, permanent irrigation and be subject to the approval of the Community Development Director or his designee, the City' s Landscape Consultant and the City' s Redevelopment Consultant. Said improvements shall be provided prior to issuance of Certificate of Occupancy for Lot 7. The lettered Lot "A" landscaped improvements shall be maintained by the developer. PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 11. A triangular shaped, landscaped open space area shall be provided at the corner of Central and Collier Avenues and shall have a minimum dimension of 30 feet from the corner triangular cut off with a total square footage of 2, 010. It shall have the following dimensions generally described as follows: starting at the most southeasterly point of the map the 40 feet northeasterly then southwesterly approximately 95 feet to a point intersecting the southerly most property line on Collier Avenue then approximately 40 . . ft.�pi-. .c7o�prl•s �%�A then+ northcac.t—r s 36-nF F.. L. Lv _ .. point of original. No commercial or accessory structures other than signage may encroach into this area. This area shall be fully landscaped with ground cover, shrubs, trees in accordance with the City's adopted Landscape Guidelines, subject to the approval of the Community Development Director or his designee. This area shall be fully improved prior to a Certificate of Occupancy for any structure in Lot 5. 12 . All landscape improvements pursuant to Design Review approval for all lots shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/ acceptance, and bond 100% for material and labor for one (1) year. b) Any pads that are not developed within 90 days after grading shall be provided with temporary planting and irrigation. Engineering Department Conditions 13 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map .� approval. 14. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030. 15. Applicant shall provide sufficient additional right-of-way for a 61 foot half width right-of-way on Central Avenue to incorporate a deceleration lane for driveways. Geometrics of street sections subject to Cal-Trans and City Engineer' s approval for an ultimate 94 foot roadway with a minimum of 7 foot sidewalk. 16. Developer shall provide sufficient right-of-way at the intersection of Central and Collier to insure proper land alignment through the intersection and geometrics as required by Cal-Tans and City Engineer. 17. Applicant shall provide sufficient dedication along Collier for a fifty foot (501 ) half-width right-of-way to provide for a forty-three (431 ) half-width roadway with a seven foot (71 ) sidewalk adjacent to curb. 18. The applicant shall provide the following signal requirements related to this parcel map and future r development upon project site. a) Applicant shall install a signal at the intersection of Collier and Central upon the PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 issuance of the first Certificate of Occupancy for any building within the shopping center. Applicant to pay full cost of said signal subject to a benefit reimbursement district agreement between applicant and City. Applicant shall, as a process of finalizing signal improvement plans cause to be designed the necessary signals and systems to operate same signals subject to the City Engineer and Cal-Trans approval. In lieu of fees, applicant may cause required signals to be f „:4- 4--A 44-U reimbursable• by the City-2from the benefitvvvy reimbursement district agreement between applicant and City. b) Applicant shall submit a revised traffic study that addresses the need to install a traffic signal at either the future "B" Street location or main project entry on Collier at such time as 75% of the total square footage of occupancy of the project occurs; if warranted by the revised study applicant shall install the required traffic signal at the identified location as a portion of the area system and shall be reimbursed for expenses above developer's share apportionments set forth in benefit reimbursement district agreement. c) Developer shall, absent previous installation by Cal-Trans or by City, install a signal at the I-15 Southbound off-ramp at such time as 75% of the total square footage of occupancy of the project occurs, as a portion of the area system and shall be reimbursed for expenses above applicants fair share apportionment set forth in benefit reimbursement district agreement. d) Design of signals shall incorporate appropriate_ interconnects. e) Developer shall pay the lesser of the following as a contribution toward a signal at the northbound on-ramp to I-15. 1) Twenty percent (20%) of the combined construction and design cost, or; 2) A fair share apportionment of the value of such signal as a portion of the total signal program i.e. , benefit reimbursement district agreement referenced by this condition in total. 19 . Applicant shall construct a raised median along frontage of Collier and Central as permitted by Cal-Trans and the City. The developer will be reimbursed for one-half the cost of the median by property owners on the opposite side of the street when they develop. If the grades of the existing street make installation of the median infeasible, then the developer shall pay for one-half the cost of design and construction of the median subject to the approval of the City Engineer. 20. Minimum seven-foot (71 ) sidewalks will be required along the frontage of Collier and Central. The developer may provide a parallel pedestrian sidewalk on-site in an easement in lieu of sidewalk adjacent to the curb, subject to the approval of the City PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 Engineer. 21. The street improvements shall be constructed prior to the first Certificate of Occupancy. 22 . For driveways on Collier and Central which do not have a left-turn movement, there shall be only one egress lane with a maximum width of 15 feet. Ingress lanes for all driveways shall be of sufficient width to provide for truck turning movements. 23 . All improvements constructed on Collier and Central �. will require an encroachment permit from Cal-Trans and subject to design review requirements as stated in letters dated May 15, 1989 and October 31, 1989. 24 . Street improvements plans and specifications shall be prepared by a civil engineer. Improvements shall be designed and constructed to Riverside County Road Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 25. Provide fire protection facilities as required in writing by Riverside County Fire protection. 26. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 27 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 28. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. ••• 29 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 30. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 31. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34, Resolution No. 85-26) . 32 . Submit a "Will-serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. _ 33 . Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34) . 34. Applicant shall obtain all necessary easements for PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 Off-site grading from the adjacent property owners prior to grading permit. 35. Contribute $2 , 267. 00 towards the City' s Master Entryway Sign Program. 36. Applicant to enter into an agreement with the City for construction of public work improvements and post appropriate bonds. 'l ^+�+�yr uaa..a ++Yuiuus.i�. i�c1JVLl..7 1V1 LCVICW d11U approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site or redirecting drainage. 38 . Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 39. All parcels to have direct access to public right-of-way or be provided with an easement by separate instrument to be approved by the City Attorney. 40. All drainage facilities constructed shall meet the approval of Cal-Trans and the City. 41. Collier south of Central will need to be improved for proposed improvements at intersection as required by Cal-Trans and the City. Improvements only to include AC paving for thru lane transition. 42. The property owner, or any subsequent property owner or assigns, shall design and provide for the landscaping along off-ramp from freeway off-ramp to project site and participate in any freeway landscaping funding mechanisms subsequently approved and adopted by the City and/or Cal-Trans. 43 . The applicant shall design, and cause to be constructed, a Class III bike trail within the proposed street section on Collier. Said bike trail is subject to Cal Trans and City approval. APPROVE ZONE CHANGE 89-7 AND ADOPT ORDINANCE NO. 877 : ORDINANCE NO. 877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 22 . 67 ACRES LOCATED AT THE NORTHWEST CORNER OF CENTRAL AND COLLIER AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-7 - RANCON REALTY FUND IV) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE SIXTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 35. Ordinance No. 881. Adoption of an interim ordinance of the City of Lake Elsinore expanding the moratorium areas on certain properties around the Lake Perimeter and East Floodplain Planning Area. Mayor Pro Tem Dominguez assumed the Chair. Community Development Director Gunderman explained the proposed expansion of the moratorium area. The City Clerk reported no written comments or protests. Mayor Pro Tem Dominguez opened the public hearing at 8 :20 p.m. asking those in favor of Ordinance No. 881 to speak. No one spoke. Mayor Pro Tem Dominguez asked those in opposition to speak. The following people spoke: Ervin Palmer, Elsinore West Marina, requested exemption from the moratorium, in that he is ready to pull permits on part of his improvements. Staff clarified that the approved portions of his plan are exempt from the moratorium anyway. Tom Tincher, representing Whitestone Properties, commented that they are in support of the moratorium to allow time for major issues to be resolved. He requested that strides be made to clear up concerns in the proposed time frame so work can continue. Mayor Pro Tem Dominguez closed the public hearing at 8: 26 p.m. Councilman Buck commented on the approved C.U.P. and his feeling that the applicant should be allowed to proceed. Staff clarified that the approved C.U.P is no problem, but there is a new one that has also been submitted recently. MOVED BY BUCK, SECONDED BY WASHBURN TO ADOPT THE FINDINGS LISTED BELOW: Findings 1. The City, in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the east floodplain and City Lake Perimeter. 2 . Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3 . Current and pending development proposals constitute an immediate threat for adverse impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. AND ADOPT ORDINANCE NO. 881: ORDINANCE NO. 881 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD, 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LTA n�Ty1T A1TT\ TTTT1 TATT __ _ ____ ' a+aa ✓ + ..+ au.0 iaau •^au, �.vavllaVu lay\,7 i7VV1alYV L'J1LtCLY O GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i ABSTAIN: COUNCILMEMBERS: WINKLER Mayor Winkler re-assumed the chair. 36. Tuscany Hills Specific Plan - Tentative Tract Map 24383 and 25074 thru 25080. Community Development Director Gunderman detailed the proposed Specific Plan and previous Council considerations. He also detailed improvements in lot size, increased park space and other improvements. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8 : 38 p.m. asking those in favor of the Tuscany Hills Project to speak. The following person spoke: Chris Taylor, representing Homestead Development, thanked staff and Council for assistance in working on this project and advised that they are in agreement with the conditions. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8 : 40 p.m. Councilman Washburn inquired whether the City Attorney had reviewed the most recent draft of the development agreement. City Attorney Harper confirmed that he had. Councilman Washburn questioned the proposed future fire station location. Chris Taylor showed the closest property to Railroad Canyon Road, owned by Homestead as a potential site; however indicated that would need to be worked out at a later date between the City Staff and Homestead. Chris Taylor showed illustrations for the recreation building for which permits have already been taken out. Councilman Washburn requested that the word "may" in Condition #2 be changed to "shall" . MOVED BY WASHBURN, SECONDED BY BUCK TO APPROVE THE TUSCANY HILLS SPECIFIC PLAN, APPROVE THE AMENDED AND RESTATED DEVELOPMENT PAGE EIGHTEEN — CITY COUNCIL MINUTES — JANUARY 9 , 1990 AGREEMENT OF 1980; APPROVE THE ADDENDUM TO THE CANYON LAKE HILLS FINAL ENVIRONMENTAL IMPACT REPORT, AND APPROVE THE STEPHENS KANGAROO RAT CONSERVATION AGREEMENT BASED ON THE FOLLOWING FINDINGS: Findings 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are r7ec.r+r iY<e�r7 i— �1��+ /"�or«s�r� y�k� v�� .. ��..�� _ . . . I- .-- ..a A— �.. .... ..... .1 v. .. Environmental Impact Report and subsequent addenda to wasp that FEIR. 2 . This request will result in significant environmental impacts associated with loss of habitat, traffic circulations, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. Impacts of the Tuscany Hills Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. 3 . The Tuscany Hills Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17 .99 of the City of Lake Elsinore Municipal Code. 4 . The Tuscany Hills Specific Plan and Amended Development Agreement will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area of the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Planning Division Conditions 1. The text of the November, 1989 version of the Tuscany Hills Specific Plan shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of the Specific Plan and prior to its effective date. A legible set of Specific Plan exhibits shall be made a part of the final documents. 2 . The addendum to the Canyon Lake Hills Environmental Impact Report shall be revised to "draft final" format in consultation with staff prior to City Council hearings with seven (7) copies delivered to the City to include revisions to the text to address comments or correct typographical errors. 3 . Developer will comply with all EIR mitigation measures as identified in mitigation monitoring program. PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 4 . Developer will incorporate those design guidelines described in the Specific Plan as individual tentative maps are approved. 5. All bike ways addressed within the Tuscany Hills Specific Plan shall be shown on tentative maps. 6. Developer shall comply with all conditions of the Conservation Agreement entered into with the United States Fish and Wildlife Service. 7 . During all grading operations, adherence to the South Coast Air Quality Management District's Rule 403, dealing with fugitive dust and watering, shall be required. 8 . Lot sizes shall not deviate from those lot sizes shown in Exhibits 1 and 2 , except that smaller lots may be developed as larger lots. 9 . Minimum lot width shall be 50 feet for single-family detached home lots. 10. Double fronting lots on primary or secondary streets shall have a minimum lot depth of 120 feet or a combination of increased parkway width and lot depth in order to create sufficient separation from these more heavily traveled streets. 11. Residential lots of less than 5000 square feet shall be subject to the approval of the Planning Commission. 12 . • Front yard 'setbacks for garages shall be seventeen feet (171 ) with minor variations for grading and aesthetic purposes permitted to a minimum of ten feet (101 ) subject to the approval of the Planning Commission. 13 . Side yard setbacks shall be a minimum of five feet (51 ) of level ground. Corner lots shall have a setback of a minimum of ten feet (101 ) , of which five feet (51 ) shall be level ground. 14. The water feature in the main entry shall be designed and installed in such a manner that maintenance is ensured throughout the life of the project. The City may require a bond for the main water feature. 15. The side and rear elevations of homes shall be well designed and given appropriate architectural treatment, especially when they will be visible from public rights-of-way. 16. Entry monument features shall be placed to be in compliance with the City' s sight-distance standards. 17. Landscape standards for materials and installation shall be established in accordance with the Tuscany —` Hills Specific Plan. 18. Slopes on individual lots that are in excess of three (3) feet in height shall be landscaped and irrigation shall be installed by the developer. 19. The internal spacing of wall pilasters shall be subject to the approval of the Community Development Director. PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 9, 1990 20. All lots with side and/or rear yards adjacent to public rights of way or open space areas shall have decorative walls installed by the developer. 21. Tuscany Hills Specific Plan shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of the Specific Plan and prior to its effective date. A legible set of Specific Plan exhibits shall be made a part of the final documents. Interior lot line fencing will be required and „NW installed by the builder. Said internal fencing may be of other standard fencing materials in accordance with the provisions of the Specific Plan, unless the interior fence is visible from a public right of way. 22 . The Specific Plan shall designate where the various wall designs are to be located; i.e. , decorative masonry, combination wrought iron, and decorative masonry or wood fencing. Engineering Division Conditions 23 . City and County Fire Department standards shall be satisfied prior to construction of any structures. 24. Improvement plans, including sewer and water, shall be approved prior to the final map approval. 25. All site planning shall incorporate measures to promote waste reduction and recycling to the extent feasible. 26. Prior to tentative map approval for the northern portion of Tuscany Hills, the project proponent will submit for review and approval a conceptual drainage plan to the City of Lake Elsinore. Final drainage plans shall be approved prior to recordation of final tract maps or as may be required. 27. On-street parking shall be provided at a minimum of one (1) space per unit/lot. On-street parking can be aggregated within a tract/neighborhood. 28. One side of each single-loaded street shall be posted for "No Parking" . 29 . Provisions for secondary access from Greenwald Avenue shall be accommodated prior to the issuance of use and occupancy permits for Phase One development. 30. Single-loaded cul-de-sacs and loop streets not more than 1, 000 feet in length shall have forty (40) foot right-of-way, twenty-eight (28) feet curb-to-curb, eight (8) foot parkway on the loaded side, and four (4) foot parkway for unloaded side. 31. Single-loaded streets serving as through neighborhood access shall have a forty-six (46) foot right-of-way, thirty-six (36) foot curb to curb, six (6) foot parkway on the loaded side and four (4) foot parkway on the unloaded side. 32 . All single-loaded street intersections with local streets shall have a forty-six (46) foot right-of-way and thirty-six (36) foot curb-to-curb dimension. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JANUARY 9, 1990 33 . All double and single-loaded cul-de-sac streets shall terminate in a modified cul-de-sac with a curb radius at the bulb of thirty-six (36) feet. 34. A complete and detailed infrastructure schedule shall be submitted to the City Engineer and approved by the Planning Commission before any final map is approved. Infrastructure schedule shall include timing of and bonding for traffic signal installation and ultimate completion of the backbone system. The schedule 35. The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 36. The maximum grade for any manufactured slope shall be 2 : 1 or 50% or as may be approved by the City Engineer based upon recommendations by a soils engineer on slope stability. Building/Safety Division Conditions 37. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 38. Issuance of all City construction permits by the project proponent will be subject to any City Noise Ordinances and Policies. 39. The project proponent will be required to submit additional acoustic studies to the City of Lake Elsinore prior to building permits as required by the Chief Building Official. 40. Prior to construction, the Chief Building Official shall approve a grading plan and all supporting studies. 41. Garage door openers shall be installed in all residential units. 42 . The minimum lot width at the street property line for pie-shaped lots shall be thirty (30) feet or alternatively, there shall be at least one on-street parking space for each pie-shaped lot. 43 . All walls and fencing shall be installed by the builder. Community Services Division 44. A park implementation plan shall be prepared for review and approval by the Community Services Director. The park implementation plan shall provide that the five-acre park in Planning Area 2A be improved prior to the issuance of the 51 Certificate Of Use and Occupancy. Said plan shall also provide that the five-acre (5) park in Planning Area 4 adjacent to the school site be improved prior to the issuance of the 1001 certificate of use and occupancy. Further, the park implementation shall provide that the 3 .2 acre public park adjacent to the PAGE TWENTY-TWO - CITY COUNCIL MINUTES - JANUARY 9, 1990 lake be improved and available for public use prior to or concurrent with the improvement of the lake. Installation of park facilities shall occur in accordance with the park implementation plan. 45. Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street Lighting District pursuant to Resolution No. 88-27 . Public Works Division 46. Contour grading should be practiced throughout the ... project by using natural curves and variable slopes, including variations to the standard 2 : 1 slope. 47 . Drainage structure required on large slopes should be designed to avoid an angular layout or rigid geometric patterns. 48. The 37 .4-acre open space/park will be owned and maintained by the homeowners ' association or some other private entity. The developer will make an offer for dedication of this area. 49 . The 3 . 2-acre open space/park area adjacent to the lake and the private recreation facility will be owned and maintained by the homeowners' association. The developer will make an offer for dedication of this area. 50. The 30.9-acre wildlife corridor will be owned and maintained by the homeowners' association. The developer will make an offer for dedication of this area. 51. All open space and slopes outside the public right-of-way will be owned and maintained by either a Now master homeowners association or private homeowners. All open space areas owned by the homeowners association will be offered for irrevocable dedication to the City. ADOPT RESOLUTION NOS. 89-73 AND 89-74 : RESOLUTION NOS. 89-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE TUSCANY HILLS DEVELOPMENT. RESOLUTION NO. 89-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A CONSERVATION AGREEMENT AND DECLARATION OF COVENANTS FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. ADOPT ORDINANCE NOS. 879 AND 880: ORDINANCE NO. 879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SPECIFIC PLAN FOR THE ..� TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: PAGE TWENTY-THREE - CITY COUNCIL MINUTES - JANUARY 9, 1990 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ORDINANCE NO. 880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE AND APPROVE TENTATIVE TRACT MAPS 25074, 25075, 25076, 25077, 25078, 25079, 25080, AND 24383, BASED ON THE FOLLOWING FINDINGS: Findings 1. An Environmental Impact Report was prepared to address the annexation and development project (1979) . Addenda were prepared in the form of an Environmental Impact Statement (1982) and addendum (1987) which specifically evaluate impacts of the present project. A Conservation Agreement for the Stephens ' Kangaroo Rat has been reached between Homestead Land Development Corporation, the City of Lake Elsinore, and United States Fish and Wildlife Service. Together, these documents comply with the requirements of the California Environmental Quality Act (CEQA) with respect to this project and along with mitigations already required, no significant adverse impacts are anticipated to result from this approval. 2 . Conditions of Approval have been amended, deleted or added to address identified impacts and conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City Goals and Policies. 3 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Tuscany Hills Specific Plan. 4. The site, subject to the attached conditions, is suitable for this type of development. AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAPS 25074 , 25075, 25076 , 25077 , 25078 , 25079 , 25080 24383 . NOTE: The following conditions apply to all eight tentative tract maps except as otherwise annotated before each applicable condition as PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JANUARY 91 1990 follows: (74) applicable only to TT 25074 (75) applicable only to TT 25075 (76) applicable only to TT 25076 (77) applicable only to TT 25077 (78) applicable only to TT 25078 (79) applicable only to TT 25079 (80) applicable only to TT 25080 (83) applicable only to TT 24383 PLANNING DIVISION -� 1. Tentative Tract Maps 25075, 25076, 25077 , 25080 and 24383 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2 . Applicant shall comply with development standards as outlined in the approved Specific Plan. 3 . Final plotting and architectural drawings shall require minor design review as required by the Tuscany Hills Specific Plan. 4 . Applicant shall record CC & R' s for the tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 5. All signage shall be consistent with the Sign Program contained in the Specific Plan. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 7. Street names for all streets within the Tentative Map shall be approved by the Community Development Director. ENGINEERING DEPARTMENT (75) 8 . "H" Street shall be re-evaluated along with "A" Street in TT 25077 in order to improve access off Summerhill Drive. Redesign shall be approved by Engineering Department if design proves to be more feasible. (77) 9 . "A" Street shall be re-evaluated to provide possible access somewhere between Lots 164 and 167 . Redesign shall be approved by City Engineering Department. 10. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion .... in the case records. 11. Fence locations and walls indicated on a grading plan and consistent with the Specific Plan shall be approved by the Community Development Director prior to the release of the first Certificate of Occupancy. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JANUARY 9, 1990 12 . Grading and construction plans shall incorporate erosion control measures as required by the Chief Building Official. 13 . Improvement Plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 14 . Grading plans for this subdivision shall comply with the grading objectives and guidelines ..0 ta.�..i�u:iCu iia tii a. �i p�_vc Yci iit• 15. All Public Works required shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 16. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16. 34 ; Resolution 85-26) . 17. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 18. Construct all required off-site public works improvements per approved plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval. 19. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 20. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78) . 21. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 22 . Annex to the City Landscaping and Street Lighting District. 23 . Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by the Specific Plan. 24 . All local interior double loaded streets shall be 50 foot right-of-way with 36 foot curb-to-curb. Restricted single-loaded local streets shall not -- be less than 40 foot right-of-way with 28 foot curb-to-curb. 25. A complete hydrology and hydraulic report shall be submitted and approved by the City Engineer prior to Final Map approval. 26. The storm drain system shall be designed to mitigate urban pollutants from discharge into PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JANUARY 9, 1990 Canyon Lake and San Jacinto River as amended by the Specific Plan. 27 . Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 28 . No single-family lots shall front or access to collector streets or higher volume streets. r 29 . Designated natural open space lots shall be offered for dedication to the City and maintained to prevent any public hazard until such offer is accepted. Operation and maintenance of open space shall be provided through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Program set forth in the Specific Plan) be maintained by a homeowners association. Access for maintenance to be approved by the City Engineer prior to recordation. 30. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" X 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. (78) 31. "A" Street from "B" to "C" Street shall be increased to 50 feet. (75) 32 . Construction Phasing Plan will be submitted to .� (77) Chief Building Official and approved prior to the (79) issuance of building permits within references tentative tract maps. 33 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 34 . Prior to the issuance of building permits a landscape and irrigation plan shall be submitted and approved by the City. The plans shall be subject to the guidelines identified in the Specific Plan and Design Guidelines for Tuscany Hills. 35. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection as determined by the Community Development Director. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37 . All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - JANUARY 9, 1990 38• All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Chief Building Official prior to installation. 39. Submit a schedule of public works improvements based upon the timing of occupancy of the tract — prior to final map approval. (74) 40. Residential lots of less than 5, 000 square feet shall be subject to the approval of the Planning Commission. (79) 41. The "C" Street intersection with Greenwald Avenue should be re-evaluated and submitted for approval by the Community Development Director prior to the recordation of Tract 25079 . 37. Adoption of a Traffic Impact Fee. Resolution No. 90-1 and Ordinance No. 882 . Engineering Manager O'Donnell explained the proposed fee and the improvements it would complete. He also gave data on fees charged by other Riverside County Cities. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8:54 p.m. asking those in favor of adoption of a Traffic Impact Fee to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:54 p.m. Councilman Buck advised that he is not comfortable with the imposition of this fee, nor clear on the improvements which would be included. Councilman Starkey concurred with Councilman Buck that additional study and information is needed before he can make the decision to impose this fee. Councilman Dominguez expressed concern with the method of potential reimbursement and how it would be calculated as this is not clear in the information presented. Councilman Washburn felt he needed more information to be able to explain this impact of this fee to potential commercial developers. MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REFER THIS ITEM TO THE PUBLIC WORKS COMMITTEE FOR REVIEW AND PROVISION OF ADDITIONAL INFORMATION. BUSINESS/DISCUSSION ITEMS 51 . Industrial Project 89-9 - Herron & Rumansoff Architects (Archer Roofing) A request for approval of an Industrial Project for offices in conjunction with a tile roofing company on 1. 16 acres, located on the east side of Riverside Drive approximately 150 feet north of Collier. Planning Manager Thornhill detailed this request and advised that significant screening improvements had been agreed upon, such as landscaping and fencing. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - JANUARY 9, 1990 The applicant advised that they are in concurrence with staff' s recommendations. Councilman Buck inquired with regard to the fencing and whether the slumpstone could be conditioned to match that of the building across the street. He also expressed concern with the chain link fencing being allowed at all. Staff clarified that the chain link fencing had been allowed due to the large area to be fenced and further clarified the increased landscaping requirement to screen it. Councilman Washburn advised the applicant of the extreme .... flooding problems in the area. He questioned the setbacks for the front wall, and requested increased landscaping over and above the conditions. Staff will work with the applicant for appropriate upgrades. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-39 , AND APPROVE INDUSTRIAL PROJECT 89-9 BASED ON THE FOLLOWING FINDINGS: Findings 1. The proposed request will not have a significant adverse impact on the environment. 2 . The site for the proposed request is of adequate size and shape to accommodate the use. 3 . The proposed buildings continue the same design as the existing units and complies with the design directives contained in Section 17.82 . 060 and all other provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Section 17 .82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the Planning District in which the site is located. AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Planning Division Conditions 1. Design Review Board approval will lapse and be void unless Building Permits are issued within one (1) year. 2 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 3 . All site improvements shall be constructed as indicated on the plans date stamped December 1, 1989, and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. 4 . Meet all Riverside County Fire Department requirements. 5. All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighboring property and streets, or allow illumination above the horizontal plane of fixture. No wall pack units shall be permitted. - 6. A final grading plan shall be submitted and approved by PAGE TWENTY-NINE - CITY COUNCIL MINUTES - JANUARY 9, 1990 the Chief Building Official. 7. Project must connect to sewer within 30 days of it reaching 200 feet of applicant's property, and applicant shall post security to ensure compliance. Prior to the issuance of building permits applicant shall submit a soils report which includes a sewage disposal plan approved by the Riverside County Health Department. 8. Applicant shall cause to be constructed a seven-foot (71 ) high vinyl coated chainlink fence along the perimeter of the parcel (excluding the front) . The side facing Collier shall be black, the side facing opposite (freeway side) and the rear of the parcel shall be green. Tennis court type screen shall be placed inside and attached to the fence, in a color to match the vinyl coating of the chainlink. a) All landscape improvements to be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one (1) year. b) All air conditioning equipment and other mechanical equipment incidental to development shall be roof mounted and screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall be screened. 9. Prior to issuance of Building permits applicant shall submit a site plan reflecting the addition of a seven (7) foot high wall along the Riverside Drive elevation. Said wall shall be placed wherever proposed fencing is located along the Riverside Drive elevation. Said wall shall be constructed of decorative masonry block to match approved building materials. Engineering Department Conditions 10. All public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 11. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 12 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34, Resolution No. 85-26) . 13 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 14 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . PAGE THIRTY - CITY COUNCIL MINUTES - JANUARY 9, 1990 15. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (LEMC 16. 34 and 12 . 04) . 16. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . P 17 . All compaction reports, grade certifications, monument .N. certifications (with tie notes delineated on 8-1/2" X 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 18. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 19. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 20. Applicant shall contribute $2 , 600 towards the design and construction for a traffic signal at the intersection of Collier Avenue and Riverside Drive. Development will increase traffic volume at intersection at least 2% and should contribute 2% of cost for the signal. 21. Applicant shall contribute $116. 00 towards the City Master Entryway Sign Program. 22 . Applicant shall post required bonds for public works/street improvements as established or the project by the City Engineer. 23 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of a grading permit. 24 . Provide street lighting and indicate on street improvement plans as required by the City Engineer. 25. Applicant shall cooperate with Riverside County Flood Control District for the construction of the Arroyo Del Toro Channel and dedicated drainage easements that are reasonable and necessary for the construction of the channel. BUSINESS ITEMS 52 . Second Reading - Ordinance No. 878 . Relating to Zone Change 89-15 - Irvani/Brown. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 878: ORDINANCE NO. 878 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.24 ACRES LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND JOY AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-15 IRVANI/BROWN. PAGE THIRTY-ONE - CITY COUNCIL MINUTES - JANUARY 9, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that Mayor Winkler had been elected Vice-Chairman of the Western Riverside County Council of Governments. CITY COUNCIL COMMENTS Councilman Washburn reminded the public of the "Blast from the Past" on Saturday, January 13 , 1990 at the Lake Community Center. Mayor Winkler commented on the Western Riverside County Council of Governments and requested input from Council with regard to advanced planning issues. CLOSED SESSION None. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9 :20 P.M. JIM WINKLER, MA R CITY OF LAKE E SINORE 4TTEST: VICKI LY E KA AD, CITY CLERK CITY OF KE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23 , 1990 ****************************************************************** CALL TO ORDER The Regular City Council meeting was called to order by Mayor Winkler at 7: 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Pam Brinley, representing "Blast from the Past" and Realty World, thanked the City Council for their support of this event and commented on the success of this year's efforts, raising $4334 . 00 for United Cerebral Palsey. She also presented each Councilmember with a T-Shirt commemorating the event. 2 . Scott Hall, 2391 Manzanita, Corona, advised that he has a new idea for development of power generators in connection with the new levee. He detailed the concepts of his idea, which resemble those of Niagara Falls. 3 . Tony Schiavone, advised that his comments relate to item #51 on the agenda. The Mayor and Council concurred to allow him to speak at that time. 4 . Diana Kramer, advised that she would like to comment on item #12 . The Mayor and Council concurred to allow her to speak at that time. 5. Leon Strigotte, advised that his comments relate to item #12 . The Mayor and Council concurred to allow him to speak at that time. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 12 and 13 . Mayor Winkler advised that he would be abstaining from vote on Item #7 . PAGE TWO - CITY COUNCIL MINUTES - JANUARY 23 , 1990 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. January 9, 1990 - Regular City Council Meeting. The following Minutes were received and filed: b. January 3, 1990 - Planning Commission Meeting. 2. Received and ordered filed the Animal Control Activity Report for December, 1989. 3 . Received and ordered filed the Investment Report for December 31, 1989. 4 . Ratified Warrant List for January 16, 1990. 5. Rejected and referred to Claims Administrator the Application Present Late Claim submitted b Barbara L Alon i CL#' to y g 89-26) . 6. Rejected and referred to Claims Administrator the Application to Present Late Claim submitted by George E. Harper (CL# 89-27) . 7. Approved Pass Through Agreement with the County of Riverside for Redevelopment Project Area III and authorized the Mayor Pro Tem to sign on behalf of the City. (Vote on this item was 4 to 0 with Winkler abstaining) . 8. Approved Library Construction Bond, Notice of Intention and authorized the City Manager to sign the application for funding. 9. Awarded Contract for Main Street Landscaping Project to Hines .... Construction in the amount of $99,495. 10. Approved Request for Waiver of Fees from the Chamber of Commerce for a Carnival to be held on January 25-28, 1990. 11. Adopted Resolution No. 89-7 relating to Engineering and Traffic Survey for Speed Limits. RESOLUTION NO. 89-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 14 . Approved Initiation of Process for Acquisition of Property for Construction of Storm Drain Improvements in Tract 19344 and Adopted Resolution No. 90-3 , setting the public hearing for February 13 , 1990. RESOLUTION NO. 90-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN. 15. Approved Final Tract Map 17413 - 6 & 7 for Tuscany Hills; Authorized the City Clerk to sign the map and arrange for recordation and accepted dedication of Underground Water Rights for recordation with the final map. PAGE THREE - CITY COUNCIL MINUTES - JANUARY 23 , 1990 16. Approved Final Parcel Map 25347 - East side of Lakeshore Drive, south of Mountain Avenue; Authorized the City Clerk to sign the map and arrange for recordation and accept dedication of Underground Water Rights for recordation with the final map. 17. Accepted Notice of Completion for the Concrete Curb, Gutter and Sidewalk Replacement Project from B-1 Enterprises. 18 . Accepted Underground Water Rights on Single Family Residence located at 211 Davis Street from Eddie M. Taketa and Vicky Taketa (Advent Builders, Inc. ) . 19 . Accepted Additional Right-of-Way Dedications on Single Family Residence located at 388 Avenue Three from Tommy D. Gennusa. 20. Accepted Quitclaim Deed for Water Rights on Single Family Residence located at 388 Avenue Three from Tommy D. Gennusa. 21. Approved Release of Deferred Lien Agreement on property located at 15195 Lincoln. 22 . Approved public hearing date of February 13 , 1990 for the following: a. Tentative Tract Map 24634 - Centex Homes. A request to subdivide 206. 33 acres into 603 single-family residential lots. The project is generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. b. An Ordinance of the City of Lake Elsinore adopting by -- reference the following codes with certain Amendments, Deletions and Additions thereto: Uniform Building Code 1988 Edition Uniform Mechanical Code 1988 Edition Uniform Housing Code 1988 Edition Uniform Plumbing Code 1988 Edition. Uniform Code for the Abatement of Dangerous Building 1988 Edition Uniform Fire Code 1988 Edition Uniform Swimming Pool, Spa and Hot Tub Code 1988 Edition National Electrical Code 1987 Edition ITEMS PULLED FROM CONSENT CALENDAR 12 . Resolution No. 90-2 _ Designating the Location of Certain Stop Intersections. Leon Strigotte, 216 Chaney, supported this item and requested Council approval of the proposed stop sign. Diana Kramer, 1611 W. Heald, stressed the importance of this stop sign to slow the traffic through the neighborhood. Councilman Dominguez advised that he had referred this item to staff and the Public Works Committee for review and requested that staff pursue placement of the new sign immediately. Councilman Buck advised the residents only one stop sign in one direction will be placed pursuant to this action. Leon Strigotte, commented that one stop sign should be adequate, but special traffic enforcement is needed in this area to help slow down the traffic. City Manager Molendyk advised that special traffic enforcement has been utilized during the last two weeks in that area and PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 23 , 1990 will continue to help educate the community with regard to the new stop sign. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-2 . RESOLUTION NO. 90-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (CHANEY/SUMNER) . 13 . Study of Public Safety Services - Proposal from PMW Associates. Mayor Winkler explained the scope and purpose of this study. He also commented on the work of the Public Safety Committee and invited Tom Thomas, Chairman of that committee to speak. Tom Thomas advised that on Wednesday, January 24, 1990, at 7: 30 p.m. on King Videocable 3 , there will be a public input program relating to Neighborhood Watch. Councilman Dominguez commented on the time element for completion of this study and the potential for a related Ballot Measure in November of this year. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SCOPE OF WORK AS PRESENTED IN THE ATTACHED PROPOSAL FROM PMW ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO EXECUTE IT. PUBLIC HEARINGS 31. Brighton Homes Development Agreement. Community Development Director Gunderman advised that staff would recommend that this item be tabled. COUNCIL CONCURRED TO TABLE THIS ITEM. 32 . Community Facilities District No. 88-3 . Continued from December 26, 1989. Community Development Director Gunderman advised that this item needed an additional continuance. COUNCIL CONCURRED TO CONTINUE THIS ITEM TO FEBRUARY 13, 1990. BUSINESSLDISCUSSION ITEMS 51. Request for Reconsideration of Street - Abandonment 89-2 High Street between Mill and Country Club Boulevard. Tony Schiavone, 780 Lake Street, advised that he is not sure of the reason for this request for reconsideration, but he doesn't feel there is adequate justification. City Attorney Harper advised that there is no specific appeal process, but because reconsideration has been requested, the Council has two options. One is to make a finding that there is new information that was not originally provided and move to reopen the public hearing which would require that the notification process be completed again. The other option is to let the previous action stand and take no action. The applicant, George Alongi was not present. Councilman Washburn advised that he had met with Mr. Alongi PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 23, 1990 and did not feel there was adequate reason to reopen the hearing. Councilman Starkey advised that he does not feel adequate new information was available to reopen the hearing. THE COUNCIL TOOK NO ACTION ON THIS ITEM. BUSINESS ITEMS 52 . Ordinance No. 877 = Second Reading. Relating to Zone Change 89-7 - Rancon Realty Fund IV. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 877 : ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 22 . 67 ACRES LOCATED AT THE NORTHWEST CORNER OF CENTRAL AND COLLIER AVENUE, FROM C-P (COMMERCIAL PARK DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) (ZONE CHANGE 89-7 - RANCON REALTY FUND IV) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -- ABSTAIN: COUNCILMEMBERS: NONE 53 . Ordinance No. 879 = Second Reading. Relating to Tuscany Hills Specific Plan. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 879: ORDINANCE NO. 879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 54. Ordinance No. 880 - Second Reading. Relating to Tuscany Hills Development Agreement. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 880: ORDINANCE NO. 880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PAGE SIX - CITY COUNCIL MINUTES - JANUARY 23 , 1990 APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk commented on the use of overtime police officers for the holiday season and extra burglary prevention downtown and advised that the new full time officers are now in place. City Manager Molendyk requested that Council consider appointment of a Council Committee to review the Ramsgate Specific Plan; and suggested Councilmembers Buck and Washburn to serve. Council concurred with appointment of Councilmembers Buck and Washburn. CITY COUNCIL COMMENTS Councilman Buck thanked staff for the recent efforts to improve Main Street' s overall appearance. Councilman Starkey commented on the Chamber of Commerce installation held last weekend and advised that Arta Valenzuela is the new president and he will be serving as the City/Chamber liaison at her request. He also advised that he had a new m.m granddaughter this date. Mayor Winkler advised the Community that while efforts are continuing for a temporary road while construction is done on Railroad Canyon Road, there is the possibility that no alternate will be provided. He suggested that residents begin considering alternate routes and be prepared when construction does begin, because it will continue for approximately six months. THE APPLICANT FOR ITEM #51 OF THIS AGENDA ARRIVED AT THIS POINT AND REQUESTED AN OPPORTUNITY TO ADDRESS HIS ITEM. COUNCIL GRANTED HIM THREE MINUTES FOR THIS PURPOSE. 51. Request for Reconsideration of Street - Abandonment 89-2 High Street between Mill and Country Club Boulevard - Continued. George Alongi, showed maps of the affected area and commented in the difficulty of turning radii. He commented on the difficulty of access for emergency vehicles and expressed concern with the City's ability to obtain appropriate utility easements with the abandonment of this street. Councilman Dominguez requested clarification of the Council 's options. City Attorney Harper clarified that Council can either take no further action, or they can readvertise and initiate the public hearing process again. City Manager Molendyk suggested, if the Council wished to reopen the hearing, it should first be reviewed by the Public Works Committee. Councilman Washburn advised that the public hearing had been held already and he felt the key issues had been addressed. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 23, 1990 THE COUNCIL TOOK NO FURTHER ACTION ON THIS ITEM; THEREFORE THE ACTION OF JANUARY 9, 1990 TO APPROVE ABANDONMENT 89-2 WILL STAND. CLOSED SESSION None. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:50 P.M. JI WINKLER, YOR CITY OF LAKE ELSINORE r' 4TTEST: r ICKI KASAD; CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 13, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor i Winkler at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER I ABSENT: COUNCILMEMBERS: WASHBURN i Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS Mayor Winkler advised the following people that they would have any opportunity to speak when the items they are concerned with are considered: Andy Lopiccolo - Item #33 Tom Tincher - RDA Item 5.A. Phillip Klapper - Item #51 George Alongi, 649 Mill Street, expressed concern with the recent abandonment of High Street and the potential future problems based on that decision. Francine and Marco Cavazos, 833 Quail Drive, commented on the recent shooting of their son with a Bee Bee Gun at Machado School and requested Council ' s support of stricter regulation of air guns; particularly in the vicinity of schools. Mrs. Cavazos stressed the need to insure security and safety for children at school. Mr. Cavazos expressed concern with the responsiveness of. the City' s Sheriff's Department. City Manager Molendyk advised that the City Attorney is currently reviewing the City's ordinance for potential revisions to regulate air guns. City Attorney Harper advised that this item will be ready for the February 27, City Council Meeting. Leon Strigotte, 216 Chaney Street, expressed concern with the level of service being provided by the Sheriff' s Department. He detailed the attempted theft of his vehicle and the contact with Sheriff' s Deputies, and his own investigation of the latent fingerprints on his vehicle. He suggested that investigation and service be provided at the level the City is paying for. Cliff Smith, 1107 Monroe Street, commented on burglaries in his neighborhood in the last three weeks; and expressed concern with police reports taken over the phone with no observance of the crime scene. He felt that even when a phone report is taken, an officer should go to the scene and make the contact. i i PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 Jim Parkinson, 1121 Cleveland Court, suggested that Council consider increased sheriff service levels and commented on the overloaded deputies we currently have. Richard Gruchen, 1110 Cleveland Court, further discussed burglaries in his neighborhood and commented on the problems being caused by drug related crimes. He also commented on the high population of parolees in Lake Elsinore. He offered the efforts of his neighborhood to get involved and help clean up the existing crime level. Mayor Winkler thanked the residents for taking the time to advise .. Council of ongoing problems. He commented on the revitalized and new neighborhood watch programs underway. Captain Reynolds, Riverside County Sheriff' s Department, detailed recent efforts in the downtown area and four corners area to clean up specific crime problems. He also detailed the neighborhood watch and reserve programs currently underway and advised that interested parties should contact Sgt. Ken Williams at 674-3132 or 674-3131. {� Councilman Dominguez commented on the study of police services currently underway and the future ballot measure to decide between the Sheriff' s contract and a City police department. i PRESENTATIONS/CEREMONIALS Proclamation - Margarite Somers. Mrs. Somers was not present for presentation. CONSENT CALENDAR Mayor Winkler advised that he would be abstaining from vote on Item #10. � I MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. January 23, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: I b. January 17, 1990 - Planning Commission Meeting. 2 . Received and ordered filed the Building Activity Report for January, 1990. i 3 . Received and ordered filed the Code Enforcement Activity Report for January, 1990. 4 . Received and ordered filed the Structure Abatement Activity Report for January, 1990. i 5. Ratified Warrant List for January 31, 1990. 6. Approved Proclamation for Meet Your Judges Week, March 4-10, 1990. 7. Approved Property Acquisition of Tax-Defaulted Property on Lakeshore Drive; adopted Resolution No. 90-4 and authorized staff to proceed with acquisition of the property. i i I PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 RESOLUTION NO. 90-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONCERNING THE ACQUISITION OF CERTAIN TAX- DEFAULTED PROPERTY. 8. Approved Acquisition of Lift Station Equipment for the Northwest Sewer Project prior to project bidding and Adopted Resolution No. 90-8. RESOLUTION NO. 90-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, LAKE ELSINORE, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS. 9 . Approved Acquisition of Copy Equipment on a Lease Purchase Plan. 10. Adopted Resolution No. 90-5 relating to issuance of Bond Anticipation Notes. (Note: Mayor Winkler abstained from vote on this item) . RESOLUTION NO. 90-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF $3, 800, 000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III TAXABLE REFUNDING BOND ANTICIPATION NOTES, 1990 SERIES. 11. Approved Appointment of Bond Underwriter and Bond Counsel and Adopted Resolution No. 90-6. RESOLUTION NO. 90-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPOINTING AN INVESTMENT BANKING FIRM AND CO-BOND COUNSEL FIRMS FOR PURPOSES OF BONDS AND OTHER LOCAL OBLIGATIONS OF THE CITY TO BE ACQUIRED OR OTHERWISE FINANCED BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY WITH PROCEEDS-- OF ITS BONDS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. 12 . Accepted Notice of Completion for the 1990 Slurry Seal Project. 13 . Accepted Quitclaim Deeds for Water Rights at various locations including: 16850 Gunnerson 15136 Via Valle 29151 Riverside Drive 14. Approved Public Hearing date of February 27, 1990 for the following: a. Tentative Tract Map 23988 - Ortega Partners. A subdivision consisting of 259 lots. The project consists of approximately 72 .5 acres of land. The property is located northwesterly of Machado Street at the terminus of Lincoln. i PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 b. Tentative Tract Map 24618 = George Wimpey/ Morrison Homes. A request to subdivide 10.24 acres into 38 lots averaging 7,260 square feet. The site is zoned R-1 (Single-Family Residential District. The property is located approxi- mately 850 feet south of Grand Avenue, east of Grandview Avenue and west of Ortega Hwy. C. Tentative Tract Map 25442 - Doug Reuvers & Sharon Gibson. i A request to subdivide 3 .20 gross acres into 4 lots ranging in size from .58 net acres to . 99 net acres •�• located in the R-1 District (Single-Family Residential District) . The property is located west of Robertson Street and north of Shrier Drive. PUBLIC HEARINGS + 31. Tentative Tract Map 24634 _ Centex Homes. i A request to subdivide 206. 33 acres into 603 single-family +� residential lots. The project is generally located south of I the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Community Development Director Gunderman detailed this request and the previous related discussions. He detailed some of the improvements to be provided by the developer, including an 80 foot roadway to be the extension of Lincoln, a multi-purpose trail system, a 3 .9 acre park adjacent to Terra Cotta Junior High School, improvement of Broadway St. , and an elementary school site. He also reviewed the new and revised conditions presented this evening. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearingat 7 :47 p.m. asking those in favor of Tentative Tract Map 24634 to speak. The following person spoke: Mike Aller, representing Centex Homes, clarified the unit count for this development is 590 units. He also detailed the proposed McVicker Canyon Park. Mayor Winkler asked those in opposition to speak. The following people spoke: Robin Johnson, 15018 Vista View, advised that the residents in the surrounding area have formed a committee to work out the impacts of this development on existing residents. He further advised that the following are major concerns of the residents 1) 100, 000 gallon water storage tank to be installed; 2) construction related traffic increase; 3) need for extensive landscaping along 80 foot street; 4) timing of completed street improvements; 5) lot sizes in border areas of tract. He suggested that this item be postponed to allow the residents time to work with the developer to mitigate concerns. Dennis Johnson, 15026 Vista View, advised that on his street the major concerns are the impact on their view, for which they paid premium prices on the lots; development in the area of the flood control easement; and the waiver of the 75% calculation in the border areas. He inquired how promises from the developer could be guaranteed, if the concerns are resolved. He also suggested that this item be continued. PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 John Sellars, 16510 Mountain Street, also requested that this item be continued. He commented on previous similar discussions relating to the Pacific Scene development. He further expressed concern with the traffic impacts and water storage tanks. He also commented that he feels the problems can be worked out with the developer, it more time is given to resolve them. Mike Miller, 15012 Vista View, commented on the price paid for his property for increase view and recreational vehicle access. He detailed the mis-information provided by the original developer and his belief that the Council should assure that buyers are properly informed. I Sherry Dupre, new resident of Vista View, advised that she has been a resident of the existing tract for one week and already has concerns about traffic flow. Dennis Wilson, 15035 Vista View, expressed concern with the flood control ditch behind Forest Street and traffic flow. Cathy Littlejohn, Rolando Street, expressed concern with the future potential for use of Running Deer. She suggested that wider notification of property owners be considered, as she feels the 300 foot radius is inadequate. i Mayor Winkler closed the public hearing at 8: 15 p.m. THE CITY COUNCIL MEETING WAS RECESSED AT 8: 15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. Mayor Winkler advised that a report had been provided during the recess and requested further information on the report. r Mr. Aller, representing Centex advised that this is the resolution proposal they have reached for mitigation of view impacts. Councilman Starkey inquired how the 50% spacing of single story homes would be done. Mr. Aller advised that it would be every other house to make it fair for everyone. City Attorney Harper advised that the conditions in the report should be made a part of the conditions of approval. Council discussion ensued with regard to time frame for construction of McVicker Park, improvements to be completed as part of the West Lake Elsinore Assessment District, consideration of the final Development Agreement, and mitigation of traffic concerns. Mayor Winkler suggested continuance of this item to the next council meeting and requested that all of the conditions be pulled together in one document for that consideration. Councilman Buck inquired as to the timing of the Development Agreement and whether the tract and the agreement should be considered jointly. A representative of the West Lake Elsinore Assessment District advised that the development agreement affects all of the developers in the assessment district. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REOPEN THE PUBLIC HEARING ON THIS ITEM AT 9: 01 P.M. AND CONTINUE IT TO THE NEXT COUNCIL MEETING. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 THE CITY COUNCIL MEETING WAS RECESSED AT 9: 02 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9: 12 P.M. 32 . Recovery of Expenditures for the demolition of 107 North Scrivener. Community Development Director Gunderman explained this item and the procedure for placement of a lien to recover costs of abating the building at this location. He advised that the cost is $4,555. 00. WNW The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 9: 14 p.m. asking those in favor of this item to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 9: 14 p.m. Councilman Starkey inquired what the property owner had been advised with regard to a lien vs. a special assessment. Staff advised that he had been notified of the lien process. City i Attorney Harper further advised that the lien provides the City the most security. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COST OF THE ABATEMENT AND { AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A LIEN ON THE PROPERTY TO RECOVER ALL PERTINENT COSTS AND INTEREST ACCRUED j THEREON. 33 . Acquisition of Property for Storm Drain Improvements Tract 19344 . Resolution No. 90-7. Public Services Director Kirchner advised that the above mentioned Storm Drain Improvements were a condition of w approval for the Serenity Tract developed by Crowell Industries. He further advised that efforts to negotiate with the property owner had been unsuccessful to date, and the developer had requested the City's assistance in acquisition. I City Attorney Harper clarified the City' s legal responsibility to either assist the developer or waive the original condition of approval. The City Clerk reported no written comments or protests. j Mayor Winkler opened the public hearing at 9: 20 p.m. asking those in favor of this item to speak. The following person spoke: Dave Kerrigan, representing Crowell Industries, confirmed that their attempts to negotiate this matter have been unsuccessful and they are in a position where they need to proceed with the project. Mayor Winkler asked those in opposition to speak. The following person spoke: Andy Lopiccolo, property owner, expressed concern that the proposed improvements will depreciate the value of his ... property. He commented that while he is willing to sell, he would like to obtain a fair price on the property. Mayor Winkler closed the public hearing at 9:25 p.m. l PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 City Attorney Harper clarified that the action tonight has nothing to do with the price of the land. This action only indicates the need for the property and initiates a court process. He indicated that the property owner must be compensated at fair market value if the property is taken. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 90-7 AND PROCEED WITH THE EMINENT DOMAIN PROCEEDINGS. 34 . An Ordinance of the City of Lake Elsinore adopting reference the following codes with certain Amendments, Deletions and Additions thereto: i Uniform Building Code 1988 Edition Uniform Mechanical Code 1988 Edition Uniform Housing Code 1988 Edition Uniform Plumbing Code 1988 Edition. Uniform Code for the Abatement of Dangerous Buildings 1988 Edition Uniform Fire Code 1988 Edition Uniform Swimming Pool, Spa and Hot Tub Code 1988 Edition National Electrical Code 1987 Edition Community Development Director Gunderman advised that this adoption of codes is required every three years and will bring our requirements up to date. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 9:28 p.m. asking those person interested in this Ordinance to speak. Hearing no one, the public hearing was closed at 9:28 p.m. MOVED BY BUCK, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 882 : ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBERS 799 ; 797 ; 798 ; 795; 796; 800; 794; 802 AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN_ AMENDMENTS, DELETIONS AND ADDITIONS THERETO: UNIFORM BUILDING CODE 1988 EDITION; UNIFORM HOUSING CODE 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION; UNIFORM PLUMBING CODE 1988 EDITION; UNIFORM MECHANICAL CODE 1988 EDITION; UNIFORM FIRE CODE 1988 EDITION; NATIONAL ELECTRICAL CODE 1987 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE 35. Community Facilities District 88-3 - West End Assessment District. THIS ITEM WAS CONTINUED TO MARCH 13, 1990. BUSINESS/DISCUSSION ITEMS PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 51. Commercial Project 89-8 - Krouse Builders. i A request for a 7,250 square foot commercial building on . 344 gross acres, located at the northeast corner of Scrivener and Graham Avenue. i Planning Manager Thornhill detailed this request and showed elevations of the proposed building. Larry Krouse, applicant advised that they are in agreement with the conditions of approval and commented on the project's ability to enhance the business area. Phillip Klapper, 807 W. Graham, expressed concern with the proposed building as the nine windows on the back side of the building face his back yard and all of the bedrooms and bathrooms in his house, eliminating any privacy. He also expressed concern that the plan had progressed to this point before he was notified of the project. Councilman Buck advised that he has a problem with this project because the design is not consistent with the area. He felt it was too modern for the overall theme being j implemented in the downtown area and suggested that possibly use of different type of materials could improve the design. i Councilman Dominguez suggested that John Ballew, Architect review the plan for its compatibility with the downtown area and suggestions for improvement of the design. Community Development Director Gunderman advised that Mr. Ballew has already reviewed the plan. Councilman Starkey suggested that this item be referred to staff for review as well as the Design Review Committee for Downtown for a more appropriate design. i MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE now OF THOSE PRESENT TO CONTINUE THIS ITEM FOR STAFF REVIEW AND B.I.D. DESIGN REVIEW COMMITTEE REVIEW. 52 . Industrial Project 89-8 - Paul Carrera. ; A request to construct an 18,255 square foot industrial building on a one acre lot, located approximately 135 feet south of Minthorn Street, east of Third Street. Planning Manager Thornhill detailed this request. j The applicant had no comment. Councilman Buck cautioned the City Council with regard to continued subdivisions in industrial areas, because it forces this type of building with limited access, because the lots are too small for other applications. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE + OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION 89-38 AND APPROVE , INDUSTRIAL PROJECT 89-8 BASED ON THE FOLLOWING FINDINGS: Findings 1. This project is consistent with the Goals, Policies and objectives of the General Plan. 2 . If the attached conditions are met, the project will meet the design directives of Chapters 17.56, 17. 38 and 17.82 of the Municipal Code. i I PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 3 . If the attached conditions are met, the project will meet all requirements and standards of the Municipal Code. AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Planning Division Conditions 1. Design Review Approval for Industrial Project 89-8 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2 . All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3 . These Conditions of approval shall be attached or reproduced upon page one of building plans prior to their acceptance by the Division of Building and Safety. 4. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations, subject to these Conditions of Approval. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community i Development Director or his designee. 7. A revised site plans and elevations plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflect all conditions of approval. These revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 8. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site rough grading, as approved by the City Engineer. 9. Applicant is to meet all applicable City Codes and Ordinances. 10. Meet all State handicap requirements. 11. Meet all Riverside county Health Department requirements. 12 . No outdoor storage shall be allowed for any tenant. 13 . Provide one(1) centrally located trash enclosure. i PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 14. No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire rating. , 16. The design and construction of the project shall meet all County Fire Department standards for fire protection including emergency vehicle turning radius and shall include any additional requirements requested by the Fire Safety Specialist. 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. No single-unit wall/window air conditioning units shall be used. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to i match the building. Evidence of compliance shall be included in building plans. i 18. All exterior downspouts shall be painted to match the building. 19. Any proposed metal mailboxes shall be treated to 1 blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of i building permits, subject to the approval of the postal service and the Community Development Director or his designee. i 20. The final landscaping /irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his assignee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 15 gallon in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 g) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City' s adopted Landscape Guidelines. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirement approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall a installed within affected portion of any phase at the time a Certificate of Occupancy is requested_ for any building. j ) Final landscape plan must be consistent with approved site plan. k) Relocate Jacarandas out of right-of-way and further away from drive apron. 1) Screen parking from Third Street. m) Final landscape plans to include planting and irrigation details. I n) Provide a five-foot (51 ) landscaped setback between rear property line and drive aisle/parking areas. o) Provide a five-foot (51 ) wide parking lot landscaped planter between parking space number 26 and the drive aisle. 21. All exposed slopes in excess of three-feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 22 . All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall pack units shall be permitted. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 23 . The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center' s design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 24. The project shall connect to sewer and meet all PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 25. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 26. Parking stalls shall a double-striped with four-inch (411) lines two-feet (21 ) apart. 27. Applicant shall annex project into a City Landscape and Lighting District. 28. Trailers utilized during construction shall be approved by Planning Divisions. 29 . On-site surface drainage shall not cross sidewalks. i 30. All loading zones shall be clearly marked with yellow i striping and shall meet City Standards for loading zones. The project shall be designed so that every unit is provided with a 12 ' x 20 ' loading space as required by the City's Municipal Code. I 31. Exterior doors on the north elevation shall match the main building color. i 32 . Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Department Conditions i 33 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building i permit is issued. 34. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . 36. Submit a letter of verification "Will-Serve" letter to the City Engineering Department, from the applicable water district stating that water and sewer arrangements have been made for this project, prior to applying for building permit. 37. If the existing street improvement plans are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 38. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 1 PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 39 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42 . All natural drainage traversing site shall be conveyed through site, or provided for by a method approved by the City Engineer. 43 . Applicant shall contribute $2, 600. 00 towards the design and construction of a traffic signal at the intersection of Central Street and Collier Avenue. This development will increase traffic volume at the intersection at two-percent (2%) and should contribute two-percent (2%) for the cost of construction. 44. Contribute $101. 00 towards the City's Master Entryway Sign Program. 45. Prior to issuance of building permits or recordation of map, developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan of Drainage for this area, and the final plan has not yet been adopted but the previously completed Master Plan of Drainage for the West End indicates a fee of $4, 000 per acre is in order, the developer shall deposit i $4, 000 per acre which may be partially returned if the indicated drainage fee is lower. 53 . Stephens ' Kangaroo Rat Interim Habitat Conservation Plan and Supporting Documentation. Community Development Director Gunderman detailed staff' s recommendation to receive and file the documentation on this item. City Manager Molendyk advised that staff would also recommend a study session prior to any further action on this item and suggested Thursday, February 22 , 1990 at 4: 00 p.m. After discussion, Council set the study session for 4: 00 p.m. on Wednesday, February 21, 1990. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Community Services Director Watenpaugh commented on the Teen Dance held on Saturday, February 10, 1990 and its success in drawing 273 teenagers. He also commented that all remarks received in response were positive and another dance is planned for March 17th. PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 13 , 1990 Councilman Starkey advised that he and Councilman Buck had gone to Oceanside and Carlsbad to see lighting, landscaping and slope treatments. He further advised that he was very impressed with their uses of landscaping in industrial areas and more information would be forthcoming with regard to guidelines. Councilman Dominguez commented on the success of the City Hall Rededication and Open House. Councilman Buck also commented on the Rededication of City Hall and complimented Ron Molendyk and Phyllis Rogers on their efforts. CLOSED SESSION None. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:55 P.M. i t � JIM WINKLER, MAYOR CITY OF LAKE ELSINORE I A TEST: VICvKII AtIAD, CITY ERK CITY OF LAKE ELSINORE - i 1 i i i MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 1990 ****************************************************************** `- CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Dick Knapp, 29690 Dwan, commented on Item #10 of this agenda. He suggested that the City Council give the Engineering Department the flexibility to allow a wall at an appropriate level in relation to the slope easements. 2 . Dan Grindell, representing the Lake Elsinore N.A.A.C.P. , presented Mayor Winkler with a plaque commending him for his work toward recognition of Martin Luther King' s Birthday as a City holiday. Mayor Winkler thanked the N.A.A.C.P. for their recognition and recognized the entire Council for their support of this effort. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 8 and 9. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. February 13 , 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. February 7, 1990 - Planning Commission Meeting. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 2 . Received and ordered filed the Animal Control Activity Report for January, 1990. 3 . Received and ordered filed the Investment Report for January 31, 1990. 4. Ratified Warrant List for February 15, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Charles & Cecilia Mulik (CL #90-4) . 6. Rejected and referred to Claims Administrator the Claim submitted by Colonial Penn Insurance on behalf of Walter Quigley (CL #90-3) . 7 . Approved Proclamation for California Earthquake Preparedness Month April, 1990. 10. Accepted Grant Deeds for the Purpose of Ten (10) Foot Slope Easements at 29523 La Shell Street & 16840 Bell Street. 11. Accepted Quitclaim Deeds for Water Rights for 113 Mohr Street & 4180 W. Crestview. 12 . Accepted Quitclaim Deeds for Water Rights at 29523 La Shell Street. ITEMS PULLED FROM CONSENT CALENDAR 8 . 16th Year C.D.B.G. Projects. Councilman Washburn commented on the proposed contribution to the volunteer fire fighters of Station 10, and their contributions to the Community. He suggested that the proposed restrooms and shade structures at Machado Park be deleted from the project list; and replaced with parking .� improvements at Yarborough Park. Councilman Buck advised that the Senior Home Repair program is being increased from $15, 000 to $25, 000 for this year. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED PROJECTS WITH THE CHANGE FROM MACHADO PARK TO YARBOROUGH PARK. PROJECTS INCLUDED ARE AS FOLLOW: Senior Home Repair Program $26,500 (continue service to elderly, low income) Golden Spectrum 15, 000 (provide seed money for Senior Programs) Riverside County Coalition for 1,839 Alternatives for Domestic Violence (continue funding City share) Riverside County Volunteer Fire 4, 020 Department #10 (Rescue Equipment) MGM Homeless Program (local, St. 5, 000 Vincent De Paul/Crisis Center) Yarborough Park Parking 47, 561 Improvements (as suggested by Councilman Washburn) PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 9. Adoption of Riverside Count Department of Health - Well p Y p Ordinance - Resolution No. 90-9. Councilman Dominguez requested clarification of the Ordinance and its impact on the geothermal programs. City Attorney Harper clarified that the ordinance relates only to drinking water which would not affect geothermal. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-9. RESOLUTION NO. 90-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING ORDINANCE NO. 682 AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING THE CONSTRUCTION, RECONSTRUCTION, ABANDONMENT, AND DESTRUCTION OF WELLS. PUBLIC HEARINGS 31. Tentative Tract Map 24634 - Centex Homes. A request to subdivide 206. 33 acres into 603 single-family residential lots. The project is generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Continued from February 13 , 1990. Community Development Director Gunderman advised that there is another meeting with the residents and developer on February 28th and recommended continuance to March 13, 1990. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 13 , 1990. 32 . Tentative Tract Map 23988 - Ortega Partners. A request of California Communities for approval of a Tentative Map to subdivide 72 . 48 acres into 259 single-family lots, located northwesterly of Machado Street at the terminus of Lincoln Street. Community Development Director Gunderman detailed this project and its prior considerations and revisions. The City Clerk reported one written comment dated February 27, 1990 from Mr. Henk Huetinck, 30788 Sarabia, Lake Elsinore expressing concern with flooding, education, recreational facilities, public services and emergency services. Mayor Winkler opened the public hearing at 7: 17 p.m. asking those in favor of Tentative Tract Map 23988 to speak. The following people spoke: Jeff Kenyon, representing California Communities, advised that he is the Senior Project Manager for this development and thanked staff for their assistance in revising their proposal. He detailed the proposed density, lot sizes, recreation trail and other amenities proposed. John Mandrell, representing the Keith Companies, detailed the West End Assessment District which will provide additional improvements in this area. Mayor Winkler asked those in opposition to speak. The following people spoke: PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Scott Josefson, 15070 Alvarado Rita Wilsey, 15015 Lincoln Street Mark Soderberg, 15058 Heather Rosemary Connelly, 30516 Princo Lynn Josefson, 15070 Alvarado Pam Eriser, 15042 Ziegiinde Leroy LePro with concerns relating to density, lot sizes,and traffic circulation. Mayor Winkler closed the public hearing at 7:55 p.m. Community Development Director Gunderman advised that lot sizes had been a concern, however the density complies with the General Plan. Jeff Kenyon explained with regard to traffic concerns he had offered to place a stop sign; he also explained that he has met with some of the homeowners to mitigate concerns. He also detailed the quality and price range of the homes they are developing. Mayor Winkler questioned the cost of the assessment district to each developer and each property owner. John Mandrell explained that the developers are paying variable amounts based on the size of the development and the homeowners will each absorb approximately $13, 000 to $14, 000. Discussion ensued with regard to the 25 lots in the center of the development which will be 6, 000 square foot, as well as possible alterations of the buffer area and the lots in question. THE CITY COUNCIL MEETING WAS RECESSED AT 8 :40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8: 50 P.M. After further discussion of lot sizes and densities in the area, it was suggested that a Council Committee of Councilmembers Buck and Washburn meet with Mr. Josefson and Mr. Soderberg to discuss concerns prior to the next Council Meeting. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO REOPEN THE PUBLIC HEARING AT 9: 18 P.M. AND CONTINUE THIS ITEM TO MARCH 13 , 1990 TO ALLOW REVIEW BY THE ABOVE MENTIONED I COMMITTEE. 33 . Tentative Tract Map 24618 - George Wimpey. A request to create 35, R-1 (Single-Family Residential) lots from 10. 24 gross acres, located approximately 850 feet south of Grand Avenue, west of Ortega Highway and east of Grandview Avenue. City Planner Thornhill detailed this request. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 9 :25 p.m. asking those in favor of Tentative Tract Map 24618 to speak. The following person spoke: Jim Bolton, Keith Companies, representing the applicant, offered to answer questions from Council. PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Mayor Winkler asked those in opposition to speak. The following people spoke: Steve Fischer, 15701 Shadow Mountain, expressed concern with the lack of park facilities in this area of the City. ' Jeannie Fischer, 15701 Shadow Mountain, further commented on the need for a passive park in the neighborhood. ` Mayor Winkler closed the public hearing at 9: 28 p.m. 4 Councilman Starkey questioned Community Services Director Watenpaugh about any potential park facilities in the area. Community Services Director Watenpaugh advised that while there are areas dedicated as open space, no actual park is proposed. City Manager Molendyk clarified that when the surrounding developments received their original approvals no park facilities were required by the Council. Councilman Starkey requested that staff review this area for possible facility locations. f Councilman Washburn questioned the "crib wall" required by the Conditions of Approval. City Planner Thornhill advised that this is a wall through which plants can grow and eventually give the appearance of a landscaped slope. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-47 AND APPROVE TENTATIVE TRACT MAP 24618 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings 1. If the attached conditions are met, this subdivision is consistent with the Goals, Policies and Objectives of the General Plan. 2 . This subdivision meets the minimum subdivision requirements of Title 17 (Zoning Code) . 3 . If the attached conditions are met, this project will meet the development requirements and standards of the Municipal Code. Planning Division Conditions 1. Tentative Tract Map 24618 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 and 17 unless modified by the Conditions of Approval. 3 . A precise survey with closures for bounc' iries and all lots shall be provided, per City Ordinar _;., . 4 . All signage for this subdivision shall require City permits. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 5. A noise study must be submitted prior to Minor Design Review approval of the dwellings, plotting and decorative wall for Ortega Highway, to ensure that the interior and exterior noise levels specified by the City' s Code are provided for Lots 6-15 through building construction and a sound attenuation wall. Standard highway noise levels should be assured for the sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7 . A geologic report with associated recommendations will be required for grading permit. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permits. Temporary erosion control landscaping shall be provided within 30 days of rough grading. The applicant shall bond 100% for material and labor for one year. 8. Pay all Capital Improvement fees in effect at time of issuance of building permits. 9. Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 10. Prior to approval of the Final Tract Map all lots ... within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District, and property lines shall be at the top of slopes. 11. Prior to Final Map approval, if required, the applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 12. Bond for drip or sprinkler irrigation system for slope areas, prior to issuance of building permits. If a crib wall is proposed the applicant shall be responsible for landscaping/irrigation plan shall be submitted and approved, pp prior to issuance of grading permits, subject to the approval of the City's Landscape Consultant and the Community Development Director. 13 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Department. 14 . All of the improvements shall be designed by now developer' s civil engineer to the specifications of I the City of Lake Elsinore. 15. Comply with all conditions of the Riverside county Fire Department. 16. Applicant must meet all requirements of Elsinore PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 27 , 1990 Valley Municipal Water District (EVMWD) . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD) . 17 . The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation, as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18 . Meet all requirements of Southern California Edison Company. 19. Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21. All trailers used during construction shall be subject to Planning Division review and approval prior to installation Project mailboxes require Planning Division review and approval prior to installation. 22 . The developer shall establish a homeowner's association to manage and impose fees to maintain all slopes along Ortega Highway. The retaining wall located on the northeastern most tract boundary shall be maintained by the homeowner' s association. All other walls shall be the responsibility of the individual homeowners. The homeowner' s association shall be established to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review the CC & R's, homeowner's association documents and all documents to convey title to the homeowner' s association. 23 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. One model home shall be landscaped using Xeriscape landscaping with signage identifying its use. 24 . Subdivider shall record CC & R' s for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk from public right-of-way and adjacent property, the prohibition of roof-mounted or front yard disk. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R' s shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26. Provide a decorative masonry wall along Ortega Highway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet in height shall require Planning Commission approval. All other walls are subject to the review and approval of the Community Development Director or his designee prior to issuance of building permits. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above along Grandview Avenue, and on the northeasterly retaining wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing) . All other side and rear property line fencing shall be 6 feet high and meet the requirements of Section 17. 14 and 17. 23 of the Municipal Code. 27. Prior to issuance of any grading permit or building permits, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Director. 28 . Property lines shall be at the top of slopes with downslope areas to be maintained as indicated in condition number 22, with the exception of Grandview Avenue and Trabuco Avenue. sum 29 . All proposed exterior lights shall be shielded above the horizontal plane. Engineering Department Conditions 30. All Public Works requirements shall be complied with as a conditions of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 32 . All local streets shall have 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of-way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33 . No single-family lots shall have ingress or egress to collector streets or higher volume traffic streets. 34. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 36. Submit a "Will-serve" letter to the City Engineering department, from the applicable water district , stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 38 . Street improvement plans and specification shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 39 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. Applicant shall obtain any necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 42 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 43 . Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 44 . Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by City Engineer and Riverside County Flood Control District prior to final map approval. 46. All major drainage facilities in this tract shall be constructed to Riverside county Flood Control District standards and agreement entered into with the District for construction, ownership and maintenance. 47 . All drainage facilities in this tract shall be designed and constructed to Riverside County Flood Control District Standards. 48. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding i i PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 and/or erosion downstream caused by development of site an diversion of drainage. 49. Applicant shall obtain any necessary Cal-Trans permits and meet all Cal-Trans requirements for right-of-way dedications and construction on Ortega Highway. 50. Contribute $102 . 00 towards the City's Master Entryway Sign Program. now 51. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) , and the City. 52 . Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. I 53 . Developer shall contribute $6, 000. 00 towards the design and construction of traffic signal at Grand Avenue and Macy Street. This development will increase traffic at the intersection at least 4% and should contribute 4% towards construction. 54 . Provide sufficient dedication along western tract boundary for Grandview right-of-way of 66 feet. 55. Grandview along tract boundary shall be improved to provide a parking lane and 2 travel lanes (32 feet) . Off-site from Half Moon Drive to Laguna Avenue, Grandview shall be improved to provide a parking lane and 2 travel lanes (32 feet) . 56. Applicant shall agree to join an assessment district .� for the cost sharing for construction of the Ortega Channel and major drainage laterals. 57 . Approval of drainage plans for this subdivision is I conditioned upon completion of the master plan drainage facility required as a condition of approval of Tentative Tract 20139, together with extension as necessary and required by the City Engineer to serve this proposed subdivision. If tract 24618 is constructed prior to completion of the Ortega Channel then, this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for j appropriate reimbursement. 58. Developer shall extend the Ortega Channel lateral in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. j 59 . All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 34 . Tentative Parcel Map 25442 - Doug Reuvers & Sharon Gibson. low A request to subdivide 3 . 20 gross acres into four (4) lots, which range in size from . 58 acres to .99 acres, for a site located west of Robertson Street and north of Shrier Drive. The site is zoned R-1 (Single-Family Residential District) . k PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 27 , 1990 Community Development Director Gunderman advised that concerns i have come to light with regard to access of surrounding properties, and recommended that it be continued for two weeks. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 13 , 1990. BUSINESS/DISCUSSION ITEMS 51. Commercial Proiect 89-8 - Krause Builders. A request for a 7,250 square foot commercial building on . 344 gross acres, located at the northeast corner of Schrivner Street and Graham Avenue. I City Planner Thornhill detailed this request and exhibited the new elevations which have been reviewed and approved by the Downtown Design Review Committee. Councilman Washburn questioned the ingress and egress for this project. Staff clarified that it would be from Schrivner Street. Councilman Washburn also questioned the exterior design and recommended heavy landscaping and window awnings for improvement. Councilman Buck advised that this had also been recommended by the Downtown Committee, however it was not shown on the latest elevations. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT NEGATIVE DECLARATION 89-53 AND APPROVE COMMERCIAL PROJECT 89-8 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. 2 . The project, as approved, complies with the Goals and Objectives of the General Plan and the Neighborhood Commercial Zoning District. 3 . This project complies with the design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Chapter 17.82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with Objectives of Chapter 17. 82 . 060 and the Planning District in which it is located. Planning Division 1. Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. j PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 2 . All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3 . These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 4 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of now utilities. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval by the Community Development Director or his designee. 8. Applicant shall comply with all requirements of the City's Grading ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9 . Applicant is to meet all applicable City Codes and Ordinances. i 10. Meet all State handicap requirements. I 11. Meet all Riverside County Health Department requirements. 12 . No outdoor storage shall be allowed for any tenant. 13 . Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 4 14 . No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire l rating. 16. Applicant is to meet all County Fire Department requirements including emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 17 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development j shall be screened so that they are not visible from PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. All roof mounted central swamp coolers shall also be screened. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 18. All exterior downspouts shall be painted to match the building. 19. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 20. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 21. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 15-gallon in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (610) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) Any transformers and mechanical or electrical equipment shall be indicated on Landscape Plan and screened as part of the Landscaping Plan. f) The Landscape Plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/ acceptance, and bond 100% for materials and labor for one (1) year. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final Landscape Plan must be consistent with approved site plan. j ) Final Landscape Plans to include planting and irrigation details. I i PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 22 . Applicant shall construct landscaped berms, not to exceed one (1) foot in height, adjacent to the parking stalls which are on either side of the driveway entrance to the parking area. This shall be reflected on Final Landscape and Grading Plans. 23 . Applicant shall provide four (4) additional "carissa grandiflora" , three (3) to be placed adjacent to parking stall 1129" in a row parallel to the street. The remaining one (1) shall be placed in the landscaped corner between the drive aisle and parking stall 111" . This shall be -- reflected on Final Landscape Plans. 24. Applicant shall annex project into a City Landscape and Lighting District. 25. All exposed slopes in excess of three feet (31 ) in height have a permanent irrigation system and erosion shall h p g Y , vegetation installed approved b the Planning control ve et Pp Y g Division. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building and shall be submitted and approved prior to issuance of building permits. No wall pack units shall be permitted. 27 . Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 28. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17 . 94 . The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 29 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water j District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. a) Pay water connection fee per Resolution No. 971.5 prior to Certificate of Occupancy issuance. b) Pay sewer connection fee per Resolution 971.5 prior to Certificate of Occupancy. c) Submit hydraulic analysis for water line and NEW facilities sizing. d) Design and construct water line along entire project frontage to EVMWD standards. e) A reduced pressure principle backflow device is PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 required after the service meter or after an irrigation meter per Resolution No. 951. f) A sewage grease interceptor and sample box is required for each building with grease interceptor/ sample box details and plot plan to be approved by EVMWD. g) Fire detector check(s) are required for all on-site fire protection facilities. Spring loaded traffic lid and concrete vaults are required. h) Develop a design plan and construct a commercial super hydrant per EVMWD standards with plan be be submitted and approved. i) All waste discharges shall be subject to EVMWD Ordinance No. 71 and industrial wastes may require pre-treatment, and/or installation of individual monitoring stations. j ) Plumbing plans for the industrial or commercial units shall be reviewed and approved by EVMWD. k) All facilities must be designed and constructed at the owner's expense (or other satisfactory financial arrangements made) and to the District's Standards. 1) Design and construct a commercial fire hydrant to replace the existing fire hydrant. The existing fire hydrant run must be abandoned at the main. m) It is questionable whether commercial fire flows can be met here or not. Coordinate with EVMWD to conduct fire flow pressure testing to see if fire flow requirements can be met. n) If fire flows cannot be met a main line extension (1211min. ) will be required. A supporting hydraulic analysis for the area must also be submitted for review and approval to support the main line extension. o) The EVMWD anticipates providing sanitary sewer service for the above referenced property based upon the completion of the 1 mgd expansion of the Regional Waste Water Reclamation Plant. It is estimated that an additional 1 mgd sewage treatment capacity will be available by July 1990. EVMWD has also programmed additional expansion of the treatment plat by currently preparing an E.I.R. for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property at such time as applications for sewer service to the property are accepted or approved. p) The District reserves the right to, at any time, revise or update the conditions for this project. All projects have a one (1) year expiration date and thereafter are subject for reconditioning. 30. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 31. Painted arrows on the asphalt shall be located at all internal one-way drives aisles. i I PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 32 . On-site surface drainage shall not cross sidewalks. 33 . Any additional required dedications for public right-of-way shall be provided for on site plan. 34 . Applicant shall create two (2) standard parking stalls out of stalls labeled "1" and 112" on building site plan. This shall be reflected on final site plan. 35. Trailers utilized during construction shall be approved by Planning Division. 36. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Conditions 37 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 38 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 39. Dedicate a 2 .5 foot wide strip of additional right-of-way along the northerly property line to the City for the alley prior to issuance of building permit. 40. Dedicate a 10 ' foot mide strip of additional street right-of-way along the southerly property line along Graham Avenue to the City prior to issuance of building WNW permit. 41. Dedicate additional right-of-way for standard corner cutback for the future curb return at the westerly corner of the lot. 42 . Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 43 . Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Municipal Code 16.20) . 44 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 45. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 46. Construct all off-site public works improvements per Now approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 47 . Street and alley improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 be designed and constructed to Riverside County Road Department standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 48. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 49. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 50. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" X 11" myiar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 51. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 52 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 53 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 54 . All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 55. Applicant shall contribute thirty-four dollars ($34 . 00) towards the City Master Entryway Sign Program. 56. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer. 52 . Ordinance No. 883 - Firearm Discharge. City Attorney Harper advised that he would suggest Council review section 9.88. 030 of the proposed Ordinance prior to adoption. Councilman Buck commented that he feels this will addressed the recent concerns. Council concurred. MOVED BY WASHBURN, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 883 : ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING MUNICIPAL CODE SECTION 9 .88. 010 RELATING TO THE DISCHARGE OF FIREARMS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 53 . Second Reading = Ordinance No. 882 . Relating to Uniform Codes MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 882 : ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBERS 799, 797, 798, 795, 796, 800, 794, AND 802 ; AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERETO: UNIFORM BUILDING CODE, 1988 EDITION; UNIFORM HOUSING CODE, 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION; UNIFORM PLUMBING CODE, 1988 EDITION; UNIFORM MECHANICAL CODE, 1988 EDITION; UNIFORM FIRE CODE, 1988 EDITION; NATIONAL ELECTRICAL CODE, 1987 EDITION; AND THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the new play equipment at City Park had been installed; Main Street landscaping should be complete next week; Yarborough Park Restrooms are complete and the athletic lighting at Lakepoint Park is on schedule for completion by March 31, 1990. CITY COUNCIL COMMENTS Councilman Dominguez advised that the blacktop area at City Park is in need of slurry sealing. He also advised that the old railroad-right-of-way area is catching and holding stagnant water and requested that staff alleviate this problem. Councilman Washburn announced that Railroad Canyon Road closure will begin with a soft-closure on March 5, 1990 and a full-closure on March 26, 1990 and a projected reopening on October 1, 1990. He also advised that he and Councilman Buck would be meeting with various groups to explain the improvements and the time frames involved. Councilman Buck detailed the alternate routes to be utilized during the road closure. Mayor Winkler requested a joint study session with the Public Safety Committee and the Consultant. He also thanked Captain Reynolds for his assistance in resolving the concerns expressed by residents at the last Council Meeting. CLOSED SESSION None. PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURN 0 AT Ot. 01 P.M. IMWINKLER MAYOJ ,CITY OF LAKE ELSINORE AT EST: i. C KASA , CLERK CITY OF -LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 13 , 1990 i f` STUDENT GOVERNMENT DAY REPORT The Regular City Council Meeting was called to order by Student Mayor Chuck Whitehead at 7: 00 p.m. Student Mayor Whitehead and Student Councilmembers discussed City-wide clean up issues generated by their discussions earlier in the day. Student City Clerk Michelle McCoy reported on the Student Government Day Activities. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7: 10 p.m. Mayor Winkler thanked the students for their interest and participation in Student Government Day. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS A. Richard Grushen, 1110 Cleveland Court, expressed concern with recent drug and crime problems and commented on problems which had been alleviated in his neighborhood. He suggested a program to inform residents of arrests, etc. , which resolve known problems in the Community. He also suggested a crime task force to further work to alleviate local problems. B. George Alongi, 649 Mill Street, expressed concern with the City' s existing political sign ordinance and suggested that if daily/ongoing enforcement could not be done, the ordinance is ineffective. Mayor Winkler advised Mr. Bishop that Item #31 is a public hearing and requested that he speak at that time. PRESENTATIONS/CEREMONIALS A. Proclamation - R.O.T.C. Mayor Winkler called the R.O.T.C. representatives to the podium for presentation and commented on their assistance during the rededication and open house for City Hall. He read the Proclamation and presented a photograph from the ceremony to the representatives. PAGE TWO - CITY COUNCIL MINUTES - MARCH 13 , 1990 Sargeant Davis accepted the presentations on behalf of R.O.T.C. and thanked Council for this recognition. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: + Item No. 13 . MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Mod 1. The following Minutes were approved: i a. February 27, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. February 21, 1990 - Planning Commission Meeting. , 2 . Received and ordered filed the Building Activity Report for February, 1990. 3 . Received and ordered filed the Code Enforcement Activity { Report for February, 1990. 4. Received and ordered filed the Structure Abatement Activity Report for February, 1990. 5. Received and ordered filed the Investment Report for February, 1990. 6. Ratified Warrant List for February 28, 1990. 7 . Rejected Application to submit Late Claim received on behalf ' of Ann Valles/Robert Dillon (CL # 90-5) . mow 8. Adopted Resolution No. 90-10 Establishing a Disadvantaged Business Enterprise (DBE) Program. RESOLUTION NO. 90-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND APPOINTING A DBE LIAISON OFFICER AND 4 ESTABLISHING DBE GOALS. 9. Approved Formation of New Riverside County Solid Waste 1 Management Advisory Council. 10. Accepted Notice of Completion for the Lake Community Center i Interior Renovation Project. 11. Accepted Notice of Completion for the Machado Street Widening II Project (32172 Machado) . i 12 . Accepted Notice of Completion for the Machado Street Landscaping Project. i 14. Accepted Grant Deeds for the Purpose of Street Right-of-Way Dedications at 780 & 790 Acacia from Tony C. & Catherine J. Schiavone. 15. Approved Final Tract Maps 24138, 24139 and 24215 - North of Grand Avenue, West of Corydon between Ontario Way and Skylark ! Drive. 16. Accepted Quitclaim Deeds for Water Rights at 780 & 790 Acacia 1 i PAGE THREE - CITY COUNCIL MINUTES - MARCH 13, 1990 and Industrial Project 89-9 from Tony C. & Catherine J. Schiavone and David G., & Bonnie L. Archer respectively. 17. Approved Public Hearing date of March 27, 1990 for the following: a. Zone Code Amendment 89-3 - City of Lake Elsinore at the Request of Deleo Clay Tile. A request to amend the Parking Ordinance, Chapter 17. 66. 030.0 of the Lake Elsinore Municipal Code, to allow flexibility and/or reduce parking requirements for single manufacturing enterprises. This amendment will affect parking requirements for all future industrial/manufacturing development applications. b. Zone Change 90-1 - Macleod Development Company. A request to change the zoning from C-1 (PUD) and R-3 (PUD) (Neighborhood Commercial-Planned Unit Development Overlay and High Density Residential District-Planned Unit Development) to R-1 (Single-Family Residential District - Hillside Planned Development Overlay for a 46 gross acre site. The proposal is to bring the zoning into conformance with the General Plan designation, which is required under State Law, Government Code Section 65860. The proposed Zone Change is related to, and on the same site as approved Tract 19358 and Residential Project 89-11. The above site is located south of Grand Avenue, 865 feet east of Ortega Highway and 1, 065 feet west of Blanche Drive. c. Tentative Tract Map 24490 - Jones & Tomich. A request to subdivide 7. 6 net acres into 35 R-1 (Single Family Residential District) lots. The project is located approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michigan Street. d. General Plan Amendment 89-9 ; Zone Change 89-10; Variance 90-1; Tentative Parcel Map 25106 and Commercial Project 89-6 - Tomislav Gabric & Associates. The proposed project consists of approximately seven (7) acres of land lying on the south side of Parkway Avenue, north side of Lakeshore Drive, west side of 6th Avenue and east side of 7th Avenue. e. General Plan Amendment 89-10 and Zone Change 89-14 - TMP Investments. A request to amend the General Plan Land Use Map to include the site designation of Low Density Residential (0-6.9 d.u./acre) ; to consider the pre-zoning of the site to Low Density Residential. The project consists of 36.79 acres of land, lying south of Scenic Crest Drive, west of Greenwald Avenue, north of the current City boundary. f. General Plan Amendment 89-15 and Zone Change 89-17 - Brookstone Development, Inc. A proposal for a General Plan Amendment to designate 15. 29 acres on the northeast corner of Silver and Flint Streets as limited Industrial Land Use, from Environmental Sensitive; to consider a Zone Change request from R-1 to M-1. g. General Plan Amendment 90-1 and Zone Change 90-2 = PAGE FOUR - CITY COUNCIL MINUTES - MARCH 13, 1990 { Hunsaker & Associates. A request to amend the General Plan Land Use Map from Neighborhood Commercial to High Density Residential; to consider a Zone Change request from C-1 (Neighborhood Commercial and C-P (Commercial Park) to R-3 (High Density Residential) , on a 6.042 acre parcel. h. General Plan Amendment 90-2 _ Jones/Tomich. A request to amend the General Plan designation from Floodplain/Floodway to Low Density Residential, for a 7. 6 net acre site, located approximately 1, 500 feet west of Oman Shirley Drive, south of Washington Avenue, east of Michigan Street. The proposal is related to Tentative Tract Map 24490, a proposal to create 35 R-1 (Low Density Residential) lots. i. Recovery of Costs - Demolition of Structure at 29310 Pinnell Street. Community Development Director Gunderman requested the addition of one item for public hearing on March 27, 1990, relating to the Ramsgate Specific Plan. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADD THIS ITEM TO THE AGENDA. j . Ramsgate Specific Plan - Set for public hearing on March 27, 1990. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THIS ITEM FOR PUBLIC HEARING AS RECOMMENDED. ITEMS PULLED FROM THE CONSENT CALENDAR 13 . Acceptance of Hold Harmless Agreement - 16900 Wells Avenue. Councilman Buck recommended that this agreement be recorded to guarantee that it follows the title to the property. City Attorney Harper clarified that this item would be recorded following approval. i MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE HOLD HARMLESS AGREEMENT FOR 16900 WELLS AVENUE AND AUTHORIZE THE CITY CLERK TO HAVE THE DOCUMENT RECORDED. PUBLIC HEARINGS City Manager Molendyk recommended consideration of Item #34 prior to other public hearings to provide background for the Centex and Ortega Partners Developments. Council concurred. 34. Community Facilities District 88-3 - West End Assessment District. Continued from February 13, 1990. John Mandrell, representing the Keith Companies, explained the background of the proposed District beginning in approximately ` 1987 . He detailed the significant flooding, traffic circulation and lack of facility problems in the area of this District. He also detailed the facilities to be provided by this District including storm drains, street improvements, pumping stations, fire station, and parks. City Manager Molendyk clarified that the new homeowners would be paying the cost of the proposed improvements with no charge PAGE FIVE - CITY COUNCIL MINUTES - MARCH 13, 1990 to the existing residents. Special Counsel McFarlin explained the proposed resolutions which were originally presented in December of 1989 . He advised that the Resolutions would set in motion the proceedings for a special election on June 13, 1990. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:42 asking those in favor of Community Facilities District 88-3 to speak. The following person spoke: Martin Frazier, 15910 Notnil Street, supported the proposed district citing the need for flood control mitigation measures and park facilities. He thanked the Council for requiring these important infrastructure improvements. Mayor Winkler asked those in opposition to speak. Hearing no one the public hearing was closed at 7:44 p.m. Councilman Washburn commented on the two year process to arrive at this point and thanked staff, the developers and the engineers for a job well done. Mayor Winkler highlighted the proposed parks and commented on park improvements throughout the City. He inquired with regard to the timing of the 4-1/2 acre park in the Centex development. The Centex representative advised that it is scheduled in the first phase of their development. Councilman Dominguez thanked the" developers for working together to address the problems. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-76: RESOLUTION NO. 89-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) , PROVIDING FOR A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 89-77: RESOLUTION NO. 89-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) , CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL. 31. Tentative Tract Man 24624 - Centex Homes. A request for approval of a Tentative Map to Subdivide 203 . 4 acres into 589 single family lots, one open space lot of 2 . 3+ acres, and one 4. 0+ acre lot for park purposes, located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Continued from February 27, 1990. PAGE SIX - CITY COUNCIL MINUTES - MARCH 13 , 1990 Community Development Director Gunderman detailed prior considerations of this item and ensuing meeting with residents to mitigate concerns. He commented on the cooperative efforts between the residents and the developer to resolve problems. i A packet of seven (7) written comments were received at the a table and Council paused to review the packet. Mayor Winkler opened the public hearing at 7:58 p.m. asking " those in favor of the project to speak. The following people spoke: Mike Allar, Centex Homes, detailed compromises that had been no worked out to satisfy the existing residents, such as positioning of single story homes, adjustment of lot grades and adjustments to lot dimensions. He also re-confirmed the timing of the 4-1/2 acre park in the first phase of development. William Bishop, 40492 Corte Lucia, Murrieta, representing the Bishop Family Trust (an adjacent property owner) , commented on the positive growth this project represents. He also commended Centex for their work with the homeowners and the City to make this a compatible project with the area. Mark Frazier, 15010 Notnil Street, supported this project and again thanked Council for the improvements being required. t John Sellars, 16510 Mountain Street, endorsed the proposed project based on the work with the developer and City Staff. He requested clarification for the record that there would be no access allowed to this tract via Mountain Street. Community Development Director Gunderman confirmed that an alternate design will be worked out to prohibit access via Mountain Street. � I Mayor Winkler asked those in opposition to speak. No one spoke. He asked anyone else interested in the project to speak. The following person spoke: Robin Johnson, 15018 Vista View, requested that staff read the Conditions for the residents' information. Community Development Director Gunderman read the added Conditions. Mr. j Johnson thanked the Council and staff for taking the time to work out the concerns with the developer. He commented that views are still a concern to him. Mayor Winkler closed the public hearing at 8: 14 p.m. Mayor Winkler questioned the issue of Mountain Street. Community Development Director Gunderman advised that following review this would be brought back for future action. Councilman Dominguez requested that Condition #50 require I� signage of the recreational trail. Staff was directed to handle this issue. Councilman Washburn commented that he was glad to see the { requirement of Xeriscape in Condition #7 and agreed with Condition #16. He requested inclusion of a condition relating to digitized maps. Mayor Winkler thanked all parties for their work on this project. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RE-AFFIRM ENVIRONMENTAL IMPACT REPORT 88-2 AND APPROVE TENTATIVE TRACT MAP 24624 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, TO INCLUDE A i PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 CONDITION RELATING TO DIGITIZED MAPS. ALSO INCLUDED IN THE MOTION WAS THE REQUIREMENT TO ELIMINATE ACCESS TO THIS TRACT VIA MOUNTAIN STREET. Findings 1. The Tentative Tract Map complies with Goals, Policies and Objectives of the City's General Plan and Zoning Ordinance. 2 . The project, as conditioned, complies with the City' s Subdivision Standards and the State Subdivision Map Act. 3 . Environmental Impact Report No. 88-2 previously certified by the City Council, has satisfactorily addressed anticipated environmental impacts of this Tentative Tract Map. 4. The project, as conditioned, will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. 5. The proposed Tentative Tract Map, as conditioned, includes a number of public benefits, including drainage and flood control improvements, a public park site, an open space dedication, a bike trail and transportation and circulation improvements. Planning Division Conditions 1. Tentative Tract Map 25624 will expire two (2) years after City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 2 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 3 . Subdivider shall records CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground mounted base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 4. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 5. A combination of walls and/or fences shall be constructed generally around the perimeter of the subdivision and also constructed adjacent to Grand Avenue, "I" Street and adjacent to the McVicker Canyon Flood Control Channel (Lot "A") . Precise design, materials, color and wall/fence location shall be determined through the Minor Design Review process. 6. Applicant shall meet all Conditions of Approval prior J PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 13 , 1990 to the issuance of a Certificate of Occupancy and release of utilities. 7. Applicant shall submit and receive approval of ! landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees ; and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. At least one (1) model home to include a Xeriscape landscaping theme. 8. Signage for this subdivision shall require City Permits. 9. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 10. Street names within the subdivision shall be approved by the Planning Division. 11. Prior to issuance of building permits, subdivider shall provide assurances that all required fees have I been paid to the Lake Elsinore Unified School District. i 12 . Comply with all conditions of the Elsinore Valley Municipal Water District. 13 . Prior to approval of a Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 14. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 15. Comply with all conditions of the Riverside County Fire Department. 16. Comply with applicable environmental mitigation measures contained in Environmental Impact Report 88-2 . a) Architectural standards shall be implemented at Minor Design Review to minimize interior noise + intrusion and to provide exterior noise-sheltered environments. b) The proposed project shall be consistent with all applicable criteria outlined in the City' s General Plan, the grading standards identified in Ordinance No. 801, grading ordinance and Ordinance No. 722 , Hillside Planned Development Overlay District. c) The subdivision grading plan shall preserve the oak grove area identified on Figure 33 of EIR 88-2 (Sensitive Species and Communities) . d) Native plant material shall be used for re-landscaping of cut and fill slopes. Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permits. e) The fresh water willow pond located on the southern corner of the proposed park shall be set i PAGE NINE - CITY COUNCIL MINUTES - MARCH 13, 1990 aside and protected from intrusion from the local mining operation. A single coast live oak overlooking the pond shall also be preserved if possible, if not replace at a ratio of 10:1 with two year growth trees, 20: 1 at one year and 30: 1 if less than one year mature. f) All structures shall be setback a minimum of 50 feet from all known active faults and will be designed in accordance with the Uniform Building Code and applicable City Codes to ensure safety in event of an earthquake. g) All grubbing and clearing in the area shown on Figure 39 of EIR 88-2 shall be monitored by a qualified archaeologist. If cultural material is encountered, the archaeologist will have the power to halt grubbing and clearing so that the material can be evaluated. If the material constitutes a site, a test program will be implemented to determine subsurface boundaries, depth and content. Depending on the results of the test, a data recovery program may be necessary. h) Should a City-wide or area-wide fee program be adopted by the City for increase in police services, this project shall be required to participate along with adjacent projects. 17. Interim and permanent erosion control measures are required. Applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 18. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Community Services Department Conditions 19. The City will accept Parcel "C" consisting of approximately four (4) plus acres as a park site. 20. The developer will receive credits against park-in-lieu fees for the park dedication with the balance of the fees being used for park development as a turn-key (developed) park. 21. The City will accept the up-slopes on Grand Avenue with the Landscape Maintenance District. No other areas outside of the road right-of-way will be accepted. Engineering Department Conditions 22 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 23 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 24. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution i PAGE TEN - CITY COUNCIL MINUTES - MARCH 13, 1990 No. 85-26) . 25. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. i 26.. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore sum Municipal Code 16. 34) . 27 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 28. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. , 83-78) . 29. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 30. "I" Street from Grand Avenue to northerly tract boundary shall have a 80 foot right-of-way with 64 foot curb-to-curb, a landscaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway ... shall have a 6 foot sidewalk from Grand Avenue to the first street north of "I-I" Court. 31. Broadway from Grand Avenue to ""F" Street shall have 66 foot right-of-way with 48 foot curb-to-curb. 32 . All local streets shall have 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of-way with 36 foot curb-to-curb and a 3 foot utility easement on each side. 33 . No single-family lots shall have ingress or egress to collector streets or higher volume traffic streets. 34. "I" Street from Grand Avenue to "F" Court shall have 80 foot right-of-way and 64 foot curb-to-curb. DELETED. 35. If the West Elsinore Assessment District improvements have not been installed which will be needed for this tract, then this developer will be required to construct the infrastructure for circulation, utilities and flood protection as required by the City •.� Engineer and Riverside County Flood Control District. 36. Dedicate sufficient land along Audelo for a 66 foot right-of-way and provide improvements for one parking lane and two travel lanes (30 feet) . 37. Provide fire protection facilities as required in PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 13, 1990 writing by Riverside County Fire Department. 38 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 39. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. Contribute $1,480 towards the City's Master Entryway Sign Program. 41. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation and maintenance for the West Elsinore Infrastructure Improvement District. No Certificate of Occupancy will be issued for lots sold until the West Elsinore Improvement District has been formed. 42 . Applicant shall obtain all necessary easements for off-site grading from the adjacent property owners prior to final map approval. ` 43 . Applicant shall enter into an agreement with the City for construction of public works improvements and post appropriate bonds. 44. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 45. All major drainage facilities in this tract shall be constructed to Riverside County Flood Control District standard and agreement entered into with the District for construction, ownership and maintenance. 46. Developer shall meet all conditions of Riverside County Flood Control District for development of this site. 47. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 48. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and be approved by the City Engineer. 49 . Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provide and recorded with the final map. 50. All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission. 51. City to draft a reimbursement agreement for the oversizing of "I" Street. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 13, 1990 52 . Mango Street shall be constructed as indicated on the approved Exhibit. However, until the construction of "I" Street through the project to Robb Road is completed, Mango Street shall be barricaded at the project boundary to prohibit access to non-emergency vehicular traffic. Said barricade shall be of a crash gate design acceptable to the Sheriff and Fire Department. The design shall provide for passage of bicycles and pedestrians. Developer shall provide potential buyers with notice prior to close of escrow as to the future opening of Mango. 53 . Prior to issuance of grading permits, the applicant now shall reach an agreement with the affected property owners of the lots on adjacent Tract 18719-2 relative to the filling in of the drainage swale and the removal of the existing concrete channel. Said agreement shall identify specific tasks for which the developer is responsible for accomplishing, including timing of work and cost arrangements. In the event that the property owners and the applicant cannot reach agreement, the matter shall be referred back to the City Council for resolution. 54. A six foot block wall or combination block wall and wrought iron fence shall be constructed along the perimeter property lines of the parcel map boundary. j 55. Lots 411-421 shall be limited to single-story in height. Lots 376, 372, 373, 433 , 435, 437, 439, 441, i 443, and 445 will also be single-story. 56. In the event that the School District determines that the proposed on-site school site is not desirable, i then the developer shall be permitted to construct the area designated for the school as single-family lots in accordance with alternate "A" dated February 22, 1990. A revised final map shall be submitted low indicating same for final approval. 57. Applicant shall install a City approved sign limiting commercial truck traffic (to a maximum weight of five (5) tons along proposed "I" Street. 58. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. I 32 . Tentative Tract Man 23988 - Ortega Partners. A request of California Communities for approval of a Tentative Map to subdivide 72 .48 acres into 259 single-family lots, located northwesterly of Machado Street at the terminus of Lincoln Street. Continued from February 27, 1990. Community Development Director Gunderman detailed prior discussions with the developer, residents and staff and explained that the new map reflects an minimum lot size of 7,200 square feet; and buffer lots of no less than 1/2 acre in size. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 8: 26 p.m. asking those in favor of Tentative Tract Map 23988 to speak. The following person spoke: Jeff Kenyon, California Communities, representing the PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 applicant, further discuss prior meetings with the residents and detailed the modifications which have been proposed. He advised that even with the modifications, the 25 foot recreational trail will remain as originally proposed. He thanked staff for their assistance in mitigating concerns. Mayor Winkler asked those in opposition to speak. The following people spoke: Scott Josefson, 15070 Alvarado, expressed ongoing concern with the number of housing units proposed, traffic circulation and the need for traffic signals. He suggested increased cooperation and consideration between the City and the County. Lynn Josefson, 15070 Alvarado, further expressed concern with the proposed density and the number of buffer lots. She thanked Council for its prior continuance of this item. Betty Paloski, 15750 Alvarado, expressed concern with the traffic running adjacent to the riding trail, and construction i traffic through the neighborhood. She requested that the construction traffic be required to use Lincoln Street. She advised that while she is still not in favor of the tract, she wished to thank Council for their work to resolve concerns. Al Baker, 30580 Coplasa, expressed ongoing concern with traffic circulation and recommended the placement of Stop Signs at key intersections. He commended Mr. Kenyon for working with the residents to mitigate concerns and advised that he is not opposed to the development, but he is still concerned about traffic. Dan Grimes, 15371 Alvarado, supported Scott Josefson's opinion. Rita Wilsey, 15015 Lincoln, commented on discussions which have taken place with adjoining property owners and agreements which have been made with regard to fencing to shield other homeowners. She advised that discussions are continuing to resolve her concerns and thanked Council for their input. Mr. Kenyon advised that he is still working with Mr. Baker on Stop Signs and with the Wilsey's on fencing and buffer zones. Mayor Winkler closed the public hearing at 8: 55 p.m. City Manager Molendyk advised that staff is now comfortable with the proposed plan. He further advised that staff will continue to work with the County Road Commissioner to mitigate traffic circulation concerns. Mayor Winkler inquired whether signalization of Lincoln/Machado was being considered. City Manager Molendyk advised that fees would be collected in this area and once appropriate locations are determined the signals would be placed. Councilman Buck advised that he is pleased with the Centex and Ortega Partners projects and that the best possible plan has been reached. Council commended residents, the developer and staff for working to reach the best possible project. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM E.I.R. 88-2 AND APPROVE TENTATIVE TRACT MAP 23988 BASED ON THE FINDINGS AND CONDITIONS AS FOLLOW WITH THE INCLUSION PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 OF CONDITION #49 DESIGNATING LOTS 258 AND 259 AS SINGLE STORY LOTS; AND AMENDMENT OF CONDITION #48 TO INCLUDE "WORK WITH COUNTY FOR TRAFFIC CONTROL MEASURES". Findings 1. The Tentative Tract complies with the Goals, Policies and Objectives of the General Plan and R-1 zoning standards. 2 . The project, as conditioned, complies with the City's subdivision standards and State Subdivision Map Act. 3 . The project, as conditioned will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. Planning Division Conditions 1. Tentative Tract Map 23988 is approved subject to the approval of General Plan Amendment 89-5, Pre-Zone 89-5 and Annexation No. 47. 2 . Tentative Tract Map 23988 shall expire two (2) years after City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 3 . A precise survey with closures for boundaries and all lots shall be provided," per City Ordinance. i 4. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 5. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor ! Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. i 6. A combination of walls and/or fences shall be constructed around the perimeter of the subdivision and adjacent to the McVicker Canyon Flood Control Channel. Precise design, materials and location to be determined through Minor Design Review process. 7. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 8 . Prior to issuance of any grading permit or building WXW permit, subdivider shall sign and complete an ! "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 9 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. 10. Signage for this subdivision shall require City . permits. 11. All trailers used during construction, mailboxes and signage shall be subject to Planning Department review and approval prior to installation. 12 . Street names within the subdivision shall be approved by the Planning Department. 13 . Prior to issuance of building permits, subdivider shall provide assurance that all required fees have been paid to the Lake Elsinore Unified School District. 14. Comply with all conditions of the Elsinore Valley Municipal Water District. I 15. Prior to approval of a Final Tract Map by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 zoning district. 16. On the final grading plan, the subdivider shall indicate that single-family dwelling units can be sited on lots 35, 36, 37, 38, 100, and 101 without the need for a variance. 17 . The subdivider shall work with the City of Lake Elsinore Planning Division, Engineering Division and Community Services Department to secure Riverside County Flood Control District approval for use of the McVicker Canyon Flood Control Channel as a public trail. 18. Subdivider shall provide a 25 foot multi-purpose recreation trail identified as Lots "C" . "D" and "E" . Design and improvements, subject to the approval of the Community Services Director, shall include: a. Proper grading for drainage. b. Finish grade to be hydroseeded with low maintenance natural vegetation to prevent erosion. c. Trail to be improved to 5 foot wide with a D/G Surface, consistent with City General Plan, as amended December 10, 1985. d. The dedicated parcels, Lots "C", "D" and "E", will be incorporated with the City' s Lighting and Landscape Maintenance District. e. Easements for trail access need to be provided adjacent to Lot "A" from Lot "E" to Terra Cotta Street along property boundaries of Lots 41 and 255. This condition to sunset if flood control easement is approved by Flood Control District for public trail usage. PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 13, 1990 19. Applicant for annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 20. Comply with all conditions of the Riverside County Fire Department. 21. Comply with applicable environmental mitigation measures contained in EIR 88-2, including: a. Architectural standards shall be implemented to utilize building materials and site designs that minimize interior noise intrusion and provide exterior noise-sheltered environments. i b. The proposed project shall be consistent with all applicable criteria outlined in the General Plan, grading standards identified in Ordinance 772 . c. Grading plans shall preserve significant vegetation stands. d. Use native plant material for re-landscaping. e. Prior to issuance of grading permits, soil sampling and testing shall be conducted on any agricultural portions of the site to test for residues of pesticides, herbicides and/or fungicides. f. Should a City-wide or area-wide fee program be adopted by the City for increase in police services, this project should be required to participate along with other developments. Engineering Department Conditions Now •22 . All Public Works requirements shall be complied with as a conditions of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 23 . Dedicate underground water rights tot he City (Municipal Code, Title 16, Chapter 16. 52 . 030, if i owned by applicant or landowner. Document can be obtained from the Engineering Department. 24. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34, Resolution No. 85-26) . 25. Submit a "Will-serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have be en made for this project. Submit this letter prior to final map approval. 26. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16. 34) . 27. Street improvement plans and specifications shall be prepared by a civil engineer. Improvements shall be designed and constructed by Riverside County Road Standards, latest edition, and City Codes (Lake PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 Elsinore Municipal Code 12 . 04 and 16. 34) . 28 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 29 . All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 30. Provide fire protection facilities as required in writing by Riverside County Fire protection. 31. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 32. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 33 . Contribute $708.00 towards the City' s Master Entryway Sign Program. 34. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation and maintenance for the West Elsinore Infrastructure Improvement District. No Certificate of Occupancy will be issued for lots sold until the West Elsinore Improvement District has been formed. As a participant in the West Lake Elsinore Infrastructure Improvement District, it is understood that a Development Agreement and a Funding/Acquisition Agreement is being drafted and should be executed by the City and property owner prior to the property owner vote that approves the special taxes to be levied by the District. 35. Applicant shall obtain all necessary easements for off-site grading from the adjacent property owners prior to final map approval. 36. Applicant shall enter into an agreement with the City for construction of public works improvements and post appropriate bonds. 37 . Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 38. All major drainage facilities in this tract shall be constructed to Riverside County Flood Control District standard and agreement entered into with the District for construction, ownership and maintenance. 39. Developer shall meet all conditions of Riverside County Flood Control District for development of this site. 40. All easements on the map shall be approved by the City Engineer. PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 41. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 42 . No lot shall ingress and egress to Lincoln Street. 43 . Lincoln Street off-site shall be improved to provide 2 lanes of travel (25 foot curb-to-curb) from existing improvements to easterly tract boundary. i 44. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and be approved by Riverside County Flood Control District. 45. Streets "E", "I", "J" and "L" shall have 40 feet width curb-to-curb. 46. Provide a crossing at McVicker Canyon Channel for the pedestrian/recreation trail. 47. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 48. Install stop sign on Timey Street at Coplasa Street prior to first Certificate of Occupancy, and work with County for traffic control measures. j 49. Lots 258 and 259 shall be designated at Single Story Lots. 33 . Tentative Tract Map 25442 = Doug Reuvers & Sharon Gibson. A request to subdivide 3 .20 gross acres into four (4) lots, which range in size from .58 acres to .99 acres, for a site located west of Robertson Street and north of Shrier Drive. The site is zoned R-1 (Single-Family Residential District) . , Continued from February 27, 1990. Community Development Director Gunderman recommended j continuance of this item to March 27, 1990. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE i TO CONTINUE THIS ITEM TO MARCH 27, 1990. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 12 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:20 P.M. BUSINESS/DISCUSSION ITEMS 51. Commercial Project 89-9 = Pinnacle/Lakeshore A3 . A request to construct a commercial center consisting of three (3) buildings totaling 28,770 square feet, located approximately 1,200 feet east of Main Street, north of Lakeshore Drive. i Associate Planner Restivo detailed the proposed project. r Stan Dotts, 5176 Crystal Drive, San Diego, representing the applicant advised that they are in agreement with the proposed conditions of approval. Councilman Washburn questioned the proposed use of the two story area. Mr. Dotts advised that this area would be for office uses. PAGE NINETEEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 Councilman Washburn requested that landscaping with 24" box trees be required. He questioned the bus shelter/stop and whether a lane for pulling off the road will be included. Associate Planner Restivo advised that this had not been addressed. The applicant advised that there are site constraints which might limit such a requirement. Councilman Washburn inquired whether such a condition should be included. Community Development Director Gunderman suggested that this matter be reviewed by the Traffic Engineer. Councilman Starkey advised that he felt the project looked good and looked forward to the work proceeding. City Manager Molendyk supported the request for a Traffic Engineer's report with regard to the bus stop and potential right turn/left turn lanes. The applicant advised that Planning Commission had suggested consideration of the development on the opposite side of the street concurrently. Councilman Buck questioned the time frame for development. The applicant advised that infrastructure improvements will probably begin in May of this year. Councilman Washburn recommended reciprocal agreements with adjacent property owners for ingress/egress to reduce the potential number of cuts on Lakeshore Drive. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCK ABSTAINING TO ADOPT NEGATIVE DECLARATION 89-55 AND APPROVE COMMERCIAL PROJECT 89-9 BASED ON THE FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH CONDITION #61 CHANGED TO READ "TRAFFIC ENGINEER" ; CONDITION #25.B. CHANGED TO 24" BOX TREES; AND ADDED CONDITION #63 "SHALL PROVIDE RECIPROCAL INGRESS/EGRESS TO ADJACENT PROJECTS" . Findings 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2 . No environmental impacts are anticipated as a result of this project. 3 . If the attached conditions are met, this project will meet the design directives of Chapters 17 .44, 17. 38, 17.82 of the Lake Elsinore Municipal Code. Planning Division Conditions 1. Design Review Approval for Commercial Project 89-9 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2 . Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of approval shall be fully implemented within the project design in all phases and/or PAGE TWENTY - CITY COUNCIL MINUTES - MARCH 13, 1990 adhered to strictly. 4. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. . All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. i 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director I of his designee. 8. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by j the applicant prior to Building Division issuance of permits which reflects all conditions of approval. j These revised plans shall become the approved plans j only upon the review and approval by the Community Development Director or his designee. ' 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. Applicant shall comply with all requirements of the City's grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance 1 with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 12 . Applicant is to meet all applicable City Codes and I Ordinances. 13 . Meet all State handicap requirements. i 14. Meet all Riverside County Health Department requirements. 15. No outdoor storage shall be allowed for any tenant. { 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 17. No roof ladders shall be permitted. 18 . Applicant shall use roofing materials with Class "A" fire rating. i PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MARCH 13 , 1990 19. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire sprinklers where required, and any additional requirements requested by the Fire Safety Specialist in the February 13 , 1990 conditions letter. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 20. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in the buildign plans. 21. All exterior downspouts shall be painted to match the building. 22 . Any proposed metal mailboxes shall be treated to blend with the center' s design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director i or his designee. I, 23 . Brick pavers shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 24 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 25. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24 " box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MARCH 13 , 1990 screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j ) Final landscape plan must be consistent with approved site plan. + k) Landscaping shall be required to screen all loading areas. 1) Final landscape plans to include planting and irrigation details. I m) All slopes created by any grading shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 26. All exterior on-site lighting shall be shielded and j directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the ' architecture of the building. No wall pack units j shall be permitted. 27. All signage shall be by City Permit. r j 28 . The applicant shall develop a Master Signage Program for the Center which specifies harmonious and consistent colors, materials and specifications which j will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter I 17.94. The Master Signage Program shall be reviewed I and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit j and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each { sign. 29. The project shall connect to sewer and meet all j requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to EVMWD and shall incorporate all district conditions and standards as stated in the January 18, 1990 "will serve letter" . 30. All loading zones shall be clearly marked with yellow 1" striping and shall meet City Standards for loading zones. This project shall be designed so that every building is provided with a 12 ' x 20 ' loading space as required by the City's Municipal Code. I 31. Trailers utilized during construction shall be approved by Planning Division. j i PAGE TWENTY-THREE - CITY COUNCIL MINUTES - MARCH 13, 1990 32 . On-site surface drainage shall not cross sidewalks. 33 . Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 34 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 35. A bus-stop shelter shall be provided on Lakeshore Drive in proximity to Golden Spectrum. Lake Point Park provided it is consistent with the traffic study or as approved by the Community Services Department or his designee. 36. DELETED. I, 37. Any additional required dedications for public right-of-way shall be provided for on site plan. 38. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. a) Provide a minimum five (5) foot wide landscape planter along the westerly property line and for all parking planter islands. b) Provide a total of three (3) trash enclosures or provide at least one double-receptacle enclosure and one single receptacle enclosure. c) Revise site plan to reflect 24 foot driveway entrances and ingress/egress locations consistent with sight distance traffic study prior to issuance of building permits. d) Changes to the grading plan which exceed an eight (8) foot hillside cut must be reviewed and approved by the Community Development Director or his designee. e) The loading area is to be completely screened from public right-of-way view and/or shall be located behind commercial building. Engineering Department Conditions 39 . All Public Works requirements shall be complied with as a conditions of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 40. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 41. Dedicate sufficient land along Lakeshore Drive frontage to provide for a 100 foot street right-of-way (R/W) and to insure future alignment of Lakeshore Drive with Limited Street and Lake Management Development. 42 . Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - MARCH 13 , 1990 43 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . 44 . Submit a will-serve letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 45. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . MEOW Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . i 46. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12. 04 and 16. 34) . 1 47 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78. i 48. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering ' Department before final inspection of off-site improvements will be scheduled and approved. i 49. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 50. Provide fire protection facilities as required in writing by Riverside County Fire Department. 51. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 52 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 53 . All natural drainage traversing site shall be conveyed through it, or shall be collected and conveyed by a method approved by the City Engineer. 54 . Submit Hydrology and hydraulic Reports of review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 55. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with. preliminary and finish grade certification/slope stability analysis. 56. Contribute $34, 700 for the design and construction of half a median on Lakeshore Drive along abutting PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - MARCH 13 , 1990 i property line. 57. Contribute $7, 000 toward the widening of the San Jacinto River Bridge at Lakeshore Drive. Development will increase traffic volume at the bridge at least 1% and should contribute 1% of the cost of the bridge. — 58. Developer shall contribute $4, 000 towards the design and construction of a traffic signal at Lakeshore and Limited. This development will increase traffic at the intersection at least 3% and should contribute 3% towards construction. 59. Contribute $500. 00 towards the City' s Master Entryway Sign Program. 60. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to building permit. 61. A traffic engineer shall verify sight distances for safety for left turn movements exiting driveways and relocate driveways if necessary or restrict to right-turns only. 62 . Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Code 16.20) . 63 . Shall provide reciprocal ingress/egress to adjacent projects. 52 . Industrial Project 90-1 - Ed Carlson. A request to construct an 8, 000 square foot industrial building on a .41 acre site, located approximately 420 feet north of Flint Street, west of Langstaff. Associate Planner Restivo detailed the proposed project. The applicant had no comment. Councilman Buck expressed concern with the location, but felt that was due to the zoning and could not limit the project. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-1, AND APPROVE INDUSTRIAL PROJECT 90-1 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2 . No environmental impacts will result from this project. 3 . If the attached conditions are met, this project will meet the design directives of Chapters 17 . 38, 17 .56, 17 . 82 and 17. 66 of the Lake Elsinore Municipal Code. Planning Division 1. Design Review Approval for Industrial Project 90-1 will lapse and be void unless building permits are issued within one (1) year from the date of City Council I approval. PAGE TWENTY-SIX - CITY COUNCIL MINUTES - MARCH 13 , 1990 2 . Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of Approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4 . These Conditions of Approval shall be attached or reproduced upon page one of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. i 7 . A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. These revised plans shall become the approved plot plan only upon the review and approval by the Community Development Director or his ' designee. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site' s rough grading, j as approved by the City Engineer. 10. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. The Grading Plan must meet the requirements of Chapter 16. 54 of the Municipal Code, Flood Damage Prevention Ordinance. 11. Applicant is to meet all applicable City Codes and Ordinances. 12 . Meet all State handicap requirements. 13 . Meet all Riverside County Health Department requirements. 14. No outdoor storage shall be allowed for any tenant. ... 15. Trash enclosures shall be constructed per City Standards , as approved by the Community Development Director. 16. No roof ladders shall be permitted. i PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - MARCH 13 , 1990 1 ' 17 . Applicant shall use roofing materials with Class "A" fire rating. 18 . The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements _. requested by the Fire Safety Specialist. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. i 20. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 21. All exterior downspouts shall be painted to match the building. i 22 . Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 23 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. b) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3619) . c) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City' s adopted Landscape Guidelines. d) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one year. g) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. h) Final landscape plan must be consistent with approved site plan. i PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - MARCH 13 , 1990 i) Evergreen trees at least thirty (30) feet on center must be planted in planter adjacent to residential usage. 24. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion g control vegetation installed, approved by the Planning Division. 25. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall park units shall be permitted. ' 26. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the ' approval of the community Development Director or his designee. 27. All signage shall be by City permit. 28 . the project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 29. Parking stalls shall be double-striped with four-inch (411) lines two feet (21 ) apart. 30. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. i 31. A six-foot (61 ) high masonry wall shall be constructed along the southerly property lines and shall conform to Section 17.14 . 080 (Fences and Walls) , subject to the -approval of the Community Development Director. j 32 . Trailers utilized during construction shall be approved by Planning Division. 33 . On-site surface drainage shall not cross sidewalks. 34 . Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. a) the front elevation windows of the "open work shop area" shall be lengthened and consolidated to provide for a larger window expanse similar to the architecture of the rest of the building. This can be done through plant-ons or pane windows. I b) The trash enclosure shall be located as per Exhibit 1. The trash enclosure shall be so located to allow truck maneuverability in the loading area. c) The front yard building and parking setback shall average twenty (20) feet but not be less than fifteen (151 ) feet. Engineering Department: 35. All Public Works requirements shall be complied with as a PAGE TWENTY-NINE - CITY COUNCIL MINUTES - MARCH 13, 1990 condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 36. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 37. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Municipal Code 16.20) . 38. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 39. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 40. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 41. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16. 34) . 42 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78) . 43 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" X 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 44 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 46. Post required Labor and Material Bond and Performance Bond for Public Work Improvements off-site. 47. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permits. 48. Contribute $41. 00 towards the City's Master entryway Sign Program. 49 . Provide fire protection facilities as required in writing by Riverside County Fire protection. BUSINESS ITEMS 53 . Northwest Sewer Project - Assessment District 86-1. Resolution Nos. 90-11 - 90-17. i PAGE THIRTY - CITY COUNCIL MINUTES - MARCH 13, 1990 Public Services Director Kirchner highlighted the background of the proposed District. Steve Hassett, NBS Lowrey, further detailed the proposal including cost estimates, zones within the district and each of their proposed improvements Bob Owen, Brown & Diven, explained the resolutions presented for adoption and the public hearing which will follow on April 24, 1990. He recommended deletion of Resolution No. 90-17 from consideration at this time. mow MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT RESOLUTION 90-11 THROUGH 90-16 AS PRESENTED. i RESOLUTION NO. 90-11 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT. i RESOLUTION NO. 90-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT. I i RESOLUTION NO. 90-13 i A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION AND COVERING PRELIMINARY DETERMINATION TO ORDER TO CONSTRUCTION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE j COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. +ter RESOLUTION NO. 90-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, i CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. RESOLUTION NO. 90-15 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS. RESOLUTION NO. 90-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS. 54. Second Reading - Ordinance No. 883 . Relating to Discharge of Firearms. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 883 : 'ow ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE I AMENDING MUNICIPAL CODE SECTION 9.88. 010 RELATING TO THE DISCHARGE OF FIREARMS. 1 i PAGE THIRTY-ONE - CITY COUNCIL MINUTES - MARCH 13 , 1990 j UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk reminded the Council of the Joint Study Session with the Planning Commission scheduled for March 15, 1990 at 4: 00 p.m. CITY COUNCIL COMMENTS f Councilman Buck commented that he feels, with the approval of Centex, Ortega Partners and the West End Assessment District, the City has taken giant steps forward. Councilman Washburn supported Councilman Buck's comments and agreed that the Planning process works when properly applied. Councilman Starkey advised that he recently judged a speech contest in which Jason Nichol gave a superior speech and suggested that he be invited to present it at an upcoming City Council meeting. Councilman Dominguez thanked Lakeview Chapel for the plaques they recently presented to the City Council and the Employees of the City of Lake Elsinore. Mayor Winkler advised that the new Restroom facilities at Yarborough Park are now open. He thanked Mr. Gruchen for his interest in the community and his recommendations for curbing the local drug problems, and requested that Mr. Gruchen be put in touch with Tom Thomas and the Public Safety Committee. CLOSED SESSION None. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:50 P.M. 17 JIM WINKLER, YOR CITY OF LAKE ELSINORE i AT EST: 1 s I KASAD, -CIT ERK CITY OF, LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CAL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS A. Kevin Jeffries, 17666 Grand Avenue, expressed concern with the lake perimeter building moratorium and its limitations on his family's development on Serena Way. He requested that Council lift the moratorium so they can proceed with construction. B. George Alongi, 649 Mill Street, expressed concern with a letter setting a meeting with all floodplain property owners; and suggested that the City reschedule this meeting to be held locally. City Attorney Harper advised that the City is aware of the meeting and was invited, however, a similar meeting will probably be sponsored by the City, once Arvida has completed the conceptual plans. C. Chris Hyland, 15191 Wavecrest, expressed concern with the Candidate Forum being aired on Channel 3 and expressed concern that it had not been properly broadcast at the times advertised, however, she thanked King Videocable and Tom Thomas for the opportunity to participate. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled for further discussion and consideration: Item Nos. 12 and 15. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. March 13, 1990 - Regular City Council Meeting. PAGE TWO - CITY COUNCIL MINUTES - MARCH 27, 1990 The following Minutes were received and ordered filed: b. March 7, 1990 - Planning Commission Meeting. c. March 14, 1990 - Special Planning Commission Meeting. 2. Received and ordered filed the Animal Control Activity Report for February, 1990. 3 . Ratified Warrant List for March 15, 1990. 4. Approved Proclamation for National Community Development Week 190 - April 7-14, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Cherylann S. Higley. 6. Rejected and referred to Claims Administrator the Claim submitted by Ginny Charles. 7. Rejected and referred to Claims Administrator the Claim submitted by Tom Recotta. 8. Rejected and referred to Claims Administrator the Claim submitted by Remax Real Estate Services. 9. Received and ordered filed the Annual Audit Report for Period Ending June 30, 1989. 10. Approved 15th Year C.D.B.G. Reallocation of $53, 872 to the following projects: Volunteer Fire Department $ 5,750 Machado Park Renovation $49, 127 11. Adopted Resolution No. 90-18 approved the Alberhill Annexation, and authorized the City Clerk to transmit certified copies to the Local Agency Formation Commission. RESOLUTION NO. 90-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REGARDING THE LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 48 AND DETACHMENT FROM ORTEGA TRAILS RECREATION AND PARK DISTRICT. (ALBERHILL) . 13. Adopted Resolution of Intention to Vacate a Portion of Dawes Street - Abandonment 89-3 . Resolution No. 90-21. RESOLUTION NO. 90-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON. 14. Adopted Resolution of Intention to Vacate a Portion of Grape Street, Northeast of Railroad Canyon Road - Abandonment 90-1. Resolution No. 90-22 . RESOLUTION NO. 90-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON. 16. Accepted Notice of Completion for the Yarborough Park Restroom Project. PAGE THREE - CITY COUNCIL MINUTES - MARCH 27, 1990 17. Approved Public Hearing date of April 24, 1990 for the following: a. Development Agreement - Brighton Homes. A proposed development agreement with Brighton Alberhill Associates in connection with a portion of the Alberhill Ranch consisting of approximately 980 acres generally bounded by Interstate 15, Lake Street, Coal Road and Street, Coal Road and Nichols Road. The proposed Development Agreement provides for a phased, mixed use development consisting of a minimum of 2, 235 dwelling units and 2,722,500 square feet of commercial and industrial buildings, together with areas for schools, open space and recreational uses. The environmental impact report prepared for the Alberhill Ranch Specific Plan and related matters (State Clearinghouse No. 88090517) , which was previously approved by the City, is proposed to be recertified as adequate and complete with respect to the Development Agreement. b. Cottonwood Development Agreement - Pardee Construction Company. An agreement between the City of Lake Elsinore and Pardee Grossman/Cottonwood Canyon regarding the development of E property consisting of 1,968.7 acres. Said development shall include a multi phased combined residential and Commercial Specific Plan consisting of 4,275 dwelling units and 23 .2 acres of commercial development. The Environmental Impact Report previously certified by the City for the Cottonwood Specific Plan and related matters is proposed to be recertified as adequate and complete with respect to the development. ITEMS PULLED FROM CONSENT CALENDAR 12 . Traffic Control Resolutions 90-19 & 90-20 - No Parking Zones and Stop Signs. Public Services Director Kirchner detailed the specific locations proposed for "No Parking Zones" including portions of Franklin Street, Mountain Street, Gunnerson and Railroad Canyon Road; and Stop signs at Mountain/Rolando, Avenue 6/ Parkway, all cross streets of Chaney Street. Councilman Washburn questioned the no parking zone on Railroad Canyon Road. Public Services Director Kirchner advised that this zone would improve sight distances near the driveways for Burger King. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 90-19 AND 90-20. RESOLUTION NO. 90-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. RESOLUTION NO. 90-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 15. Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and Ordering Abatement Notice to be sent to property owners. Resolution No. 90-23. PAGE FOUR - CITY COUNCIL MINUTES - MARCH 27, 1990 Councilman Washburn advised that this program is being initiated and explained the need to clear weeds and debris prior to fire season. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION 90-23 . RESOLUTION NO. 90-23 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 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8. 32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. PUBLIC HEARINGS 31. General Plan Amendment 89-14 and Zone Change 89-14 - Homestead Land Development (formerly �MP Investments) . A request to amend the General Plan Land Use Map to include the site designation of Low Density Residential (0-6.9 d.u./ acre) ; to consider the pre-zoning of the site to Low Density Residential. The project consists of 36.79 acres of land, lying south of Scenic Crest Drive, west of Greenwald Avenue, north of the current City boundary. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990. 32. General Plan Amendment 90-2 & Tentative Tract Map 24490 _ Jones/Tomich. A request to amend the General Plan designation from Floodplain/Floodway to Low Density Residential, for a 7. 6 net acre site, located approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michgan Street. The proposal is related to Tentative Tract Map 24490, a proposal to create 35 R-1 (Low Density Residential) lots. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990. 33 . General Plan Amendment 89-15 and Zone Change 89-17 = Brookstone Development, Inc. A proposal for a General Plan Amendment to designate 15.29 acres on the northeast corner of Silver and Flint Streets as Limited Industrial Land Use, from Environmental Sensitive; to consider a Zone Change request from R-1 to M-1. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990. 34. General Plan Amendment 90-1 and Zone Change 90-2 = Pentagon Development/Hunsaker & Associates. A request to amend the General Plan Land Use Map from Neighborhood Commercial to High Density Residential; to consider a Zone Change request from C-1 (Neighborhood PAGE FIVE - CITY COUNCIL MINUTES - MARCH 27, 1990 Commercial and C-P (Commercial Park) to R-3 (High Density Residential) , on a 6.042 acre parcel. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990. 35. General Plan Amendment 89-9; Zone Change 89-10; Tentative _ Parcel Map 25106 and Commercial Project 89-6 = Tomislav Gabric & Associates. The proposed project consists of approximately seven (7) acres of land lying on the south side of Parkway Avenue, north side of Lakeshore Drive, west side of 6th Avenue and east side of 7th Avenue. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO APRIL 24, 1990. 36. Zone Code Amendment 89-3 = City initiated at the request of Deleo Clay Tile Co. A request to amend Section 17.66.030.6 of the Parking Ordinance to allow manufacturing enterprises a reduction in the parking requirements when there is evidence that fewer parking spaces are needed than required by the code. Approval of the reduced parking requirements would be subject to Planning Commission review based on evidence and associated findings of justification. Associate Planner Restivo explained the requested amendment. The City Council reported no written comments or protests. Mayor Winkler opened the public hearing at 7 ;20 p.m. asking those in favor of Zone Code Amendment 89-3 to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:20 p.m. Councilman Buck commented that he feels this is a positive addition to the existing Code. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 89-35, ADOPT FINDINGS LISTED BELOW AND ADOPT ORDINANCE NO. 884 APPROVING ZONE CODE AMENDMENT 89-3 . Findings 1. This proposal is consistent with the Goals, Policies and Objectives of the Land Use and Circulation elements of the General Plan. 2. This proposal will not affect the health, safety or welfare of the public. 3 . This proposal is consistent with the intent of the Parking Ordinance to provide adequate parking for all industrial land uses. ORDINANCE NO. 884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17. 56. 020, 17. 60. 020 AND SECTION 17. 66.030.0 OF CHAPTERS 56, 60 AND 66 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR APPLICATIONS FOR DISCRETIONARY REDUCTIONS PAGE SIX - CITY COUNCIL MINUTES - MARCH 27, 1990 IN MANUFACTURING DISTRICT PARKING REQUIREMENTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE mow ABSTAIN: COUNCILMEMBERS: NONE 37. Zone Change 90-1 - MacLeod Development. A request to change the zone from C-1 (PUD) , R-3 (PUD) and R-1 (HPD) (PUD) to R-1 (HPD) . The Zone Change is for 46 gross acres, Tract 19358 Revised, located 1,000 feet east of Ortega Highway and west of Sangston Drive. Associate Planner Restivo detailed this request. The City Clerk reported to written comments or protests. Mayor Winkler opened the public hearing at 7:23 p.m. , asking those in favor of Zone Change 90-1 to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:23 p.m. Councilman Washburn requested clarification of the project location. Associate Planner Restivo clarified that it borders Grand Avenue and goes into the foothills. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM THE ENVIRONMENTAL IMPACT REPORT CERTIFIED ON APRIL 9, 1989 FOR TRACT 19358 REVISED, ADOPT FINDINGS LISTED BELOW AND ADOPT ORDINANCE NO. 885 APPROVING ZONE CHANGE 90-1. Findings 1. The proposed Zone Change is consistent with the General Plan. 2 . Government Code, Section 65860 requires that zoning be consistent with the General Plan. 3 . Approval of Zone Change 90-1 is a Condition of Approval for Residential Project 89-11. 4. The HPD Overlay District will serve to remind residents of erosion and fire hazard concerns, but will not restrict regular R-1 uses on site. 5. The HPD Overlay District restricts landscaping that may constituted fire hazards. ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 34. 14 ACRES LOCATED SOUTH OF GRAND AVENUE, 1, 000 mow FEET EAST OF ORTEGA HIGHWAY AND WEST OF SANGSTON DRIVE FROM C-1 PLANNED UNIT DEVELOPMENT (PUD) , R-3 (PUD) AND R-1 HILLSIDE PLANNED DEVELOPMENT (HPD) (PUD) TO R-1 (HPD) , (MACLEOD DEVELOPMENT - ZONE CHANGE 90-1) . UPON THE FOLLOWING ROLL CALL VOTE: PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 27, 1990 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 38. Tentative Parcel Mag 25442 = Doug Reuvers & Sharon Gibson. A request to subdivide 3 .20 gross acres into four (4) lots, which range in size from .58 acres to .99 acres, for a site located west of Robertson Street and north of Shrier Drive. The site is zoned R-1 (Single-Family Residential District) . Continued from March 13, 1990. Associate Planner Restivo detailed this request and advised that the access concerns for surrounding properties have been resolved with easements. The City Clerk reported one written comment in favor of the project. Mayor Winkler opened the public hearing at 7:28 p.m. asking those in favor of Tentative Parcel Map 25442 to speak. The following people spoke: Dick Knapp, 29690 Dwan, advised that he lives directly above the project and feels it would be a productive use of the property. He suggested changes in Condition Nos. 13, 26, 39 and 43. Tom Bitney, representing the applicant, advised that he is in agreement with Mr. Knapp's suggestions and with the Conditions of Approval. Mayor Winkler asked those in opposition to speak. No one spoke. Mayor Winkler asked if anyone else would like to speak on the matter. The following person spoke: Harry Beaker, adjacent property owner, commented on previous errors in the project lot numbers. Associate Planner Restivo clarified that the map had been revised to correct the numbers. Mayor Winkler closed the public hearing at 7: 35 p.m. Councilman Buck questioned the easements in Condition #26 and what their purpose would be. Public Services Director Kirchner advised that these easements are pursuant to a resolution previously adopted which required slope easements. Councilman Washburn suggested that Condition #26 include the language ". . . . .and/or slope easements, if appropriate" . Mayor Winkler questioned whether in fact Condition #13 should be Elsinore Water District rather than Elsinore Valley Municipal Water District. Staff confirmed it should be Elsinore Water District. Mayor Winkler questioned Condition #43 and whether Shrier Street should be included. Staff confirmed it should be included. Councilman Buck questioned Condition #39 and the extent of PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 27, 1990 flood control mitigation required. Public Services Director Kirchner advised that it would be required up to the public right of way. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-49, ADOPT FINDINGS LISTED BELOW AND APPROVE TENTATIVE PARCEL MAP 25442 SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITIONS 13, 26 AND 43 AMENDED AS DISCUSSED ABOVE: Findings 1. If the attached conditions are met, the project will meet the Goals, Policies and Objectives of the General Plan. 2. The proposed subdivision meets the minimum R-1 (Single-Family Residential District) subdivision requirements of the Code. 3 . If the attached conditions are met, the proposed subdivision will meet the requirements of Title 16 Subdivision Requirements. Planning Division Conditions 1. Tentative Parcel Map 25442 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City's Noise Ordinance must be met during all site preparation activity. Building windows facing Riverside Drive must be dual glazed. 6. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 7. Pay all Capital Improvement fees in force at time of issuance of building permits. 8. Prior to final approval of Parcel Map 25442 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 9. Prior to approval of the Final Parcel Map by the City �..r Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 10. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Department. PAGE NINE - CITY COUNCIL MINUTES - MARCH 27, 1990 11. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 12. Comply with all conditions of the Riverside County Fire Department. 13 . Applicant must meet all requirements of Elsinore Water District. 14. The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. If the project does not connect to sewer, applicant shall comply with the following: a) Prior to issuance of building permits, the applicant shall submit a soils report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. b) Prior to release for occupancy, the developer shall record a notice entitled "Septic System Disclosure and Restrictions" specifying that the property is served by a septic system and that no structure or paving may be placed over the sewage disposal area or the expansion area. A copy of the approved septic system plot plan shall also be recorded along with this notice. A copy of this recorded notice shall be provided to the City for verification. c) An acknowledgment of receipt of this notice by the expected occupant of the property shall also be submitted to the City. 15. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 16. Meet all requirements of Southern California Edison Company. 17. Meet all requirements of Southern California Gas Company. 18. Meet all requirements of General Telephone. 19. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval by the Community Development Director or his designee. 20. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening of any ground base disk from public right-of-way and adjacent properties and the prohibition of roof mounted or front yard disk. CC & R's shall be subject to the approval of the Community Development Director, or his designee, PAGE TEN - CITY COUNCIL MINUTES - MARCH 27, 1990 prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 21. Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval -•-+ of the Chief Building Official and Planning Division. Interim erosion control measures are required after 30 days of rough grading. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. A permanent erosion control landscaping plan will be required prior to issuance of building permits. Building pads can be located in areas of slopes less then 25% only. Driveways may "cross" slopes greater than 25% provided driveway grade does not exceed that specified by the Municipal Code. CC & R's recorded for this site must include this restriction. 22. All development associated with this map requires separate Design Review approval. 23. Prior to issuance of any grading permit or building permits, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return to executed original to the Community Development Department. Engineering Department Conditions 24. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 25. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . 26. Dedicate a 5 foot strip along Shrier Drive frontage and a 10 foot strip along Robertson frontage, and/or slope easements, if appropriate. 27. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . I 28. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, state that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 29. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to ... final map approval. (Lake Elsinore Municipal Code 16.34) . 30. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12. 04 and 16.34) . PAGE ELEVEN - CITY COUNCIL MINUTES - MARCH 27, 1990 31. Work done under an encroachment permit fro off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer. 32. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78) . 33. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 34. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. k 35. Provide fire protection facilities as required in writing by Riverside County Fire Department. 36. Provide street lighting, show lighting improvements on street improvement plans, as approved by the City Engineer. 37. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance of conveyed to a drainage easement. 38. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 39. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 40. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owners(s) , and the City. 41. Applicant shall post required bonds and bond for public works improvements as established for the project by the City Engineer prior to final map approval. 42 . Arrangements for relocation of utility company facilities (power Poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 43. Provide in-lieu payment for future public work improvements on Robertson Street and Shrier Street, if improvements cannot be installed due to grade differences on adjacent properties. 44. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 45. Toxic material test to be review prior to recordation of final map (Parcel 32, Book 378) . PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 27, 1990 46. The forty (40) feet ingress/egress easement described in Instrument #128877 must be maintained on Parcel Map 25442 . Access to Lots 758 through 768 must be granted in perpetuity on Parcel Map 25442. 39. Recovery of Expenditures for the Demolition of 29310 Pinnell Street. Community Development Director Gunderman explained that this building had been demolished for health and safety reasons. He recommended that the cost of $3,901 be placed as a lien on the property. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:40 p.m. , asking those in favor of this item to speak. No one spoke. Mayor Winkler asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:40 p.m. Councilman Starkey inquired whether the property owner had been contacted with regard to this action. Community Development Director Gunderman advised that he had been contacted and agreed with the lien process. He also advised that the property owner had been cooperative throughout the process. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL PERTINENT COSTS AND INTEREST ACCRUED THEREON. 40. Ramsgate ... a. Ramsgate Amended Specific Plan, Supplemental E.I.R. and Addendum to the Ramsgate Final Supplemental E. I.R. b. Ramsgate Tentative Tract Maps 25472, 25473, 25474, 25475, 25476, 25477, 25478 and 25479. Planning Consultant Smothers advised that the current proposal is a modification of an already adopted plan, with a number of new upgrades such as improved traffic circulation, larger average lot sizes and a community park facility. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:47 p.m. asking those in favor of the Ramsgate Specific Plan and Tract Maps to speak. The following people spoke: Chris Taylor, Homestead, advised taht Homestead has been involved in this project for about 10 months, while the Specific Plan is about 5 or 6 years old. He detailed the upgraded circulation plan, improved standards with average lot size of 7,200 square feet, increased park facilities and school sites. Bill Fray, L.D. Johnson Company, Anaheim, concurred wtih staff ..ter recommendations and findings. Adelle Abusambra, Dana Point, owner of 28 acres bordering the Ramsgate project. He felt the project would be a very good one with a number of amenities for the City. PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 Mayor Winkler asked those in opposition to speak. Hearing no on the public hearing was closed at 7:58 p.m. Councilman Washburn commented that much work has gone in to this project. He questioned Condition #4 and how may flag lots would be included. Mr. Taylor advised that the final plan has not been completed, but very few flag lots are anticipated. Councilman Washburn advised, for the record, that he is not in favor of the zero lot line alternative mentioned. He questioned whether financing requirements should be included at this time. Administrative Services Director Wood advised that this matter has been fairly well conceptualized and not necessary to attach at this time. Councilman Washburn questioned Condition #40 relating to the trail in Wasson Canyon and questioned other future plans for this area. Community Services Director Watenpaugh advised that staff has been discussing other possibilities for this area and will continue to pursue them. Mr. Taylor confirmed that other potential uses are being considered. Councilman Buck thanked Mr. Taylor and Homestead for working with the City to develop a good plan. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO APPROVE THE SUPPLEMENTAL E.I.R. FOR THE AMENDED SPECIFIC PLAN AND APPROVE THE ADDENDUM TO THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT; ADOPT FINDINGS AND CONDITIONS RELATIVE TO THE SPECIFIC PLAN, ADOPT RESOLUTION NO. 90-24 AND ADOPT ORDINANCE NO. 886 APPROVING THE AMENDED RAMSGATE SPECIFIC PLAN; AND APPROVE TENTATIVE TRACT MAPS 25472, 25473, 25474, 25475, 25476, 25477, 25478 AND 25479, SUBJECT TO THE RECOMMENDED FINDINGS AND CONDITIONS. Findings _ Specific Plan. 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are described in the Final Supplemental Environmental Impact Report and subsequent addendum to that FEIR. 2 . This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. Impacts of the Amended Ramsgate Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. 3 . The Amended Ramsgate Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17. 00 of the City of Lake Elsinore Municipal Code. PAGE FOURTEEN - CITY COUNCIL MINUTES - MARCH 271 1990 4. The Amended Ramsgate Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area of the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Planning Division Conditions _ Specific Plan 1. The text of the December, 1989 version of the Ramsgate Specific Plan and Supplemental Environmental Impact Report and Addendum shall be revised to incorporate corrections and revisions and any typographical errors subsequent to approval of the Specific Plan. A legible set of Specific Plan exhibits shall be made a part of the final documents. A final Specific Plan shall be submitted for review and approval by the Community Development Director within 90 days of approval. 2 . Developer will comply with all EIR mitigation measures as identified in the mitigation monitoring program. 3 . All final tracts noted on Exhibit 1 shall include lot sizes in substantial compliance with said Exhibit subject to approval of the Community Development Director. It is recognized that lot sizes will be reduced by the increased street right-of-ways and open space parkway easements required by these conditions and shall be in substantial compliance with Exhibit I. 4. Minimum lot width at the front setback line shall be vow50 feet for single-family detached home lots. Flag lots shall have a minimum street frontage of 20 feet. If lots less than 50' in width are proposed as presently delineated by Tentative Tract 25477, they shall be considered a special development such as patio homes, cluster homes or zero lot line homes subject to architectural design review approval of the Planning Commission. 5. Double fronting lots on primary or secondary streets shall have a minimum lot depth of 120 feet or a combination of the increased parkway width and lot depth in order to create sufficient separation from these more heavily traveled streets. 6. Front yard setbacks for garages shall be seventeen feet (171 ) with minor variations for grading and aesthetic purposes permitted to a minimum of ten feet (101 ) subject to the approval of the Planning Commission. 7. Side yard setbacks shall be a minimum of five feet (51 ) of level ground excluding slopes. Corner lots shall have a setback of a minimum of ten feet (101 ) , of which five feet (51 ) shall be level ground. •.ter 8. The side and rear elevations of homes shall be well designed and given enhanced architectural treatment, especially when they will be visible from public rights of way. 9. A conceptual landscape plan shall be developed prior PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 to the approval of any final tract map. This plan shall present the overall theme and give special regard to the streetscape, fencing, signage, lighting, community graphics and Wasson Canyon. This plan shall be subject to Community Development Director approval. 10. An open space plan shall delineate areas to be within home owner association easements and other maintenance responsibilities and shall be approved by the Community Development Director. 11. Detailed residential architectural design guidelines shall be submitted prior to the submittal of record tract maps and final building plans for administrative design review. 12 . A neighborhood entry monument and median program shall be designed for use throughout the specific plan area. Placement of entry monumentation shall be in compliance with the City's sight-distance standards. 13 . Slopes on individual lots that are in excess of three (3) feet in height shall be landscaped and irrigation shall be installed by the developer. 14. All non-residential development shall be subject to Design Review. 15. A fencing plan shall be developed which designates where the various fencing types are to be located; i.e. , decorative masonry, or a combination wrought iron and decorative masonry of wood. Fencing plan shall be reviewed and approved by the Community Development Director. 16. All lots with side and/or rear yards adjacent to public rights of way or open space areas shall have decorative walls installed by the developer. 17. All perimeter fencing shall be of decorative masonry, or a combination of wrought iron and decorative masonry. All walls and fencing shall be installed by the developer. 18. Interior lot line fencing will be required. Said internal fencing may be of wood fencing materials with an enhanced design in accordance with the provisions of the Specific Plan. 19. An acoustical study shall be provided to the Community Development Director and Building Official prior to the recordation of final tract maps. Said acoustical study shall note that exterior back yard have levels not to exceed 65 CNEL measured at the property line or the edge of the building pad, whichever is most appropriate as a noise mitigation wall location. 20. The minimum lot width at the street property line for pie-shaped lots shall be forty (40) feet and there shall be at least one on-street parking space for each pie-shaped lot. Engineering Department Conditions 21. City and County Fire Department standards shall be PAGE SIXTEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 i satisfied prior to construction of any structures. 22. Improvement plans, including sewer and water, shall be approved prior to the final map approval. 23. All site planning shall incorporate measures to promote waste reduction and recycling to the extent feasible. 24. Prior to final map approval, the project proponent will submit for review and approval a conceptual drainage plan to the City of Lake Elsinore. Final drainage plans shall be approved prior to recordation of final tract maps or as may be required. 25. On-street parking shall be provided at a minimum of one (1) space per unit/lot. On-street parking can be aggregated within a neighborhood. 26. Street classification and dimensions shall be as shown on Exhibits 2 and 3, with minor deviations allowed subject to the review and approval of the Community .Development Director. All secondary and residential collector streets shall be planned and constructed with median islands and be located within an open space parkway subject to the provisions in condition #10, above 27. An 80-foot right-of-way secondary street shall be dedicated to connect Ramsgate Drive, with an alignment of Wasson Canyon Road in Tract 25487 as approved by the Community Development Director. 28. Highway 74 shall be developed with a landscaped open space border and shall be improved to State alignment and dimensional standards. MOW 29. The alignment of residential collector street intersections on Highway 74 shall be further evaluated and approved by Caltrans and the Community Development Director. 30. A complete and detailed infrastructure schedule shall be submitted to the City Engineer before any final map is approved. Infrastructure schedule shall include timing of traffic signal installation, cost reimbursement from adjacent properties, and ultimate completion of the backbone system. The schedule shall be tied to occupancy of specific tracts. 31. The grade for local streets shall generally not exceed nine percent (9%) with the exception that grades up to a maximum of fifteen percent (15%) will be considered because of design constraints with the approval of the City Engineer. 32 . All open space and slopes except for public parks and schools and flood control District facilities, outside the public right-of-way will be owned and maintained by either a master owners' association or OEM private owners. All open space areas owned by the owners' association will be offered for irrevocable dedication to the City. Maintenance responsibilities shall be further defined per the provisions of condition #10, above. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 Building/Safety Division Conditions 33. The maximum grade for any manufactured slope shall be 2:1 or 50% or as may be approved by the Building Official based upon recommendations by a soils engineer on slope stability. 34. Contour grading should be practiced throughout the project by using natural curves and variable slopes, including variations to the standard 2 : 1 slope. 35. Drainage structures required on large slopes should be designed to avoid an angular layout or rigid geometric patterns. 36. Prior to construction, the Building Official shall approve a grading plan and all supporting studies. 37. Garage door openers shall be installed in all residential units. Community Services Department Conditions 38. A park implementation plan shall be prepared for review and approval by the Community Services Director. Installation of park facilities shall occur in accordance with the park implementation plan, which will show the community park to be constructed prior to the issuance of certificates of use and occupancy for Phase I and the park/school site prior to the issuance of certificates of use and occupancy for Phase 2 . 39. Developer shall participate in the City of Lake Elsinore City-wide Landscaping and Street lighting District pursuant to Resolution No. 88-27. 40. A multi-purpose landscaped trail shall be designed and constructed in Wasson Canyon. RESOLUTION NO. 90-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE RAMSGATE DEVELOPMENT. ORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE FIRST AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Findings _ Tentative Tract Maps 25472, 25473 , 25474, 25475, 25476, 25477, 25478 , 25478 and 25479. 1. An Environmental Impact Report was prepared to address the development of the project (1984) . PAGE EIGHTEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 Supplemental EIR and addendum to the EIR has been prepared concurrently with the Ramsgate Specific Plan First Amendment. 2 . Conditions of Approval have been amended, deleted or added to address identified impacts and conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 3 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Ramsgate Specific Plan. 4. The site, subject to the attached conditions, is suitable for this type of development. Conditions of Approval for Tentative Tract Maps 25472 , 25473 , 25474, 25475, 25476, 25477, 25478 and 25479 Note: The following conditions apply to all eight tentative tract maps except as otherwise annotated before each applicable condition as follows: (72) applicable only to TT 25472 (73) applicable only to TT 25473 (74) applicable only to TT 25474 (75) applicable only to TT 25475 (76) applicable only to TT 25476 (77) applicable only to TT 25477 (78) applicable only to TT 25478 (79) applicable only to TT 25479 Planning Division Conditions 1. Tentative Tract Maps 25473, 25473, 25474, 25475, WAMW 25476, 25477, 25478 and 25479 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 2 . Applicant shall comply with the approved Specific Plan. 3. Administrative Design Review shall be required of all residential development prior to the issuance of building permits. Design Review will be required of all non-residential development. 4. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 5. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 6. Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Engineering Department Conditions 7. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall PAGE NINETEEN - CITY COUNCIL MINUTES - MARCH 27, 1990 return the executed original to the Community Development Department for inclusion in the case records. 8. Fence locations and walls indicated on a grading or landscape plan and consistent with the Specific Plan shall be approved by the Community Development Director prior to the release Certificate of Occupancy. 9. Grading and construction plans shall incorporate erosion control measures as required by the Chief Building Official. 10. Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 11. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. 12. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 13. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 and Resolution No. 85-26) . 14. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 15. Construct all required public works improvements per approved plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval. 16. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 17. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12 . . 08 and Resolution No. 83-78) . 18. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 19. Annex to the City Landscaping and Street Lighting District. 20. Prior to the recordation of the final tract map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meet the approval of the City Engineer and the Chief Building Official as amended by the Specific Plan. 21. A complete hydrology and hydraulic report shall be submitted and approved by the City Engineer prior to Final Map approval. PAGE TWENTY - CITY COUNCIL MINUTES - MARCH 27, 1990 22. Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner. 23 . No single-family lots shall front or access to residential collector streets or higher volume streets. 24. All utilities except electrical over 12 kv shall be placed underground as approved by serving utility. mew 25. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 26. The developer shall pay for "No parking" and Street sweeping signs. 27. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 .04 and 16.34) as amended by the Specific Plan. 28. All local streets as determined by the Community Development Director shall have 54 feet right of way and 40 foot curb to curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1,000 feet or less) shall have 50 feet of right of way and 36 feet curb to curb with a 3 foot utility easement on each side of the street. 29. Desirable grade for local streets is 9%. A maximum grade of 15% should only be used in design constraint considerations. 30. Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100.00 per 40 dwellings and $100.00 per acre of commercial. 31. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 32. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 33 . Provide Soils, geology and seismic reports including street design recommendations prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certifications. (73 , 74 34. "A" Street shall be upgraded to a Secondary Street 75,76) with an 80' right of way. (77) 35. The developer shall design and construct "A" Street to connect to Highway 74 with a minimum of 2 paved lanes. This condition shall be implemented in cooperation with the City being able to coordinate right of way needs for this street segment with the County of Riverside. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MARCH 27, 1990 (78) 36. An evaluation shall be made to determine the need for a stub street located along "A" Street to provide for access to the property surrounded by this tract subject to the approval of the Community Development Director. (78) 37. The easement for public utilities running through the residential lots along "J" and "K" Street shall be r" more precisely described and lot lines revised to create property separation subject to the approval of the Community Development Director. (79) 38. "B" Street shall be evaluated and approved by the Community Development Director as to its need to intersect with Highway 74 at a point where the easterly tract boundary intersects with Highway 74 prior to approval of Final Map for this tract. (79) 39. "L" Street shall be evaluated and approved by the Community Development Director to determine if it is appropriate for extension into the properly east of this tract boundary prior to the approval of a Final Map for this tract. (79) 40. A secondary street with an 80' right of way shall be located to connect Ramsgate Drive and the tentative tract 25487 along the southern boundary of this tract prior to the approval of a Final Map for this tract to the satisfaction of the Community Development Director. 41. The developer shall be generally eligible for reimbursement agreements for the cost of off-site improvements as required by this project. Building/Safety Division Conditions 42 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 43 . Applicant shall meet all requirements of the Riverside county Fire Department for fire protection as determined by the Community Development Director. 44. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid or otherwise agreed upon. 45. All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. 46. All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. 47 . Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. BUSINESS/DISCUSSION ITEMS 51. Commercial Project 90-2 - Elsinore Investments. Proposal to construct a 6, 622 square foot restaurant within PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MARCH 27, 1990 the Shopper's Square development located 140 feet east of the intersection of Casino Drive and Railroad Canyon Road in a Neighborhood Commercial Zoning District. Community Development Director Gunderman highlighted this proposal and commented on parking concerns for this center. Councilman Dominguez questioned the parking for the potential future restaurant and whether a C.U.P. would be required. Community Development Director Gunderman clarified that among the alternatives being considered, the last alternative would be a C.U.P. Councilman Washburn requested that Condition #23.b. be changed to require 24" box trees; and that bicycle racks or slots be included. Community Development Director Gunderman advised that bicycle racks had not been addressed, but could be included. Councilman Dominguez suggested that staff work to designate news rack locations. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM THE PREVIOUSLY ADOPTED NEGATIVE DECLARATION, ADOPT FINDINGS LISTED BELOW AND APPROVE COMMERCIAL PROJECT 90-2 SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings 1. This project is consistent with the Goals, Policies, and Objectives of the General Plan. 2. If the attached conditions are met, the project will meet the Design and Development Standards of Chapter 17.44, 17.38 and 17.82 of the Lake Elsinore Municipal Code. mom 3 . Environmental impacts were addressed under a Negative Declaration. Planning Department 1. Approval of Commercial Project 90-2 is contingent upon the approval of Variance 90-3. 2 . Design review approval for Commercial Project 90-2 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of Approval shall be fully implemented within the project design and adhered to strictly. 4. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. PAGE TWENTY-THREE - CITY COUNCIL MINUTES - MARCH 27, 1990 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Buildings shall be constructed to match the existing center in all materials, architecture, texture, and color. The trees to be planted will match the rendering exactly. Any wind screening will be disallowed. -' S. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 10. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 11. Applicant is to meet all applicable City Codes and Ordinances. 12 . Meet all State handicap requirements. 13 . Meet all Riverside County Health Department requirement. 14. No outdoor storage shall be allowed for any tenant. 15. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 16. No roof ladders shall be permitted. 17. Applicant shall use roofing materials with Class "A" fire rating. 18. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. 20. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 21. DELETED. 22 . All exterior downspouts shall be painted to match the PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - MARCH 27, 1990 building. 23 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant four (4) street trees, selected to match existing Shopper's Square street trees, placed in the front setback at a maximum of 30-feet apart and at least 24" box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (36") e) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 24. All exposed slopes in excess of three feet (30 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 25. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The lighting fixture proposed is to match the architecture of the building. No wall park units shall be permitted. a) Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - MARCH 27, 1990 26. All signage shall be by City Permit. 27. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 28. All loading zones shall be clearly labeled with yellow striping and shall meet City Standards for loading zones. 29. Trailers utilized during construction shall be approved by Planning Division. 30. On-site surface drainage shall not cross sidewalks. 31. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 32. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 33 . Food service uses shall be permitted in this center only if required parking can be provided in accordance with Lake Elsinore Municipal Code, Section 17. 66. 34. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 35. Applicant is to submit revised landscape plans including four (4) street trees to match existing street trees in Shopper's Square and to enhance the landscape by the placement of shrubs in front of the outdoor dining areas. 36. Prior to the issuance of any future business license or Minor Design Review in Shopper's Square Center, the applicant shall submit a parking analysis with a field inventory of parking demand during peak hours. A Conditional Use Permit for a demand during peak hours. A conditional Use Permit for a shared parking facility shall be submitted for any project which causes required parking spaces to exceed that available in Shopper's Square. Engineering Department 37. Applicant shall contribute $20. 00 towards the City Master Entryway Sign Program. 38. Applicant shall contribute $2, 198.26 into the Benefit Reimbursement Assessment District formed to provide signal improvements at the intersection of Railroad Canyon Road and Casino Drive. (Resolution 83-61) . Buildina Department 39. Handicap parking to be at front entrys in accordance with the Chief Building Official. Riverside County Fire Department 40. The Fire Department is required to set a minimum fire PAGE TWENTY-SIX - CITY COUNCIL MINUTES - MARCH 27, 1990 flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 41. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s) . A statement that the building(s) will be automatically ,... fire sprinklered must be included on the title page of the building plans. 42. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. 43 . A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 44. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 45. Certain designated areas will be required to be maintained as fire lanes. 46. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 47. Install a hood duct fire extinguishing system. Contact a certified fire protection company for proper placement. Plans must be approved by the Fire ,... Department prior to installation. 48. Fire Department connection for sprinkler system must be within 50 feet of any exiting hydrant. 49. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413 . 00 to the Riverside County Fire Department for plan check fees. 50. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Elsinore Valley Municipal Water District 51. Pay water and sewer connection fees prior to occupancy permit. 52 . Construct grease trap and sample box to EVMWD standards. 53 . Install a reduced pressure principal back flow device after the service meter. 54 . The existing water main that serves the Shopper's Square on-site requires a Grant of Easement, legal description �..r and plot map before service can be given from the line. 55. If the structure is to have fire sprinkler system, design and construct a detector check in easement per standards. 56. Bicycle racks or slots shall be provided. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - MARCH 27, 1990 57. Applicant shall work with Community Development Director to determine newsrack locations. 52 . Industrial Project 90-2 _ Dexter Partners (Ronald A. Lloyd) . A request to construct ten (10) industrial buildings with a total floor area of 87,900 square feet on 6.25 gross acres, located at the northwest corner of Dexter Avenue and Second Street. Community Development Director Gunderman detailed this request and advised that this is a phased industrial project for which extensive landscaping an architectural considerations are being proposed due to its location. Councilman Buck advised that he feels this is a good project, but expressed concern with the trend toward smaller projects. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-2, ADOPT FINDINGS LISTED BELOW AND APPROVE INDUSTRIAL PROJECT 90-2 SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Planning Department 1. Approval of Industrial Project 90-2 is contingent upon the approval of Variance 90-2 . 2 . Design Review approval for Industrial Project 90-2 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 8 . A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. These revised plans shall become the approved plot plan only upon the review and approval by the PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - MARCH 27, 1990 Community Development Director or his designee. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. lo. Utility releases and Certificates of Occupancy shall be granted for logical blocks or groups of units for which construction activity is complete and all Conditions of Approval met. Construction activities ... shall be completed for all units in each block prior to any releases. 11. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 12 . A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 13 . Applicant is to meet all applicable City Codes and Ordinances. 14. Meet all State handicap requirements. 15. Meet all Riverside County Health Department requirements. 16. No outdoor storage shall be allowed for any tenant. 17. Trash enclosures shall be constructed per City 'r standards as approved by the Community Development Director. 18. No roof ladders shall be permitted. 19. Applicant shall use roofing materials with Class "A" fire rating. 20. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 21. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. 22 . All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - MARCH 27, 1990 23 . DELETED. 24. All exterior downspouts shall be painted to match the building. 25. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 26. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 27. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and return to the Planning Commission for approval. a) All planting areas shall have permanent and automatic sprinkler systems with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 15-gallon in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) the Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. PAGE THIRTY - CITY COUNCIL MINUTES - MARCH 27, 1990 28. Prior to issuance of Certificate of Occupancy and release of utilities, an approved landscape plan shall reflect the following: a) Landscape berms a maximum of two feet (21 ) in height shall be incorporated along the Second Street frontage and along Dexter Avenue and the interior cul-de-sac where parking is visible from their _ right-of-way. b) All proposed five (5) gallon "Eucalyptus Citriodorall-W be upgraded to minimum fifteen (15) gallon size. c) Required street trees shall be "Magnolia Grandiflora". d) the 17 ash trees will all be 24" box or better. 29. DELETED. 30. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 31. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall pack units shall be permitted. 32 . Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 33 . Applicant shall annex project into a City Landscape and Lighting District. 34. All signage shall be by City Permit. 35. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 36. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. "we 37. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 38. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. PAGE THIRTY-ONE - CITY COUNCIL MINUTES - MARCH 27, 1990 39. A six-foot (61 ) high masonry wall shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls) , walls depicted in the rendering 3790-1. 40. The rear perimeter wall shall be six-feet (61 ) in height and provide a visual transition (step(down) in order to assure proper visibility. The wall shall be constructed of decorative block. 41. Trailers utilized during construction shall be approved by Planning Division. 42. On-site surface drainage shall not cross sidewalks. 43 . any additional required dedications for public right-of-way shall be provided for on site plan. 44. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. a) All areas or pads graded during the grading operation shall be landscaped if permits are not issued for building within a 120 days. Engineering Department 45. Prior to issuance of building permits, applicant shall comply with all Conditions of Approval for Tentative r--. Parcel Map 23411. the conditions shall be complied with at building permit if not completed when the Parcel Map is recorded. Councilman Washburn requested the addition of a reimbursement agreement with Pardee Development for work on Railroad Canyon Road. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANLMOUS VOTE TO ADD THIS ITEM TO THE AGENDA. 53 . City Manager Molendyk explained the requested agreeALennt in support of the Railroad Canyon Road Improvements. City Attorney Harper advised that a few changes will be necessary and suggested approval subject to City Attorney revi4w. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REIMBURSEMENT AGREEMENT SUBJECT TO CITY ATTORNEY REVIEW. Mayor Winkler thanked Councilmembers Buck and Washburn for their efforts on this project. CITY MANAGER COMMENTS City Manager Molendyk introduced the City's Emergency Services Coordinator Mary Moreland from the Riverside County Fire Department ,-. who will be working on a plan for this area. City Manager Molendyk advised that minor delays have occurred in the landscaping project underway on Main Street between I-15 and Franklin, however the sod should be installed by the end of the week. He also advised that the Lakepoint Park Lights were erected this date and will be energized next week. CITY COUNCIL COMMENTS Councilman Buck reminded everyone to vote on April 10. PAGE THIRTY-TWO - CITY COUNCIL MINUTES - MARCH 27, 1990 Councilman Washburn advised that the Chamber of Commerce will be sponsoring an Industrial Fair on April 18 at the Industrial Park on Birch Street and detailed the event. Councilman Starkey advised that the Chamber of Commerce will be sponsoring a Candidate's Forum on April 5 at 7 p.m. in the Chamber of Commerce Conference Room. He also advised that the Miss Lake Elsinore event will be rescheduled to the Fall rather than in connection with Frontier Days and the Rodeo. Mayor Winkler thanked Community Services Director Watenpaugh for his ... work on Lakepoint Park. He requested details on the proposed Ramsgate Community Park. Community Services Director Watenpaugh advised that this will be a 31 acre park with 23 flat usable acres, adjacent to a 10 acre school site, with extensive athletic fields and facilities at a cost of approximately $ 4.9 million. THE CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:32 P.M. CLOSED SESSION THE CITY COUNCIL MEETING ADJOURNED TO CLOSED SESSION AT 8:32 P.M. TO DISCUSS ACQUISITION OF PROPERTY ADJACENT TO RAILROAD CANYON ROAD. THE CITY COUNCIL MEETING RECONVENED AT 8:44 . NO ACTION TAKEN. ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:45 P.M. ... JIM WINKLER, MAYOR CITY OF LAKE ELSINORE TTE�6T. VICK KA AD,AC CLERK CITY OF LWE ELSINORE rr MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 10, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Deputy City Clerk Bryning at 7: 00 p.m. ADJOURNMENT The Regular City Council Meeting was adjourned by Deputy City Clerk Bryning at 7: 01 p.m. due to lack of a quorum to the Lake Community Center, 310 West Graham, Lake Elsinore, California , April 17, 1990, at 7: 00 p.m. JIM WINKLER, MA R CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: Adria L. Bryni g, Depu City erk TEST: CKI -L. KASAD, C TY CLERK r-- MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 310 WEST GRAHAM STREET LAKE ELSINORE, CALIFORNIA APRIL 17, 1990 LL TO ORDER i ie Adjourned Regular City Council Meeting was called to order by lyor Winkler at 7:00 p.m. %_EDGE OF ALLEGIANCE Ttie Pledge of Allegiance was led by Councilman Dominguez. LL CALL ESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER SENT: COUNCILMEMBERS: NONE A�L so present were: City Manager Molendyk, Assistant City Manager Rogers, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director tenpaugh, Public Services Director Kirchner and City Clerk Wasad. EJSINESS ITEMS 1 , Certification of Election Results - Resolution No. 90-25. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-25. RESOLUTION NO. 90-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON THE LOTH DAY OF APRIL, 1990, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. 2, Oath of Office - Re-Elected Councilmembers. City Clerk Kasad administered the Oaths of Office to Re-Elected Councilmembers Fred Dominguez and Jim Winkler. 1,,- City Council Comments - Re-Elected Councilmembers. Councilmember Dominguez thanked his wife, committee and supporters for their efforts and his re-election. Councilmember Winkler also thanked his family and supporters for their work toward his re-election. 4 , Selection of Mayor. City Clerk Kasad opened nominations for Mayor. COUNCILMAN BUCK NOMINATED COUNCILMAN DOMINGUEZ. COUNCILMAN WINKLER NOMINATED COUNCILMAN WASHBURN. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS. PAGE TWO - CITY COUNCIL MINUTES - APRIL 17, 1990 ROLL CALL VOTE RESULTED IN THE FOLLOWING: COUNCILMEMBER BUCK VOTED FOR DOMINGUEZ COUNCILMEMBER DOMINGUEZ VOTED FOR DOMINGUEZ COUNCILMEMBER STARKEY VOTED FOR WASHBURN COUNCILMEMBER WASHBURN VOTED FOR WASHBURN COUNCILMEMBER WINKLER VOTED FOR WASHBURN Councilmember Washburn assumed the seat of Mayor. 5. Selection of Mayor Pro Tem. Mayor Washburn opened nominations for Mayor Pro Tem. MAYOR WASHBURN NOMINATED COUNCILMAN STARKEY. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS. ROLL CALL VOTE RESULTED IN THE FOLLOWING: COUNCILMEMBER BUCK VOTED FOR STARKEY COUNCILMEMBER DOMINGUEZ VOTED FOR STARKEY COUNCILMEMBER STARKEY VOTED FOR STARKEY MAYOR WASHBURN VOTED FOR STARKEY COUNCILMEMBER WINKLER VOTED FOR STARKEY Councilman Starkey was named Mayor Pro Tem. ADJOURNMENT MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE CITY COUNCIL ME TING AT 7:23 P.M. GAO- F WASHBURN, MAYOR CI LAKE ELSINORE -A TEST: I "SAD, Y CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 24, 1990 CALL TOO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE i The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood,Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Beverly Burns, 33041 Walls Street, representing Lake Elsinore Hang Gliding Association, commented on the history of hang gliding in Lake Elsinore. She expressed concern with development infringing on their open space. 2 . Cindy Gall, 209 Portland, Huntington Beach, representing Chapter 133 of the United States Hang Gliding Association, commented on the recreational value of the Lake Elsinore area and stressed the need for a hang gliding site in this valley. 3 . Mark Galbreath, Gerald Smith and Ramee Vermeullen also representing the local hang gliders, concurred with previous comments. 4. Kevin Jeffries, 17666 Grand Avenue, requested that Council consider studying annexation of remaining County areas in the City's sphere of influence. He also suggested consideration of electing Councilmembers by District. PRESENTATIONS/CEREMONIALS A. Proclamation = 17th Annual Frontier Days. Mayor Washburn read the proclamation recognizing Frontier Days and presented it to Chamber of Commerce President Arta Valenzuela. Arta recognized Dave Vic and Pam Johnson for their work with Frontier Days and the Miss Frontier Days Pageant. Pam Johnson introduced this year's 16 contestants r" for Miss Frontier Days. Tami Spraque, reigning Miss Frontier Days, presented the Mayor and Council with a plaque commemorating the City's support of the annual Frontier Days programs. B. Proclamation = Earth Day, 1990. f Mayor Washburn read the proclamation and presented it to PAGE TWO - CITY COUNCIL MINUTES - APRIL 24, 1990 Community Services Director Watenpaugh for conveyance to the School District. C. Presentation. Mayor Washburn presented a plaque and pen set to former Mayor Winkler and former Mayor Pro Tem Dominguez, respectively, and thanked them for the work over the last two years. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 11, 12, 14 and 17. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. March 27, 1990 - Regular City Council Meeting. b. April 10, 1990 - Regular City Council Meeting. c. April 17, 1990 - Adjourned Regular City Council Meeting. The following Minutes were received and filed: d. March 19, 1990 - Special Planning Commission Meeting. e. March 21, 1990 - Planning Commission Meeting. f. April 4, 1990 - Planning Commission Meeting. g. April 5, 1990 - Special Planning Commission Meeting. 3 . Received and ordered filed the Building Activity Report for March, 1990. 4 . Received and ordered filed the Code Enforcement Activity Report for March, 1990. 5. Received and ordered filed the Structure Abatement Activity Report for March, 1990. 6. Received and ordered filed the Investment Report for March, 1990. 7. Ratified Warrant Lists from the following dates: a. March 30, 1990. b. April 16, 1990. 8 . Rejected and referred to Claims Administrator the Claim submitted by Samuel Howard Bishop, Jr. (CL #90-10) . 9. Rejected and referred to Claims Administrator the Claim submitted by Judith May Green (CL #90-11) . 10. Rejected Northwest Sewer Project Equipment Bids received on March 29, 1990. 13 . Accepted Proposal for Annual Audit Services from KPMG Peat Marwick and awarded the audit for the three year period. PAGE THREE - CITY COUNCIL MINUTES - APRIL 24, 1990 15. Approved Claim for Funds under the Transportation Development Act of 1971 (Article 4) and Adopted Resolution No. 90-27. RESOLUTION NO. 90-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. 16. Approved & Accepted Right-of-Way Dedication in Tract 24138 for Scales Way as an offsite condition of the tentative map. 18. Accepted Quitclaim Deeds for Water Rights at Various Locations as follow: Parcel Map 23381 Ortega West Mobile Estates, 15132 Via Valle 29600 Nichols Street 19. Approved public hearing date of May 8, 1990 for the following: a. Zone Change 89-16 & Tentative Tract Map 25487 - Partin Development. A request to re-zone 48.3 acres of land from R-R (Rural Residential) to R-1 (Low Density Residential) , and to subdivide the site into 134 lots. ITEMS PULLED FROM CONSENT CALENDAR 2 . Animal Control Activity Report = March, 1990. Councilman Buck inquired of the City Attorney with regard to activities being undertaken by L.E.A.F. outside their contractual agreement, such as vaccination clinics. City Attorney Harper advised that this is an acceptable activity, and commented that to his knowledge this is being done by the City's local veterinarians. Mayor Washburn advised that he understands that local vets are not being utilized and suggested a meeting with L.E.A.F to resolve any misunderstandings. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANIMAL CONTROL ACTIVITY REPORT FOR MARCH, 1990. 11. Award of Contract for Lake Community Center Project No. 100-4802 - Russell Tourville Construction. Councilman Dominguez expressed concern with the deletion of the sidewalk project at Lakepoint Park to help fund this project. He suggested completion of the Lakepoint project in that it was previously approved. Community Development Director Watenpaugh advised that the Lakepoint Sidewalk Project had been put on hold earlier this year; and the Community Center is being utilized more than was originally anticipated, supporting the need for upgrades. Mayor Washburn advised that he has no problem with staff's recommendation. Councilman Dominguez stressed his concern with deleting a project to accomplish another project. Councilman Winkler commented that the bids have been received PAGE FOUR - CITY COUNCIL MINUTES - APRIL 24, 1990 on this project and it is ready to go and should proceed. Councilman Starkey questioned at what point the $25, 000 to be transferred, would impact the Community Center Project. Community Services Director Watenpaugh advised that he did not have that type of breakdown on the project. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO AWARD THE CONTRACT FOR LAKE COMMUNITY CENTER TO RUSSELL TOURVILLE CONSTRUC- TION IN THE AMOUNT OF $91,201.00. 12 . Agreement with County of Riverside for Traffic Signal Project Mission Trail/Corydon Street. Councilman Dominguez questioned the timing of this project and what interim measures could be provided. He was concerned that one year is too long to go without an alternative. Public Services Director Kirchner advised that the project is currently being designed, but will be several months to complete. Councilman Dominguez inquired what the possibility of stop signs in the interim would be. Councilman Winkler questioned the City's ability to place stop signs in this location, since a portion is in the County. Public Services Director Kirchner confirmed that this is a problem because the City owns only one third of the intersection. Councilman Dominguez further commented that this is a very dangerous intersection and requested that the recommendation go to the County for stop signs in the meantime. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO HAVE STAFF WORK WITH THE COUNTY FOR STOP SIGNS WITH A REPORT FROM STAFF AT THE NEXT MEETING; AND APPROVE THE PROPOSED AGREEMENT. 14 . Claim for Funds under thg Transportation Development Act of 1971 (Article 8)_ _ Resolution No. 90-26. Councilman Buck questioned that limitation of fund usage on page two of the Resolution. Administrative Services Director Wood explained that this is required wording, but funds are not limited to specific projects. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CLAIM FOR FUNDS AND ADOPT RESOLUTION NO. 90-26. RESOLUTION NO. 90-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE CITY MANAGER TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. 17. Rodriguez Disposal Relocation. Councilman Dominguez requested copies of appraisals and information with regard to potential locations. Administrative Services Director Wood advised that the current property is in line with the ultimate redevelopment plan for the downtown area, and the appraisal will be done at a later date. Councilman Buck clarified that this is an approval in concept PAGE FZ'aE - CITY COUNCIL MINUTES - APRIL 24, 1990 only, concurrently with the action the Redevelopment Agency approves. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONCUR WITH THE REDEVELOPMENT AGENCY ACTION. PUBLIC HEARINGS 31. General Plan Amendment 89-9, Zone Change 89-10, Specific Plan 89-1 Revised, Tentative Parcel Map 25106 and Commercial Prolect 89-6 _ Tomislav Gabric & Associates. A request to place an office/retail development on 6. 6 acres, located between Lakeshore Drive and Parkway Avenue and south of Avenue 6. Resolution No. 90-28 & Ordinance No. 887. Community Development Director Gunderman detailed this request for a 80,000 square foot commercial development. He advised that the current R-1 zoning is not a compatible use of the property. He recommended changing Condition 23.B. to read 24" box trees. The City Clerk reported no written comments. Mayor Washburn opened the public hearing at 7:44 p.m. asking those in favor of this project to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:44 p.m. Councilman Buck questioned the setback and commented on the proposed landscaping. He recommended that the developer be required to utilize a block wall along the back of the development. Community Development Director Gunderman clarified that the final landscaping treatment would be subject to his review, and he understood Council 's position. Mayor Washburn concurred with the plan as it relates to easy access, but suggested wrought iron or decorative block wall fencing. Councilman Winkler advised that the applicant is a client of his law firm and he would be abstaining from vote. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WINKLER ABSTAINING TO ADOPT NEGATIVE DECLARATION 89-37, APPROVE GENERAL PLAN AMENDMENT 89-9 AND ADOPT RESOLUTION NO. 90-28: RESOLUTION NO. 90-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1990. APPROVE ZONE CHANGE 89-10 AND ADOPT ORDINANCE NO. 887: ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 6.6 ACRES LOCATED BETWEEN LAKESHORE DRIVE AND PARKWAY AVENUE AND SOUTH OF AVENUE 6 FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (C-2) (TOMISLAV GABRIC AND ASSOCIATES) . UPON THE FOLLOWING ROLL CALL VOTE: PAGE SIX - CITY COUNCIL MINUTES - APRIL 24, 1990 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER AND APPROVE SPECIFIC PLAN 87-1 REVISED, TENTATIVE PARCEL MAP 25106 AND COMMERCIAL PROJECT 89-6 BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL. Findings - General Plan Amendment 89-9 1. The existing and proposed General Plan Land Use designation of Residential (Low Density) is inconsistent with the surrounding land uses and the noise generation caused by traffic using the major arterial (Lakeshore Drive) adjacent to the site. The placement of Neighborhood Commercial is consistent and would provide an appropriate buffer to the residential uses to the north. 2 . The proposed change will not result in any significant adverse impact on the environment. 3. Granting the requested General Plan designation will permit reasonable development of the property, with adequate future land use reviews and controls, consistent with the characteristics of the site and adjacent properties. 4. The existing and proposed General Plan Land Use designation change will serve to further the Goals, Policies and Objectives of the General Plan regarding the appropriateness and placement of neighborhood serving commercial uses. 5. The General Plan Amendment is compatible with proposed development patterns in the surrounding vicinity. Findings - Zone Change 89-10 1. The proposed C-2 zoning is not anticipated to have any significant adverse environmental impacts. 2. The present R-1 zoning is not consistent with the requested General Plan Land Use designation of "General Commercial" contained in General plan Amendment 89-9. 3 . The proposed C-2 zoning is consistent with General Plan Amendment 89-9. 4. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will - bring the property's zoning into conformity with the General Plan. Planning Division Conditions - Tentative Parcel Map 251 6: 1. Tentative Parcel Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 24, 1990 accordance with the Subdivision Map Act. 2. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The C . ° True Ordinance must be met during all site activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by City Engineer and Chief Building Official. a) Bonding shall be done by final map (s) for all other improvements. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Class II bicycle lane to be provided along Lakeshore Drive. 11. Prior to final approval of Parcel Map 25106 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the city, and all other stated conditions shall be complied with. 12 . Final Map shall reflect plotting as approved on plans date stamped February 21, 1990. 13. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Department. 14. All improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 15. Comply with all conditions of the Riverside County Fire Department. 16. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 17. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 24, 1990 Municipal Water District (EVMWD) . 18. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. .. 19. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 20. Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval by the community Development Director. 21. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Parcel Map. 22 . Any alterations to the topography, ground surface or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond loot for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 23 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Engineering Department: 24. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 25. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 26. Dedicate sufficient land along southerly boundary to provide for 100 right-of-way for Lakeshore Drive (50 foot half-street) . 27. Dedicate sufficient land along southerly boundary to provide for sixty (60) foot right-of-way for Avenue 6 (thirty (30) foot half-street) . Improve Avenue 6 to include one (1) parking lane and two (2) travel lanes (30 foot) . 28. Parkway shall be improved to include one (1) parking lane and two (2) travel lanes (30 foot) . 29. Dedicate sufficient right-of-way for corner cutbacks PAGE NINE - CITY COUNCIL MINUTES - APRIL 24, 1990 at lot corners for appropriate radii curb returns. 30. Applicant to dedicate eighty-eight (88) foot right-of-way (Pottery Street) thru site as shown on tentative Map. Eighty-eight (88) foot right-of-way centerline shall match centerline of Avenue 6 to the north when that section is at the ultimate width as approved by the City Engineer. 31. Parkway east of new proposed Street should be abandoned. If it cannot be abandoned then Parkway shall end in a cul-de-sac at its easterly terminus. 32 . Applicant shall process Dawes Street, Avenue 7 and Irwin Drive abandonments. Abandonments must be completed prior to final map approval. 33 . For the abandonment of Avenue 6 from Dawes Street to Lakeshore Drive, applicant shall provide a traffic circulation study. If study shows no adverse effects in abandoning Avenue 6, it may be abandoned. 34. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 35. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. ^` 36. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . E Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 37. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12. 04 and 16. 34) . 38. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12.08 and resolution No. 83-78) . 39. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x ill' mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 40. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 41. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. I 42. Provide fire protection facilities as required in writing by Riverside County Fire Department. PAGE TEN - CITY COUNCIL MINUTES - APRIL 24, 1990 43 . Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 44. On-site and off-site drainage shall be conveyed to Lakeshore Drive and directed towards San Jacinto River by a method approved by the City Engineer. 45. All natural drainage traversing site shall be conveyed through site, or shall be collected and ...w conveyed by a method approved by the City Engineer. 46. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 47. All drainage facilities shall be constricted to Riverside County Flood Control District Standards. 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 49. Contribute $14,750 for the design and construction of half a median on Lakeshore Drive along abutting property line. 50. Contribute $30, 000 towards the widening of the San Jacinto River Bridge at Lakeshore Drive. Development will increase traffic volume at the bridge at least 2% and should contribute 2% of the cost of the bridge. .r 51. Contribute $600 Toward the City Master Entryway Sign Program. 52. Developer shall contribute $13, 000 towards the design and construction of a traffic signal at Avenue 6 and Lakeshore Drive. This development will increase traffic at the intersection at least 10% and should contribute 10% towards construction. 53. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 54. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and be approved by the City Engineer. 55. All tracts and engineering shall be digitized by developer per City standards, tapes to be provided prior to issuance of Certificate of Occupancy. 56. All utility easements dedicated on the map will be approved by the appropriate utility agency prior to final map approval. Planning Division Conditions - Commercial Project 89-6 1. Design Review approval for Commercial Project 89-6 will lapse and be void unless building permits are issued within one year from the date of City Council approval. PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 24, 1990 2 . Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. r-- 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans of building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission j through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 8. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15. 72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 10. Meet all State handicap requirements. 11. Meet all Riverside County Health Department Requirements. 12 . No outdoor storage shall be allowed for any tenant. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 'ON- 14. No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 24, 1990 all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 17. All roof mounted or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or vow public streets. any roof mounted central swamp coolers shall also be screened. 18. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 19. All exterior downspouts shall be painted to match the building. 20. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 21. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 22 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall "' be indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 23 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24" box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (1511) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 shading in fifteen years. g) Any transformers and mechanical or electrical equipment shall be indicated on landscaping plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% r" Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) all landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24. All exposed slopes in excess of three feet (31 ) in ` height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 25. Applicant shall plant street trees on each lot, selected from the City Street Tree List, 30 feet apart and at least 15 gallon in size. A single species shall be used for each street and shall incorporate solar subdivision design principals. The planter island within the driveway area may not encroach into public right-of-way. Plan shall be submitted to the Community Development Director of his designee for approval. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall park units shall be permitted. a) Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. b) Security lighting shall be installed and operable from dusk, `-i dawn, 27. Applicao�- ._",6 annex project into a City Landscape and Lighting District. P" 28. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage i I PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 29. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for load-nix zones. This project shall be designed so that ev&, r 11- unit is provided with a 12 ' x 20 ' loading space as required by the City's Municipal Code. 30. On-site surface drainage shall not cross sidewalks. 31. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 32. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 33. A six-foot (61 ) high masonry wall shall be constructed along the side and rear property lines and shall conform to Section 17. 14. 080 (Fences and Walls) , subject to the approval of the Community Development Director. 34. Food service uses shall be permitted in this center only of required parking can be provided in accordance with Lake Elsinore Municipal Code, Section 17. 66. 35. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development NNW Department for inclusion in the case records. Engineering Conditions 36. Applicant shall comply with all conditions of Tentative Parcel Map 25106. If building permits are requested prior to Tentative Parcel Map 25106 being recorded, then all appropriate c `.tions of approval for Tentative Parcel Map 25106 ce complied with prior to building permit. 32 . General Plan Amendment 89-14, Zone Change and Annexation No. 52 = Homestead Land Development (formerly JU Investment) . A request to designate a thirty-six acre site as Low Density Residential (0-6 dwelling units per acre) , to change the Riverside County General Plan designation from Rural Residential, pre-zone the site to R-1 and Annex from Riverside County to the City of Lake Elsinore, located south of Scenic Crest Drive, west of Greenwald Avenue and north of the current City boundary. Resolution No. 90-29 & Ordinance No. 888. Community Development Director Gunderman detailed this request and explained that it includes the pre-zoning of this area prior to its annexation. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 50 p.m. , asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:50 p.m. PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 Councilman Buck advised that he feels this is an appropriate area for annexation. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-46; APPROVED GENERAL PLAN AMENDMENT 89-14 AND ADOPT RESOLUTION NO. 90-29: r-- RESOLUTION NO. 90-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1990. APPROVE ZONE CHANGE 89-14 AND ADOPT ORDINANCE NO. 888 : ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 36 ACRES LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, NORTH OF THE CURRENT CITY BOUNDARY FROM RURAL RESIDENTIAL (RR) TO SINGLE-FAMILY RESIDENTIAL (R-1) (HOMESTEAD LAND DEVELOPMENT, FORMERLY TMP INVESTMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE AND APPROVE ANNEXATION NO. 52 BASED ON THE FOLLOWING FINDINGS: Findings = General Plan Amendment 89-14 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's location, access and site characteristics. 2 . A significant amount of land use circulation and planning has already been accomplished on surrounding properties. 3 . Planned infrastructure for the adjacent development will allow the property logical access. 4. The proposed General Plan Land Use Designation is compatible with proposed surrounding uses and development patterns. Findings - Zone Change 89-14 1. The present County of Riverside zoning of "Rural Residential" is not consistent with the requested General Plan Land Use Designation of "Low Density Residential" as contained in General Plan Amendment 89-14. 2 . The proposed R-1 zoning, which will become effective upon annexation, is consistent with the General Plan Amendment 89-14. PAGE SIXTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 3 . The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property into conformity with the General Plan. 33 . General Plan Amendment 89-15 & Zone Change 89-17 - Brookstone Development. A General Plan Land Use Designation change from "Environmental Sensitive" to Limited Industrial and Zone Change from R-1 to M-1 (Limited Manufacturing) to allow for a master planned industrial park on 15.29 acres, located at the northeast corner of Flint and Silver Streets. Resolution No. 90-30 & Ordinance No. 889. Community Development Director Gunderman highlighted this request and advised that industrial project review will be required at a later date. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 55 p.m. asking those in favor of the project to speak. The following person spoke: Steve Brown, 31861 Riverside Drive, representing the applicant, advised that they are in agreement with staff's recommendations and offered to answer questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:56 p.m. Councilman Buck advised that he has no problems with this project, and commented on the difficulty to develop this property. """ MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 89-57, APPROVE GENERAL PLAN AMENDMENT 89-15 AND ADOPT RESOLUTION NO. 90-30: RESOLUTION NO. 90-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1990. AND APPROVE ZONE CHANGE 89-17 AND ADOPT ORDINANCE NO. 889: ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15. 3 ACRES LOCATED AT THE NORTHEAST CORNER OF FLINT AND SILVER STREETS FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO LIMITED MANUFACTURING (M-1) (BROOKSTONE DEVELOPMENT) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER Now NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 BASED ON THE FOLLOWING FINDINGS: Findings - General Plan Amendment 89-15 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's location, access and site .— characteristics. 2. The proposed General Plan Amendment is consistent with the surrounding land use designation. Findings- Zone Change 89-17 1. The present City of Lake Elsinore Zoning of R-1 is not consistent with the requested General Plan Land Use Designation of Light Industrial as contained in General Plan Amendment 89-15. 2. The proposed zoning, which will become effective upon City Council approval is consistent with the General Plan Amendment 89-15. 3. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will Bring the property into conformity with the General Plan. 34. General Plan Amendment 90-1 & Zone Change 90-2 = Pentagon Development and Hunsaker & Associates. A request to amend the General Plan Land Use designation from -- Neighborhood Commercial to High Density Residential and to change the zoning from Commercial Park (C-P) District and Neighborhood Commercial (C-1) District to High Density Resi- dential (R-3) District. Mayor Washburn commented that a continuance was being requested to May 8, 1990. Community Development Director Gunderman confirmed this request, and advised that a meeting was being arranged between the residents and the applicant for some time this week. Mayor Washburn thanked the residents for their willingness to provide input on projects such as this. Councilman Winkler expressed concern with this project, commenting that this is the opposite of the type of change Council should be considering. He stressed the need for parks in this area. He also expressed concern with the increased traffic on Grand Avenue and the impact on traffic circulation in the area. Councilman Buck suggested that staff participate in the proposed meeting with the developer, and include mitigation of concerns expressed by hang glider group this evening. Mayor Washburn appointed Councilmembers Buck and Winkler to meet with staff, the developer and the residents. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 8, 1990. 35. General Plan Amendment 90-2 & Tentative Tract Map 24490 Jones & Tomic . A request to change the General Plan designation from PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 Floodplain/Floodway to Low Density Residential and to subdivide 7. 6 net acres into 35 R-1 (Single-Family Residential District) lots. The property is located approximately 2,500 feet west of the intersection of Shirley Drive and Washington Avenue, south of Washington Avenue, east of Michigan Street and north of the proposed Lincoln Street extension. Resolution No. 90-31. Community Development Director Gunderman detailed this request which has a minimum lot size of 7,700 square feet. View The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:04 p.m. asking those in favor of this plan to speak. The following person spoke: Larry Truman, The Keith Company, representing the applicant, advised that they concur with staff's recommendations. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:06 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM E.I.R. 88-2, APPROVE GENERAL PLAN AMENDMENT 90-2 AND ADOPT RESOLUTION NO. 90-31: RESOLUTION NO. 90-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1990. AND APPROVE TENTATIVE TRACT MAP 24490 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings _ General Plan Amendment 90-2 1. The proposed Low Density Residential General Plan designation for the site is consistent with the surrounding land uses and will allow comparable residential densities. 2. Planned storm drainage improvements to be funded and implemented through the West Lake Elsinore Assessment District will mitigate flood hazards to the site. 3. The proposal is consistent with the Goals, Policies, and Objectives of the General Plan. Findings - Tentative Tract Map 24490 1. Certified Environmental Impact Report 88-2 addressed environmental impacts for this project. Project impacts have been mitigated to less tan significant levels and no environmental impacts are anticipated as a result of this project. 2 . The project is consistent with the Goals, Policies, .� and Objectives of the General Plan. 3. The project meets the minimum R-1 (Single-Family Residential) District zoning requirements. 4. The project is consistent with surrounding land uses. PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 24, 1990 5. As conditioned, the project will meet the City's subdivision requirements and the State Subdivision Map Act. Planning Division Conditions = Tentative Tract Mag 24490 1. Tentative Tract Map 24490 is approved subject to the r-- approval of General Plan Amendment 90-2 . 2. Tentative Tract Map 24490 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Tentative Tract Map 24490 shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. 6. The City's Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Division. 8. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Prior to final approval of Tract Map 24490 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 11. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 12. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Department. 13 . All of the improvements shall be designed by developer's civil engineer to the specifications of �- the City of Lake Elsinore. 14. Comply with all conditions of the Riverside County Fire Department. 15. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 16. The applicant shall provide connection to public sewer PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 24, 1990 for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District(EVMWD) . 17. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation shall be the responsibility of the developer and/or .... the association. Said plan shall be approved by the City and shall be installed in accordance with the City Standards. 18. Meet all requirements of Southern California Edison Company. 19. Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21. Mailboxes shall be subject to Planning Division review and approval prior to installation. 22 . Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval by the Community Development Director. 23 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. One model shall utilize Xeriscape landscaping with identifying signage. 24. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one 1 ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 25. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 26. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City Permits. A Geotechnical Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim erosion control measures are required after 30 days of rough grading. Permanent erosion control plantings meeting the City's Landscape Guidelines are PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 24, 1990 also required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 27. All development associated with this map requires separate Design Review approval, in accordance with r-- Section 17.82 of the Municipal Code prior to building permit approval. 28. Provide the following environmental mitigation measures: a) All slope areas shall be planted with fire retardant native vegetation. Native trees on site shall be preserved wherever possible. Where trees cannot be saved they shall be replaced by 24 inch box trees on a 1:1 ratio and shall be of the same species as that removed (provided they are one of the trees of the Coastal Sage shrub community or a species listed in the Environmental Impact Report Mitigation Program) . b) Architectural standards shall be implemented to utilize building materials and site design that minimize interior noise intrusion and provide and exterior noise - shielded environment. c) Should a City-wide or area-wide fee program be adopted by the City for increase in police services, this project should be required to participate a long with other developments. d) Submit a Geotechnical Report and incorporate recommendations into grading and construction plans including building structures to withstand a 6. 5 Richter scale magnitude earthquake episode or other stated maximum credible episode. 29. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Engineering Department Conditions 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 32 . All local streets shall have 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of-way with a 36 foot curb-to-curb and a 3 foot utility easement on each side. 33 . No single-family lots shall have ingress or egress to collector streets or higher volume traffic streets. 34. Dedicate sufficient land along Lincoln Street for a 88 foot right-of-way and 64 foot curb-to-curb (44 foot PAGE TWENTY-TWO - CITY COUNCIL MINUTES - APRIL 24, 1990 right-of-way and 32 foot curb-to-curb half street) . 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . 36. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable agency stating that water and sewer arrangements have been made for this project, prior to a final map approval. 37. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval. 38. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34) . 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12. 08 and Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 40. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2: x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. MOW 41. Provide fire protection facilities as required in writing by Riverside County Fire Department. 42 . Provide street lighting and show lighting improvements on street improvement plans, as approved by the City Engineer. 43 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 44. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 45. Contribute $96.00 towards the City's Master Entryway Sign Program. 46. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) , and the City. 47. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 48. Developer shall agree to participate in and join a PAGE TWENTY-THREE - CITY COUNCIL MINUTES - APRIL 24, 1990 Mello Roos Community Facilities District (CFD) for infrastructure improvements, operation and maintenance for the West Elsinore Infrastructure Improvement District. No Certificate of Occupancy will be issued for lots sold until the West Elsinore Improvement District has been formed. 49. If the West Elsinore Assessment District improvements have not been installed which will be needed for this tract, then this developer will be required to construct the infrastructure for circulation, utilities and flood protection as required by the City Engineer and Riverside County Flood Control District. 50. Applicant shall obtain necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 51. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 52 . Provide Soils, Geology and Seismic reports including street design recommendation. Provide final Soils Report showing compliance with preliminary and finish grade certification. 53 . All storm facilities shall provide tract and downstream property owners with 100 year flood protection and be approved by the City Engineer. Storm facilities shall be designed to accommodate run-off from a 100 year storm between right-of-way lines of Lincoln Avenue. 54. Developer shall remove the drainage swale along the easterly tract boundary when pads are graded along the easterly boundary. this applicant will coordinate the construction activity and obtain necessary easements from developer of Tract 22912 . 55. Developer shall provide drainage facilities along westerly boundary to protect lots along westerly boundary subject to the approval of the City Engineer. 56. Northerly tract boundary shall be extended to the centerline of Washington Avenue and 30 feet shall be dedicated for street right-of-way. 57. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 36. Vesting Tentative Tract Map 25274 = Pardee Construction Company. 'r A request to create 109 lots on 10. 6 acres located at the northeast corner of Cottonwood Hills Road and Lost Road, approximately 2 .5 miles east of I-15 and Railroad Canyon Road, within Cottonwood Hills Specific Plan Area. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8: 08 p.m. , asking those in favor of this map to speak. The following person PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - APRIL 24, 1990 spoke: Ted Cullen, 10880 Wilshire Blvd. , Los Angeles, representing the applicant, requested that Condition #10 be removed, because this is not appropriate for the Vesting Tentative Tract Map laws. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8: 10 p.m. City Attorney Harper confirmed that Mr. Cullen's comment with regard to Condition #10 is accurate. Councilman Buck questioned the lot sizes and configurations. Community Development Director Gunderman advised that changes will be occurring with both factors, and further that design issues may also change at a later date. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP 25274 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH THE DELETION OF CONDITION #10. Findings 1. Subject to the Cottonwood Hills Environmental Impact Report the proposed project has anticipated and mitigated any significant adverse environmental impacts. 2 . This project, as approved, complies with the Goals, and Objectives of the General Plan and the High Density Residential Zoning District as defined in the Cottonwood Specific Plan. 3 . This project, as conditioned, complies with the design directives contained in Section 17.82 .060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17.82 . 060 and the Planning District in which it is located. 5. The project, as conditioned, complies with the Objectives and Standards of the City's Subdivision Ordinance and the Subdivision Map Act. 6. The site is physically suitable for the type of development proposed. 7. As conditioned, there will be no conflicts with identified public easements. Planning Division Conditions: 1. Tentative Tract Map 25274 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map 25274 shall comply with the State of California Subdivision Map Act and shall PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - APRIL 24, 1990 comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . Project shall comply with all Conditions of Approval of Tract 23848, contained herein. 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. 6. The City's Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Division. 8. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. Applicant shall bond for all public improvements and grading for subject development as required by City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) for grading. b) Bonding shall be done by final map(s) for all other improvements. 10. DELETED. 11. Buildingpermits shall not be issued until roof of p P payment of school mitigation fee is presented to City Building Department. 12 . Comply with all conditions of the Riverside County Fire Department. a) Schedule "A" fire protection approved standard fire hydrants (611x4"x2-1/211) , located at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. b) Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the i local water company, the originals shall be presented to the Fire Department for signature. c) The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. d) All access islands shall have a minimum setback from curb of 35 feet. i PAGE TWENTY-SIX - CITY COUNCIL MINUTES - APRIL 24, 1990 e) When islands exist, the minimum width on each side of roadway shall be 16 feet. f) "No Parking" fire lanes shall be designated on all private drives within project, due to width of drives. g) Recreation facilities "A", "B" and "C" shall be conditioned separate from the rest of the project. h) The land division is located in the "Hazardous Fire "good Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 546. i) All buildings shall be constructed with fire retardant roofing material as described in Section 3202 of the Uniform Building Code. j) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 13 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . a) This project is in the 1750 pressure zone with a maximum serviceable pad elevation of 1630. b) Refer to the Water and Sewer Master Plan prepared for Cottonwood Canyon by NBS Lowry at 17748 Skypark Circle, Suite 100, Irvine, California 92714, (714) 261-7086. c) Pay all outstanding preliminary project cost incurred. d) All construction grading water is to be taken from Canyon Lake. The location of pumps will be reviewed and approved by EVMWD Temescal Division. e) Per Resolution No. 966, EVMWD will be governing the availability and provisions of construction water for this project. f) Recreation facility "A" shall require a meter with a reduced pressure principal backflow device, a grease trap and sample box, a fire detector check if structure is to be sprinklered and all necessary infrastructure. g) Pay sewer line reimbursement if Railroad Canyon sewer is constructed by others. - h) Design and construct the 36 inch Trunk Sewer Line in Railroad Canyon as shown in the District Master '"" Plan. i) The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above references property based upon the completion of the 1 mgd expansion of the Regional Wastewater PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - APRIL 24, 1990 Reclamation Plant. It is estimated that an additional 1 mgd sewage treatment capacity will be available by July 1990. EVMWD has also programmed additional expansion of the treatment plant by currently preparing an Environmental Impact Report (EIR) for the next phase of construction. BY this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property of such time as applications for sewer service to the property are accepted or approved. j) For facilities in private driveways submit an EVMWD Grant of Easement Form for minimum 20 foot easements with a legal description and a plat map. k) No combustible materials shall be placed on the project until the ultimate backbone facilities have been constructed and approved by EVMWD for each pressure zone. 14. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 15. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. 16. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, "— trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject tot the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 17. House plotting, architectural drawings, floor plans, I landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 18. Interim and permanent erosion control measures are required, and plans shall be approved prior to grading permit issuance. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping prior to the issuance of a rough grade permit. 19. Upon issuance of grading permits, an interim mitigation fee shall be paid to the City to mitigate impacts on the Stephens' kangaroo rat. Said fee shall be in amount as set forth in the City's Mitigation Fee Ordinance No. 869. 20. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete and "Acknowledgment of Conditions" and shall return the executed original to the Community Development PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - APRIL 24, 1990 Department. Engineering Department Conditions 21. Tentative Tract Map 25274 is Lot 668 of Tentative Tract Map 23848 (Cottonwood Hills) , and is Cottonwood Hills Phase 1 development. Tentative Tract Map 25274 shall be subject to all applicable Conditions of Approval of Tentative Tract Map 23848. 22 . All infrastructure improvements of Tract Map 25274 shall be constructed in coordination with the development phasing of Tract 23848 and subject to the approval of the City Engineer. 23 . Lost Road northeast of Cottonwood Hills Road shall be in tract 25274 boundary. 24. Storm drains in private roads shall be maintained by a homeowners association. 25. Applicant shall pay $270 towards the City Entry Sign Program. 26. Private roads must be approved by County Fire Department as to width, curve radii and turn arounds. 27. All off-site street right-of-way for access to this tract to maintained public right-of-way shall be offered for dedication to the City prior to or concurrent with final map. Planning Division Conditions - Tract Man 23848 (See Condition #21) 1. Vesting Tentative Tract Map 23848 approval shall be subject to the approval of Annexation #44 by the Local Agency Formation Commission (LAFCO) . 2 . Vesting Tentative Tract Map 23848 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 3 . Applicant shall comply with development standards as outlined in the approved Specific Plan and/or City Codes. 4. Final plotting and architectural drawings shall require Minor Design Review prior to each Final Map approval. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community ''" Development Department for inclusion in the case records. 7. Prior to the issuance of grading permits a landscape and irrigation plan shall be subject to the City Landscape Guidelines, April 1988, and include slope planting and street tree standards. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - APRIL 24, 1990 8. Developer shall incorporate mitigation for isolated Oak tree removal throughout the site into the Cottonwood Creek Revegetation Program. Such mitigation shall occur on a 10: 1 replacement ratio after individual trees have been evaluated for preservation feasibility by the City in consultation with the developer. This program shall be complied with prior to final map approval or grading permit (whichever occurs first) and which shall take precedence requiring revisions to the map to comply with the program if necessary. 10: 1 replacement of the Oak trees that are removed according to the Tree Survey shall be required subject to the following standards: a) Trees shall be replaced according to the species removed. b) Trees shall be replanted within the riparian and floodplain areas. c) Shall be 24 inch box trees. d) Provided with a temporary irrigation system for at least two (2) years. e) Submit this revegetation plan to be approved by the City prior to issuance of grading permits. f) All landscape improvements to be bonded 120%, Faithful Performance Bond, and released at completion of installation of landscape requirement approval/acceptance, and bond 100% for material and labor for one year. 9. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motorhomes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 10. Fences located in any front yard shall not exceed three-feet (31 ) in height, in the required setback area as required by current Zoning Code with the exception of wrought iron fences which may be five-feet (51 ) in height. Chain link fences shall be prohibited. 11. Decorative block wall or open steel fencing (as specified in the Specific plan sections 3 .2 and 3 . 3) shall be required for side yards which have street frontage. A six-foot (61011) high solid wood fence or masonry wall, or open steel fence shall be constructed along the side and rear property lines (as specified in the Specific Plan sections 3 .2 and 3. 3) . Applicant shall submit a typical fencing plan, showing the height and material, and the fence locations indicated on a grading plan and be approved by the Community Development Director prior to the release of the first Certificate of Occupancy. 12 . All signage related to Tract 23848 shall have the required City permits. 13 . Landscape screening shall be provided where parking PAGE THIRTY - CITY COUNCIL MINUTES - APRIL 24, 1990 lots are included in model home complexes. At least one (1) model home will incorporate water conserving landscape design principles. A landscape and fencing plan for the model homes shall be provided at time of Minor Design Review. 14. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. 15. Applicant shall meet all requirements of Elsinore Valley Municipal Water District. 16. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 17. Applicant shall pay capital improvement fees, if applicable, prior to the issuance of a grading permit. 18. The Vesting Tentative Map is a "phased" Tentative Map. Individual finals maps may be recorded on separate units without regard to the unit numbering sequence indicated on the map so long as the sequence of providing for adequate public facilities for each phase is based on the approval of the Director of Public Services. 19. Upon issuance of grading permits, an interim mitigation fee shall be paid to the City to mitigate impacts on the Stephens' Kangaroo rat. Said fee shall be in an amount as set forth in the City's Mitigation Fee Ordinance (Ordinance No. 859) . 20. A Cultural Resources Survey of affected areas related to Railroad Canyon Road shall be evaluated and NOW approved by the City prior to project grading. Presence of an archaeologist or paleontologist for on-site evaluation and full mitigation is required should any resource be uncovered during construction. 21. The developer shall comply with a Cultural Resources Mitigation Program which shall be incorporated as a condition of the Phase I tentative tract map approval and shall be complied with prior to final map approval or grading permit (whichever occurs first) and which shall take precedence, requiring revisions to the map to comply with the program if necessary. The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. 22 . Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that cannot be preserved. Initial clearing operations for grading shall be monitored by archaeologists where required by the Environmental Impact Report (EIR) . In the event significant historic material is discovered, it shall be removed before ' grading occurs. 23 . All structures shall be designed to incorporate all state and local water conservation regulations, subject to the approval of the Chief Building Official. PAGE THIRTY-ONE - CITY COUNCIL MINUTES - APRIL 24, 1990 24. All site planning shall incorporate measures to promote waste reduction and recycling to the extent feasible, subject to the approval of the Community Development Director. 25. Grading and construction plans shall incorporate the measures listed in the EIR to reduce and control erosion potential, subject to the approval of the Chief Building Official. 26. Library fees shall be paid prior to issuance of building permits in accordance with the City's Library Impact Program. 27. A Fire Protection Impact Mitigation Program shall be reviewed in consultation with Riverside County Fire Department subject to approval by the Community Development Director prior to approval of First Final Map, which shall include: a) Participation in the establishment of a funding program for the southeast area fire station and a mechanism for its timely delivery concurrent with demand for services imposed by this project. b) Wildland interface design and management as conveyed in the Specific Plan and other measures required to appropriately reduce fire hazard. This program shall be reviewed and approved by both the City and County. 28. The Vesting Tentative Map shall include provisions for ^" a Multi-Use Trail Corridor through the Cottonwood Creek Corridor with Lot "L" . Such Corridor shall be established along a topographically accepted route to the satisfaction of the Director of Community Services prior to approval of the First Final Map. Provision of a trail corridor does not imply construction or right to use until such time as a trail program is implemented. 29. Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. 30. Turn-key public parks shall be provided for Cottonwood Hills as follows: Developer shall dedicate the land (infrastructure) and rough grading for one (1) 5. 0 acre neighborhood park, designated on the tentative map as Lot 669. This dedication shall occur concurrently with recordation of adjoining final maps for either Phase 4, 6 or 9 , whichever comes first or at a later time if mutually agreed upon by the City and applicant. In addition, the developer shall provide turn-key park improvements for this park in accordance with a conceptual park development plan to be prepared by the developer and approved by the Community Services Director prior to the recordation of the First Final Map. Said improvements plus the design costs shall be limited to a maximum expenditure by the developer of $450, 000 (1989 dollars) . The above mentioned items will be completed no later than the Certificate of Occupancy of the 300th unit within the entire development. 31. The applicant shall meet the following conditions regarding fire protection: PAGE THIRTY-TWO - CITY COUNCIL MINUTES - APRIL 24, 1990 a) All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No. 460 and/or 546, subject to the approval by the Riverside County Fire Department. b) All buildings shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "A" rating and shall be approved by the Fire Department prior to installation. 32 . Prior to approval of the First Final Map, the project site shall be annexed to and pay applicable fees to the Elsinore Valley Municipal Water District (EVMWD) . 33 . The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Specific Plan. 34. Street names for all streets within the Vesting Tentative Map shall be approved by the Community Development Director. 35. Subdivider shall forward all information pertaining to the Residential Monitoring Program to the Community Development Director prior to Final Map approval of all or any portion of this Vesting Tentative Map. 36. Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Specific Plan. Engineering Department 37. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 38. Dedicate underground water rights to the City, if said rights are owned by Pardee (Municipal Code, Title 16, Chapter 16.52 .030) . Document can be obtained from the Engineering Department. 39. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 15, Chapter 16. 34; Resolution No. 85-26) . 40. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to final map approval. 41. Construct all off-site public works improvements per approved plans (Municipal Code, Title 12) ; plans must be approved and signed by the City Engineer prior to final map approval. 42 . Street and storm drain improvement plans and specifications shall by prepared by a civil engineer and improvements shall be to Riverside County standards and City Codes (L.E.M.C. 16.34 and 12.04) . 43 . Pay all fees and meet requirements of encroachment PAGE THIRTY-THREE - CITY COUNCIL MINUTES - APRIL 24, 1990 permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12 .08 and Resolution No. 83-78) . 44. Provide fire protection facilities as required in writing by Riverside County Fire protection. 45. Provide street lighting and indicate on street improvement plans as required by the City Engineer. 46. Annex to the City Landscaping and Street Lighting District. 47. Enter into a subdivision agreement for construction of public improvements and post appropriate bonds. 48. All local interior streets shall be 60 foot right-of-way with 40 foot curb-to-curb. Restricted local streets shall not be less than 50 foot right-of-way with 36 foot curb-to-curb. 49. A complete hydrology and hydraulic report shall be submitted and approved by the City Engineer and Riverside County Flood Control District prior to the First Final Map approval. 50. The final map shall indicate and provide for the base flood (100-year flood) within the existing channel and related facilities of the San Jacinto River and Cottonwood Creek. All other flood areas shall be provided with facilities to convey waters to these channels which shall be required to be implemented concurrent with construction of related phase subject to the approval of the Community Development Director and the City Engineer Prior to Final Map approval. 51. Conceptual improvement plan necessary to mitigate the impacts if increased storm run-off shall be provided by the developer as determined by the City prior to Final Map approvals. 52 . Any natural drainage diverted or concentrated onto adjacent property will require a letter of drainage acceptance from the affected property owner prior to Final Map approval. 53 . Any grading on adjacent property will require a grading or slope easement from the affected property owner. 54. A program shall be implemented for the construction of Railroad Canyon Road from I-15 to the north project boundary. The program shall be subject to approval of the Community Development Director and the City Engineer. The program shall provide for the funding and start of construction of Phase I of Railroad Canyon Road prior to issuance of the first building permit; and further that the road construction shall be completed prior to the 501st Certificate of Occupancy for the project. Phase I of Railroad Canyon Road shall consist of a minimum of 102 feet of right-of-way, with full width grading and four (4) lanes of pavement, of which at least two (2) lanes must be reopened to traffic prior PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - APRIL 24, 1990 to occupying the 501st unit. In the event that two lanes of Railroad Canyon Road cannot be reopened prior to issuance of the first Certificate of Occupancy, Pardee shall agree to pave Cottonwood Hills Road on-site for temporary ingress and egress. The City will make its best efforts to create a benefit district or similar program for Railroad Canyon Road which provides for an equitable sharing of costs between all properties within the City accessing the road. The final design and ultimate improvements of Railroad Canyon Road shall be approved by the City Engineer and Community Development Director prior to City Council approval of the First Final Map. 55. The developer's financial contribution to Railroad Canyon Road, Cottonwood Hills Road, Lost Road, and Holland Road, both on-site and off-site, shall not exceed that amount required by the City's proposed Transportation Mitigation Fee Program except that the developer in any event shall fully construct said road improvements within the Vesting Tentative Map boundaries and participate in the Railroad Canyon Road Benefit District as determined by the City Engineer. 56. Cottonwood Hills Road shall not be less than a 100 foot right-of-way with 76 foot curb-to-curb and a 14 foot raised landscaped median. 57. No single-family lots shall front collector streets or higher volume streets. 58. Interior streets shall be designed with nine percent (9%) as the desired grade and intersecting streets, where possible, shall meet at a maximum grade of six percent (6%) . 59. Existing street alignments not used shall be abandoned prior to final map approval, excepting Railroad Canyon Road. 60. Cottonwood Hills Road, east of the Vesting Tentative Map boundary, shall be realigned as an unimproved graded roadway to connect to existing Holland Road to the east in an alignment satisfactory to the City Engineer. Cottonwood Hills graded road-way shall be re-evaluated as each phase is constructed as to what level of improvement is needed as traffic demands increase, as determined by the City Engineer. 61. Lost Road shall be an 88 foot right-of-way with 64 foot curb-to-curb. 62 . A traffic signal shall be installed and be operational at the intersection of Railroad Canyon Road and Cottonwood Hills Road prior to issuance of the first Certificate of Occupancy. 63 . All utility easements and access roads required by utility agencies shall be secured by the utility agency by separate instrument or accepted on the final map prior to City approval of the final map. 64. Designated natural open space lots (Lots K, L, and M) shall be dedicated to the City. Operation and maintenance of open space habitat shall be provided PAGE THIRTY-FIVE - CITY COUNCIL MINUTES - APRIL 24, 1990 through the City of Lake Elsinore Landscape and Lighting Maintenance District or a similar entity. The City may require that an appropriate strip of land along the boundary of residential lots (consistent with the Fire Management Program set forth in the Specific Plan Table 6.2) be maintained by a homeowners association. .0- 65. A development agreement between the developer(s) of Cottonwood Hills and the City of Lake Elsinore shall be prepared and approved prior to recordation of the First Final Map. This agreement should specify the respective obligations of the City and developer in regard to the financing, phasing, provision and operation of public facilities and services. 66. The applicant shall contribute $2475 for the City's Master Entry Sign Program. 67. All compaction reports, grade certifications, monument certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 68. Access to Railroad Canyon Road from lots fronting Railroad Canyon Road shall be limited and will be limited to right-turn in and right-turn out only. 69. All tracts and engineering shall be digitized by developer per City standards, tapes to be provided prior to issuance of Certificate of Occupancy. 37. Brighton/Alberhill Ranch Development Agreement. Community Development Director Gunderman advised that staff is recommending continuance to the meeting of May 22, 1990. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS AGREEMENT TO MAY 22, 1990. 38. Pardee-Grossman/Cottonwood Canyon Development Agreement. Community Development Director Gunderman advised that the proposed agreement requested by the applicant, encompasses the Cottonwood Specific Plan Area. He detailed the agreement and some specific concerns relating to development fees, term of the agreement, and development of the neighborhood park. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8: 17 p.m. asking those in favor of the proposed agreement to speak. The following person spoke: Mike Magee, representing Pardee, advised that this is the culmination of many months of work. He clarified the differences between infrastructure and service fees, explaining that the infrastructure fees they are requesting be waived are those for which they will have already provided. He also explained that this agreement will assist them in obtaining the necessary financing to proceed. He offered to answer any questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:21 p.m. PAGE THIRTY-SIX - CITY COUNCIL MINUTES - APRIL 24, 1990 Mayor Washburn expressed concern with the 20 year term proposed by the agreement, recommending the 15 year period previously discussed. He also requested clarification and tightening up of language on page 27 of the agreement relating to Mello Roos financing. City Attorney Harper suggested that the Mello Roos language be stricken, as it should be a stand alone Mello Roos situation. Mr. Magee commented that the City is moving toward a Marks Roos Pool financing mechanism and they would hate to be in a non-competitive situation. Extensive Council discussion ensued with regard to financing mechanisms. Masood Sohaili, O'Melveny & Meyers, representing the applicant, advised that Pardee is willing to work with the Council, but would prefer not to participate in a plan other developers are not required to participate in similarly. City Attorney Harper expressed concern with the potential of future changes to the Mello-Roos laws, and reminded everyone that those could change many times in the 20 year period of the agreement. Mayor Washburn expressed concern with invalidation of the agreement on a technicality, or improper language. City Attorney Harper stated for clarification that an appropriate statement of policy would be "It is the policy of the City to require that (not just Mello Roos) , but all financing issued by the City of Lake Elsinore and the Redevelopment Agency be placed in the Marks Roos Pool". Councilman Buck commented that the agreement should state that there is a $2,000 development fee, but explain the $1, 000 credit has been given. --+ Mayor Washburn questioned the new fee waiver and how it would impact new fees. Mr. Magee further clarified the proposed waiver of future infrastructure fees vs. future service fees. Mayor Washburn questioned the time frame for project buildout. Mr. Magee advised that in the current market, their projection would be 18-20 years. Mayor Washburn read the following change to Page 27 of the Agreement provided by the City Attorney: "In addition, the City shall not require the developer to join the existing Mello Roos Districts or require that financing districts participate in any pooled financing program or bond issuance sponsored directly or indirectly by the City, unless at the time of the issuance of bonds a formal policy provides that all developments for which the City is sponsoring Mello Roos Districts shall be required to participate in such financing program. Unless developer otherwise consents, in the event that developer is required to participate in pooled financing or Marks-Roos Program". MOVED BY BUCK, SECONDED BY STARKEY TO APPROVE THE PROPOSED AGREEMENT WITH THE CHANGE TO PAGE 27, AND ADOPT ORDINANCE NO. 891: ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PARDEE-GROSSMAN/COTTONWOOD CANYON. PAGE THIRTY-SEVEN - CITY COUNCIL MINUTES - APRIL 24, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 39. Ramsgate Specific Plan Development Agreement. Community Development Director Gunderman advised that staff is recommending continuance to the meeting of May 22, 1990. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS AGREEMENT TO MAY 22, 1990. 40. Northwest Sewer Project Assessment District 86-1. Public Services Director Kirchner detailed the location of the proposed district. City Attorney Harper explained the procedure for this public hearing. Steve Hassett, 10920 Via Frontera, San Diego, representing NBS Lowrey, detailed project and financing costs for the proposed district. He also detailed and explained written protests received from Ranel Development, Aero Pro Manufacturing and Dura Construction and a verbal protest from Mr. Lawrence McLingberg. He advised that the protests represented 46.95 acres or 15.2% of the property included in the district; the total proposed acreage is 309.43 acres. Hector Carrillo, design engineer for NBS Lowrey, explained the increased costs due to the type of pump station required for the project, and increased linear sewer footage. The City Clerk reported no additional written comments. Mayor Washburn opened the public hearing at 9: 03 p.m. asking those interested in this project to speak. The following people spoke: Steve Brown, Brookstone Development, advised that his company represents approximately 80 acres within the district and that he was one of the original participants in the proposal. He expressed concern with the high cost being proposed for the pump stations, and recommended a meeting with the water district to review the specifications for the project. Tom Bensfield, Colich Construction, advised that they understand the concerns with the overall cost and advised that they are willing to work with the water district and the City to review the specifications. Mike Hilstrom, advised that he is in favor of the district, but expressed concern with lines which run under the freeway to the new high school site and whether costs would be passed on to the school district for this project. Steve Hassett explained that the lines mentioned were installed as part of the school districts costs, but as public property the high school cannot be assessed under the district. Don Downer, 18301 Collier, expressed concern with the costs of the pump station and questioned the inclusion of the future Alberhill developments in the assessment district. Steve PAGE THIRTY-EIGHT - CITY COUNCIL MINUTES - APRIL 24, 1990 Hassett advised that Alberhill will be participating in the costs to oversize the lines and lift station, in a cash contribution to the district. Lawrence McLingberg, 18181 Collier, expressed concern that the property proposed for the district will be worked on by the redevelopment agency, will allow a sewer line to cross private property, and will alter the elevations of private property. Hector Carrillo advised that the lift station has been designed to be at the grade of ultimate development. John Rainsford, representing Rancho Santa Fe, explained his background and questioned the inclusion of his three 5 acre parcels in the district, due to the limitations which have already been on his property for the last 6 or 7 years. He further explained that 7 of 10 acres are not buildable, and he felt the two parcels of which is acreage is a part should be deleted from the district. Steve Hassett clarified the configuration of the district. Mr. Rainsford further inquired what the impact of the proposed flood control channel would be. Hector Carrillo advised that their plan has not yet been set. Len Vierra, Rancon Realty IV, advised that they are in support of the sewer district, but concerned with the costs and its allocation to the property owners. He suggested that this item be delayed for two weeks to allow for a meeting with the water district. He further suggested that the school be required to pay a portion of the costs, and explained the improvements his company will be providing. Dennis Spar, Dura Construction, advised that his main concern is with the dollar figures in the spread of assessments. He also expressed concern with the inclusion of Zone 2 in the district, in that he feels no benefit will be realized by that ""' area. Steve Hassett clarified that Mr. Spar was the property owner whose assessment had been reduced after his correspondence was investigated, due to the flood control footage included. Don Daniel, 1150 Chestnut, Escondido, commented on discussions with Mr. Kirchner and NBS Lowrey, and questioned the cash discount figures. Steve Hassett advised that the bills will be mailed on April 26 and the payment of cash will cut-out the 2-1/4% financing costs. Gary Sepillone, 17880 Strickland, questioned the map of the district, and questioned the ability of the existing sewage plant to hold the capacity increase from this district. Staff confirmed that it is capable. John Friedman, Long Beach Equities, advised that his company has agreed to pay for the oversizing as mentioned by Mr. Hassett, but expressed concern with the award of contract subject to later amendment. He felt a 30% discrepancy for costs is too much, and questioned the ability to phase the district. He also recommended continuance or some other mechanism to delay this project. Further discussion continued with regard to costs, the possibility of altering the project after the contract has been awarded and the potential for rebidding the project. Larry Hasty, questioned the bid process and the time frame for development of bids; he expressed concern that the best possible bid may not have been received. Mayor Washburn closed the public hearing at 10:01 p.m. PAGE THIRTY-NINE - CITY COUNCIL MINUTES - APRIL 24, 1990 Councilman Buck suggested that the project be re-bid. Councilman Winkler expressed concern that the answers have not satisfied the concerns of the property owners. Councilman Starkey also suggested redesign and re-bid of the work. Councilman Dominguez commented that time is needed to review the concerns. Mayor Washburn expressed concern with delay of the project. City Attorney Harper advised that redesign could take up to 45 days, but a 2 week delay might provide more answers. Steve Brown expressed concern with a 5 month delay of this project, in that his project will be completed in July and without sewer, the property will be unable to be signed off and leased. He requested that Council delay for two weeks to review the alternatives. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. 41. Abandonment No. 89-3 . Abandonment of Dawes Street - Resolution No. 90-40. Public Services Director advised that this an abandonment related to Item #31 on this agenda. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 10: 12 p.m. , asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 10: 12 p.m. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE ABANDONMENT NO. 89-3 AND ADOPT RESOLUTION NO. 90-40: RESOLUTION NO. 90-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THAT A STREET EASEMENT (PORTION OF DAWES STREET) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND VACATING SAID EASEMENT. 42 . Abandonment No. 90-1. Abandonment of a portion of Grape Street, Northeast of Railroad Canyon Road - Resolution No. 90-41. Public Services Director Kirchner advised that this abandonment is related to an adjacent commercial development and is actually a trade for a similar piece of right of way. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 10: 13 p.m. , asking those in favor of Abandonment No. 90-1 to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 10: 14 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE ABANDONMENT NO. 90-1 AND ADOPT RESOLUTION NO. 90-41: PAGE FORTY - CITY COUNCIL MINUTES - APRIL 24, 1990 RESOLUTION NO. 90-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THAT A STREET EASEMENT (PORTION OF GRAPE STREET) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND VACATING SAID EASEMENT. 43 . Hearing of Protests to Notices to destroy weeds, remove rubbish refuse and dirt. Community Development Director Gunderman explained the process for this program and advised that property owners have until May 21st to clear their property or the City's contractor will proceed. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 10: 15 p.m. , asking those wishing to speak on this matter to do so. The following person spoke: Maria Keefer, 8803 Tweeter Lane, Downey, expressed concern with last year's billing for her property at Riverside and Gunnerson. Mayor Washburn directed Mr. Gunderman to meet with Ms. Keefer to address her concerns. Mayor Washburn closed the public hearing at 10: 18 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO PROCEED WITH THE ABATEMENT OF ALL LOTS NOT ABATED BY THE OWNER BY MAY 21, 1990. BUSINESS/DISCUSSION ITEMS 51. Memorial - Yarborough Park. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO REFER THIS ITEM TO THE COUNCIL PARK COMMITTEE TO RESOLVE PENDING CONCERNS. BUSINESS ITEMS 52 . Second ea n _ Ordinance No. 884. Relating to Manufacturing District Parking Requirements. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 884: ORDINANCE NO. 884 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.56.020, 17.60. 020 AND SECTION 17. 66. 030.0 OF CHAPTERS 56, 60 AND 66 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE, PROVIDING FOR APPLICATIONS FOR DISCRETIONARY REDUCTIONS IN MANUFACTURING DISTRICT PARKING REQUIREMENTS. - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE FORTY-ONE - CITY COUNCIL MINUTES - APRIL 24, 1990 ABSTAIN: COUNCILMEMBERS: NONE 53 . Second Reading - Ordinance No. 885. Relating to Zone Change 90-1. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 885: r- ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 34. 14 ACRES LOCATED SOUTH OF GRAND AVENUE, 1, 000 FEET EAST OF ORTEGA HIGHWAY AND WEST OF SANGSTON DRIVE FROM C-1 PLANNED UNIT DEVELOPMENT (PUD) , R-3 (PUD) AND R-1 HILLSIDE PLANNED DEVELOPMENT (HPD) (PUD) TO R-1 (HPD) , (MACLEOD DEVELOPMENT - ZONE CHANGE 90-1) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 54. Second Reading = Ordinance No. 886. Relating to the Ramsgate Specific Plan. -- Councilmember Winkler requested correction of the Ordinance to reflect his abstention at the last meeting. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 886: ORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE FIRST AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER CITY MANAGER COMMENTS City Manager Molendyk read a letter to the City from the Downtown Business Association thanking the City for the improvements to Main Street near the I-15 freeway. CITY COUNCIL COMMENTS Councilmember Winkler commented on the community's acceptance of the lighting and landscaping districts, and expressed concern with the fact that City residents are being put on waiting lists to participate in Little League and other organized activities. He suggested that staff pursue means by which to give City residents priority for use of City parks, as well as the imposition of fees on County residents using City parks. PAGE FORTY-TWO - CITY COUNCIL MINUTES - APRIL 24, 1990 Councilmember Dominguez expressed concern with trash problems in the downtown area, and suggested that staff meet with Rodriguez to consider a transfer station in the City. He also requested that staff review placement of some of the old play equipment back at City park; and suggested that the asphalt area be slurry sealed. Councilmember Dominguez also requested that the potential of a Stop Sign on Lakeshore near the fishing area at Chaney (Townsend) to making crossing Lakeshore safer. He requested a staff report on this signal at the next meeting. Councilman Starkey commented on the success of the Industrial Fair sponsored by the Chamber of Commerce and commended them for a job well done. Committee Appointments. Mayor Washburn announced the following Council Committee appointments: Western Riverside Coalition of Governments Jim Winkler, Chairman Gary Washburn, Member Council Finance Committee Gary Washburn, Chairman Will Buck, Member Lake Elsinore Management Authority Will Buck, Chairman Bill Starkey, Member Council Park Committee Now Jim Winkler, Chairman Will Buck, Member Intergovernmental Committee Jim Winkler, Chairman Bill Starkey, Member Public Works Committee Fred Dominguez, Chairman Will Buck, Member Nuisance Abatement Fred Dominguez, Chairman Gary Washburn, Member Downtown Business Association Gary Washburn, Chairman Fred Dominguez, Member Central Business District maw Will Buck, Chairman Fred Dominguez CLOSED SESSION None. PAGE FORTY-THREE - CITY COUNCIL MINUTES - APRIL 24, 1990 ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR C TY COUNCIL MEETING AT 10: 32 P.M. GARY WASHBURN, MAYOR CITY F LAKE ELSINORE AZ EST:_ n I=` SAD, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 8, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Starkey at 7:00 p.m. LEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER ABSENT: COUNCILMEMBERS: WASHBURN Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Dick Knapp, 29690 Dwan Drive, expressed concern with Item #9 of this agenda relating to Award of Contract for Weed Abatement. He was concerned that the hourly rate and the annual increase percentage rate were too high. He also suggested that the City consider using students to clean up the lake shore areas to provide summer jobs. 2. Tom Munoz, 275 Railroad Canyon Road, advised that he recently placed banners on the fence facing the freeway off-ramp to help draw business during the existing road closure. He expressed concern that code enforcement had required him to remove these signs and explained to him that banners would be allowed by City permit for a limited period of time only. He requested that the City work with the affected property owners during the closure of Railroad Canyon Road. City Manager Molendyk suggested to Council that staff would be willing to work with these owners during the road closure, through the sign permit process. Council concurred that flexibility should be exercised during the road closure. City Manager Molendyk advised the business people to go to City Hall and apply for a sign permit and staff will work with them. PRESENTATIONS/CEREMONIALS A. Proclamation - National Transportation Week. Mayor Pro Tem Starkey read the Proclamation recognizing National Transportation Week, May 13-19, 1990, and presented it to Scott Richardson, Marketing Manager for R.T.A. Mr. Richardson thanked the Council for this recognition and thanked the L.E.T.S. Board and staff for their ongoing cooperation with R.T.A. PAGE TWO - CITY COUNCIL MINUTES - MAY 8, 1990 B. Proclamation _ Commit to Get Fit Month. Cathy Gonzales from Canyon Fitness Center was not present for presentation. C. Proclamation - Small Business Week. Mayor Pro Tem Starkey read the Proclamation recognizing Small Business Week, May 7-13, 1990 and presented it to Arta Valenzuela, President, Chamber of Commerce. UNW Mrs. Valenzuela thanked Council for this recognition, and detailed programs the Chamber of Commerce administers to aid the Small Business people of this Community. D. Proclamation - Jason Nichol. Mayor Pro Tem Starkey read the Proclamation honoring Jason for his accomplishments and commended Jason for the activities he is involved in. Jason thanked the Council for this honor and and gave his winning speech entitled "What the American Flag means to me". CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: a. April 18, 1990 - Regular Planning Commission Meeting. 2 . Received . and ordered filed the Building Activity Report for April, 1990. ,.. 3 . Received and ordered filed the Code Enforcement Activity Report for April, 1990. 4 . Received and ordered filed the Structure Abatement Activity Report for April, 1990. 5. Received and ordered filed the Investment Report for April, 1990. 6. Ratified .Warrant List of April 30, 1990. 7. Rejected and referred to Claims Administrator the Claim submitted by JRW Management Corporation (CL #90-12) . 8 . Approved Proclamation recognizing National Police Week, May 13-19, 1990. 9 . Awarded Contract for the Weed Abatement Program to Greg Smith for a three year period and authorized the purchasing agent to execute the Contract. 10. Approved Business License Transfer of Sahara Dunes Casino to Inland Casino Corporation, subject to compliance with provisions of Section 5.28 of the Lake Elsinore Municipal -� Code. 11. Adopted Public Financing Policy stating that "All public financings processed by the City/Agency will be required to be accomplished through the use of the Lake Elsinore Public Financing Authority". PAGE THREE - CITY COUNCIL MINUTES - MAY 81 1990 12 . Approved Mortgage Credit Certificate Program Cooperative Agreement with County of Riverside, to allocate the funds to the County for administration. 13 . Approved the proposed Measure A Local Street Funds Program for the period 1990 to 1995. 14. Approved Outdoor Activity Permit 90-1 and Waiver of Fees for the Chamber of Commerce Frontier Days Event, based on the following findings and subject to the following conditions of approval: Findings 1. The proposed Outdoor Activity Permit is a temporary use and is a class 4.e. exemption under the California Environmental Quality Act. i 2. Adequate conditions and safeguards pursuant to Section 17.98.060 have been incorporated into this approval of the Major Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these findings for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety or welfare of persons residing or working within the neighborhood of the proposed use or the City or injurious to property or improvements in the neighborhood of City. Conditions 1. Obtain grading permission from all property owners affected, prior to any grading operation. 2. Secure electrical permits from the Building Division for inspection of all electrical equipment and set up an appointment for a full site inspection. 3 . Enter into an agreement with the Sheriff' s Department to adhere to their proposed schedule and provide information to the City that this agreement has been reached by May 18, 1990. 4. Meet all County Health Department requirements including: a. Pull required Health Permits for food service by May 18, 1990. b. Pump out holding tanks by May 23, 1990. c. Provide grease holding and disposal method to the County Health Department by May 23, 1990. d. Clean and screen food booth by May 23 , 1990. e. Provide adequate drinking water facilities for the public by May 23, 1990. 5. Install improved lighting at both sides of the crosswalk and provide additional lighting to the parking lot across the street by May 23, 1990. 6. Clear and chalk the parking aisles and emergency lane PAGE FOUR - CITY COUNCIL MINUTES - MAY 81 1990 by May 24, 1990, and rechalk the mornings of May 26, 27 and 28, 1990. 7. Post "No Alcohol" signs in all parking lots by May 23, 1990. 8. Indicate location of the First Aid/Information Booth that will be operated by Red Cross. 9. Submit information to the City by May 18, 1990, that UMW Paladin, or other security agency, will provide ten to twelve (10-12) employees and that there will also be volunteers for traffic control and all of these personnel will be issued orange vests. In addition, these personnel are to be informed of the basic operations of the parking layout and Traffic Control Plan. 10. Incorporate any recommendations not discussed above from the City prepared Traffic Control Plan. 11. Please note that this includes the chalking of parking aisles and the provision of sufficient number of personnel from Paladin, or other security agency, and volunteers to direct vehicles into specific parking spots. It is critical that parking be controlled to get as many vehicles on-site with adequate egress and that no vehicles be permitted outside designated areas, especially in brush areas. 12 . Provide verification of State certification of all carnival rides prior to opening of the carnival. 13. Clear and grade carnival area of rocks and ensure that all electrical cords are covered. Now 14. Provide for a car phone if reception is available near the office area. County Fire Department Conditions 15. Prior to the commencement of this year's Frontier Days Rodeo, the following conditions must be met: a. Provide Access for emergency vehicles: 1) A designated 12-foot fire lane around the perimeter of the rodeo and carnival grounds shall be maintained at all times. 2) Provisions must be made for the ingress and egress of emergency vehicles to and from the rodeo grounds due to the possibility of vehicular traffic backing up disabling emergency vehicles to access. b. All brush, weeds, litter and similar combustibles shall be cut and removed from all parking areas not later than May 21, 1990, and a 30-foot wide disked area should be provided around the entire �... perimeter of all parking areas. c. Prior to the commencement of any rodeo grounds activities, a fire safety inspection shall be conducted by the County Fire Prevention staff. Contact Chief Ted Pfeiffer at (714) 657-3183 for appointment. PAGE FIVE - CITY COUNCIL MINUTES - MAY 8, 1990 15. Approved 16th Year C.D.B.G. Reallocation of Funds, and related modification of 15th Year Funds; with 16th year programs to reflect the following: Yarborough Park $78,702 Riverside County Coalition for ^- Alternatives to Domestic Violence 1,839 St. Vincent De Paul Homeless Program 5, 000 Disaster and Rescue Equipment 9,020 Total 16th Year Program $94, 561. 16. Approved Extension of Time to December 7, 1990 for Friedman Homes, Inc. on their Agreement for Improvements Construction. PUBLIC HEARINGS 31. General Plan Amendment 90-1 and Zone Change 90-2 - Pentagon Development and Hunsaker & Associates. Continued from April 24, 1990. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO MAY 22 , 1990. 32 . Tentative Tract Mag 25487 and Zone Change 89-16 - Partin Development Corporation (Courton & Associates) . A request to create 133 single family lots and one (1) lot for common purposes and rezone from Rural Residential to Low Density Residential on 43 . 3 acres located north of the terminus of Wasson Canyon Road, one-half mile east of I-15 and one-half mile south of Highway 74. Community Development Director Gunderman detailed this request and explained Condition #81 which is based on comments received from the State Department of Mines and Geology. The City Clerk reported no written comments or protests. Mayor Pro Tem Starkey opened the public hearing at 7 : 30 p.m. asking those in favor of this project to speak. The following person spoke: Larry Buxton, Courton & Associates, 121 S. Main Street, commented that he feels this is a continuation of the Ramsgate Specific Plan area recently approved. He advised that this project will have an average lot size of 8, 100 square feet. He detailed the studies which they have undertaken with regard to Kangaroo Rats, traffic flows, and geologic review. Mayor Pro Tem Starkey asked those in opposition to speak. Hearing no one the public hearing was closed at 7: 35 p.m. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION 89-56, APPROVE ZONE CHANGE 89-16 AND ADOPT ORDINANCE NO. 893 : ORDINANCE NO. 893 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 43 . 3 ACRES LOCATED NORTH OF THE TERMINUS OF WASSON CANYON ROAD, ONE-HALF MILE EAST OF i-15 AND ONE-HALF MILE SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL (R-R) TO LOW PAGE SIX - CITY COUNCIL MINUTES - MAY 8, 1990 DENSITY RESIDENTIAL (R-1) (PARTIN DEVELOPMENT CORPORATION) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN r ABSTAIN: COUNCILMEMBERS: NONE AND APPROVE TENTATIVE TRACT MAP 25487 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings = Zone Change 89-16 1. The proposed R-1 Zoning is not anticipated to have nay significant adverse environmental impacts. 2. the present R-R Zoning is not consistent with the General Plan Land Use designation of Low Density Residential. 3. The proposed R-1 Zoning is consistent with the General Plan. 4. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property's zoning into conformity with the General Plan. Findings - Tentative Tract Map 25487 1. Environmental impacts caused by the proposed WAMW development are mitigated through Negative Declaration 89-56. 2 . The subdivision meets the standards set forth by the Lake Elsinore Municipal Code. 3 . the proposed land use is consistent with the General Plan. Planning Division Conditions - Tentative Tract Map 25487 1. Tentative Tract Map 25487 is approved subject to the approval of Zone Change 89-16. 2 . Tentative Tract Map 25487 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. 6. The City's Noise Ordinance must be met during all PAGE SEVEN - CITY COUNCIL MINUTES - MAY 8, 1990 site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Division. 8. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9. On the final grading plan, the subdivider shall indicate that single-family dwelling units can be sited on lots 1 through 133 without the need for a variance. 10. Applicant shall bond for all public improvements and grading for subject development as required by City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 11. Pay all applicable fees in force at time of issuance of building permits. 12. Class II bicycle lane to be provided along Wasson Canyon Road. 13 . Prior to final approval of Tract Map 25487 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 14. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 15. Prior to final approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 16. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. l 17. Final Map shall reflect plotting as approved on plans date stamped February 13, 1990. 18. Bond for drip or sprinkler irrigation system for common areas. 19. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 20. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 21. Comply with all conditions of the Riverside County PAGE EIGHT - CITY COUNCIL MINUTES - MAY 8, 1990 Fire Department. 22. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Community Development Director. 23 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 24. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall ]Qe delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD) . 25. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 26. Met all requirements of Southern California Edison Company. 27. Meet all requirements of Southern California Gas Company. 28. Meet all requirements of General Telephone. 29. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 30. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 31. Landscaping and Lighting shall be maintained by a landscaping and lighting maintenance assessment district or homeowners association(s) . 32 . The developer shall establish a homeowners association to manage and impose fees to maintain common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the homeowners association. 33 . Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building PAGE NINE - CITY COUNCIL MINUTES - MAY 8, 1990 permits. 34. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 35. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 36. A decorative block, masonry or combination of i masonry/wrought iron wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through minor Design Review process. 37. Prior to the first Certificate of Occupancy for Lots 8-19 and 53-74 and Lots 83 and 84 a minimum six-foot (61 ) high decorative block or masonry wall with maximum four-foot (41 ) wide wrought iron sections to allow for drainage as necessary shall be provided "- along the west property line from southerly to the northerly boundary, subject to the approval of the Community Development Director or his designee. 38. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City Permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 39. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the j first parcel, in accordance with Section 17. 82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 40. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 41. Submit a comprehensive soils and geology report and grading plan. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Submit PAGE TEN - CITY COUNCIL MINUTES - MAY 8, 1990 details of grading plan phasing and erosion control measures. 42 . All residences shall be served by a sidewalk along lot frontage. 43 . All sidewalks shall be separated from curb with parkway which shall be subject to the approval of the Community Development Director. Now 44. Finished slopes shall not exceed 2 :1. 45. Prior to commencement of any grading or construction on-site permits shall be obtained from State Fish and Game. 46. All project mitigation measures, listed within the Addendum of Negative Declaration 89-56, shall be incorporated into project design and development. 47. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 48. Provide the following environmental mitigation measures as stated in the Mitigation Monitoring Program. 49. Lot 134 shall be indicated on the Final Map as common area. 50. The precise grading plan shall attempt to avoid unnecessary grading and shall take advantage of the topography as much as possible. Engineering Department 51. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 52 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 53 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 54. Submit a "Will Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 55. Construct all public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to approval of final map (Lake Elsinore Municipal Code 16. 34) . PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 8, 1990 56. Desirable grade for local streets is 9%. The maximum grade of 15% should only be used because of design constraints. 57. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road i` Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 58. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of ! Occupancy. 59. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" X 11" mylar) shall be submitted to Engineering Department before final inspection of off-site i improvements will be scheduled and approved. 60. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 61. Provide fire protection facilities as required in writing by Riverside County Fire Department. 62. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 63 . All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 64. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 65. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 66. Contribute $333. 00 towards the City's Master Entryway Sign Program. 67. Prior to the Final Map recordation, a subdivision agreement shall be entered into with the developer(s) , owner(s) , and the City. 68. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 69. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 70. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils PAGE TWELVE - CITY COUNCIL MINUTES - MAY 8, 1990 Report showing compliance with preliminary and finish grade certification. 71. No single-family lots shall front or have ingress and egress to collector streets or higher volume streets. 72 . All tracts and engineering shall be digitized by developer per City standards, tapes to be provided prior to issuance of Certificate of Occupancy, if NEW standards are adopted prior to Certificate of Occupancy. 73 . All local streets shall have sixty (60) foot right-of-way with forty (40) foot curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) foot right-of-way with thirty-six (36) foot curb-to-curb and a three (3) foot utility easement on each side. 74. Streets "F" and "G" shall terminate in a cul-de-sac unless the applicant provides information regarding impending development of westerly adjacent property. 75. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 76. Applicant shall meet requirements of utility agency letter from M.E.N. and Associates dated March 5, 1990, prior to final map approval. 77. Wasson Canyon Road shall be designed and constructed with the cooperation and to the same standards as the Ramsgate Development for connection to Ramsgate Drive. applicant shall also cooperate with the developers to the south for the design, construction of North Lake Elsinore Hills Drive and Wasson Canyon Road connection to Camino Del Norte. 78. Applicant shall participate in an Assessment District for the design and construction of the Wasson Canyon Road circulation system. If an Assessment District is not formed this applicant will be responsible for providing two (2) paved access roads to his tract as approved by the City Engineer. 79. Applicant shall contribute ten percent (10%) towards the cost of design and construction of the traffic signals per the circulation recommendation by the traffic study for Tract 25171 by Kurzman Associates. 80. A portion of Tract 25487 lies within an area which is part of the hydrology study for the Ramsgate Project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City Engineer. 81. The geology report submitted for the subdivision shall include: a. potential hazards. Including the Glen Ivy fault. b. stability of man-made slopes under either static or dynamic conditions. and c. differential settlement of engineered fills of significant thickness. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 8, 1990 33 . Alberhill Annexation _ Conducting Authority Hearing. Resolution No. 90-42 . Community Development Director Gunderman explained that there had been some confusion with regard to the need for a public hearing and explained that this will confirm and finalize the annexation. The City Clerk reported no written comments or protests. Mayor Pro Tem Starkey opened the public hearing at 7: 39 p.m. asking those in favor of this annexation to speak. Ken Meddock, Brighton Homes, advised that his company is one of three companies applying for annexation jointly. He also clarified that t*r,49 is an uninhabited annexation and this is the opportunity protests to be heard. Mayor Pro Tem Starkey asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:40 p.m. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-42: RESOLUTION NO. 90-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ALBERHILL ANNEXATION 48, ANNEXED TO THE CITY OF LAKE ELSINORE AND DETACHED FROM ORTEGA TRAILS RECREATION AND PARK DISTRICT. 34. Northwest Sewer Project - Assessment District 86-1. Continued from April 24, 1990. City Attorney Harper advised that discussions have been continuing with regard to concerns highlighted at the last meeting, and based on those discussion, recommended that the public hearing be opened and continued to July 10, 1990 and that Resolution No. 90-43 rejecting the bids be adopted. The City Clerk reported no written comments or protests. Mayor Pro Tem Starkey 'opened the public hearing at 7:43 p.m. asking those in persons wishing to speak on this matter to speak. No one spoke. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS PUBLIC HEARING TO JULY 10, 1990. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 90-43 : RESOLUTION NO. 90-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REJECTING PROPOSALS AND DIRECTING A READVERTISEMENT FOR WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT. BUSINESS/DISCUSSION ITEMS 51. Commercial Project 90-3 - George Smyrniotis. Request for approval of Commercial Project 90-3 (S.S. Burger PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 8, 1990 Basket) to be constructed on a one-half acre site, located approximately 160 feet west of the northwest corner of Lakeshore Drive and Riverside Drive. Community Development Director detailed this request. Councilman Buck advised that Condition #33 should be changed to read Elsinore Water District instead of Elsinore Valley Municipal Water District. Mayor Pro Tem Starkey requested that Condition #27.b. be changed to read 11 . . . . .2411 box trees. . . . . " MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RE-AFFIRM NEGATIVE DECLARATION 88-8 AND APPROVE COMMERCIAL PROJECT 90-3 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS INCLUDING AMENDMENT OF CONDITIONS 27.B. AND 33 : Findings 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmen':. `F: .;pacts. 2. The project, as approved, compli-�:, th the Goals, Policies and objectives of the General Plan and the Neighborhood Commercial Zoning District. I � 3. This project complies with the design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter NOW 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. 060 and the Planning District in which it is located. Planning Division Conditions 1. Approval of Commercial Project 90-3 is contingent upon the approval of Conditional Use Permit 90-2 . 2 . Design review approval for Commercial Project 90-3 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. These Conditions of Approval shall be attached or NEW reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 81 1990 i indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 8. A revised site plan and elevation plan shall be submitll­,x to the Planning and Building Departments by the app.--,cant prior to Building Division issuance of permits which reflects all conditions of approval. These revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15. 72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 12. Applicant is to meet all applicable City Codes and Ordinances. 13. Meet all State handicap requirements. 14. Meet all Riverside County Health Department requirements. 15. Project must meet all requirements of Cal-Trans. 16. No outdoor storage shall be allowed for any tenant. 17. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 18. No roof ladders shall be permitted. 19. Applicant shall use roofing materials with Class "A" fire rating. 20. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any i PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 8, 1990 additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 21. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Now Any roof mounted central swamp coolers shall also be screened. 22. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 23 . All exterior downspouts shall be painted to match the building. 24. Any proposed metal mailboxes shall be treated to blend with the center's design theme. '11--lboxes shall be submitted for approval prior to 1 'ynce of building permits, subject to the approval - e postal service and the Community Development Director or his designee. 25. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located a the driveway approaches and crosswalks. 26. Bicycle racks shall be provided and indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 27 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24" box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . e) The Landscape Plan shall provide for ground --• cover, shrubs, and trees and meet all requirements of the city's adopted Landscape Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 8, 1990 1 I 1 A g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape { requirements approval/acceptance, and bond 100% ' for material and labor for one (1) year. 28. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 29. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall pack units shall be permitted. a) Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community 'i Development Director or his designee. 30. Applicant shall annex project into the Cit y's d Landscape and Lighting District. 31. All signage shall be by City Permit. 32. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 33 . The project shall connect to sewer and meet all requirements of the Elsinore Water District. Applicant shall submit water and sewer plans to the Elsinore Water District and shall incorporate all district conditions and standards. 34. Trailers utilized during construction shall be approved by Planning Division. 35. On-site surface drainage shall not cross sidewalks. 36. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart, and one way aisles shall be indicated with painted arrows on the asphalt. 37. Project shall incorporate detailed wood plant-ons in Exhibit "D", subject to the approval of the Community Development Director. 38. Food service uses shall be permitted in this center only if required parking can be provided in i PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 8, 1990 I i accordance with Lake Elsinore Municipal Code, Section 17.66. f 39. the menu board shall be relocated approximately 30 feet east of the proposed location and shall be architecturally screened or shielded with substantial landscaping, subject to the approval of the Community Development Director or his designee. f F 40. Wood siding shall be ship lap siding and shall be extended completely around the building and painted "Breakwater" blue to match the existing Del Taco, subject to the approval of the Community Development Director. 41. The drive through lane shall be redesigned to meet Section 17.66. 100(A) which requires a 15 foot setback. 42 . Applicant shall design and install at the north end of the driveway a decorative barricade continuing the nautical theme by utilizing wood pilings and rope, in i order to prevent access to the undeveloped parcel to f the north. The design, placement and materials shall be subject to the approval of the community Development Director. The block wall indicated on the north and east lot lines, and any other block f walls including the trash enclosure shall be decorative slumpstone block which is consistent in color and texture with that used in the Del Taco f project. The trash enclosure door shall be painted to match the restaurant's siding. 43 . Prior to issuance of any grading permit or building ' permits, the applicant shall sign and complete an mow "Acknowledgment of Conditions" and shall return the fexecuted original to the Community Development Department for inclusion in the case records. Elsinore Valley Municipal water District 44. Pay sewer connection fees prior to occupancy permit. j45. Construct a grease trap and sample box per EVMWD standards. j 46. Construct 6" sewer lateral per District standards. Connect lateral to existing sewer main wye. 47. Coordinate with EVMWD for location of existing sewer main wye. 48. Make financial arrangements with EVMWD for the share of cost participation in the upgrade of sewage lift stations P.S. A-1 and P.S. A-2 . Engineering Department 49. All Public Works requirements shall be complied with as a condition of development as specified in the .,., Lake Elsinore Municipal Code at the time a building permit is issued. 50. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34; Resolution No. 85-26) . P i i l 4 7 i PAGE `" : ETEEN - CITY COUNCIL MINUTES - MAY 8, 1990 51. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 52. Construct all off-site public works improvements per r-- approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16.34) . 53. If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 54. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution No. 83-78) . All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 55. All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" X 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. -- 56. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 57. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 58. Contribute $50. 00 towards the City's Master Entryway Sign Program. 59. The appli..cant shall contribute $3,190 -tQwar..ds the future construction of a landscaped .median .on Lakeshore'! rive at ti Certificate of .occupancy.. 60. Post required Labor and Material Bond and Performance Bond for Public Work Improvements r off-site. 61. Driveway on Lakeshore Drive shall be right turn-in and right turn-out only. 62 . Developer shall contribute $2, 600 towards the cost of a traffic signal at Machado and Lakeshore. This development will increase traffic at the intersection at least 2% and should contribute 2% of the cost. 63 . The egress onto Lakeshore Drive shall be posted right turn only. I i PAGE TWENTY - CITY COUNCIL MINUTES - MAY 8, 1990 i 52 . First Reading - Revised Ordinance No. 891. Relating to Pardee-Grossman Development Agmt. Community Development Director Gunderman explained that after further discussions, the changes have become significant enough in content that it is felt that the Ordinance should be given another first reading. He also recommended additional wording be added to paragraph #21 of the agreement as follows: now " . . . . .Developer may provide the Cottonwood Hills project's fair share of affordable rental housing by providing the aforesaid number of rental housing units at one or more other locations acceptable within the city limits acceptable to the City Council. " City Attorney Harper further explained that the concerns expressed at the last meeting have been mitigated and he has reviewed the final document. MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 891: ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PARDEE- GROSSMAN/COTTONWOOD CANYON. i UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE mow ABSTAIN: COUNCILMEMBERS: WASHBURN BUSINESS ITEMS 53 . Second Reading - Ordinance No. 887. i ` Relating to Zone Change for Tomislav Gabric & Associates. i MOVED BY BUCK, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 887: ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 6.6 ACRES LOCATED BETWEEN LAKESHORE DRIVE AND PARKWAY AVENUE AND SOUTH OF AVENUE 6 FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (C-2) (TOMISLAV GABRIC & ASSOCIATES) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY NOES: COUNCILMEMBERS: NONE w. ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: WINKLER 54. Second Reading - Ordinance No. 888. Relating to Zone Change for Homestead Land Development. I PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MAY 8, 1990 MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 888: ORDINANCE NO. 888 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 36 ACRES LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, NORTH OF THE CURRENT CITY BOUNDARY FROM RURAL "'— RESIDENTIAL (RR) TO SINGLE-FAMILY RESIDENTIAL (R-1) (HOMESTEAD LAND DEVELOPMENT FORMERLY TMP INVESTMENTS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE 55. Second Reading - Ordinance No. 889. Relating to Zone Change for Brookstone Development. i MOVED BY BUCK, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 889: ORDINANCE NO. 889 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 15.3 ACRES LOCATED AT THE NORTHEAST CORNER OF. FLINT AND SILVER STREETS FROM SINGLE-FAMIY RESIDEATI'IAL (R-1) TO LIMITED MANUFACTURING (M-1) (BROOKSTONE DEVELOPMENT) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the County has requested a Study Session regarding the Countywide Growth Management Plan; and suggested Monday, May 21 at 3:00 or 4: 00 p.m. Council decided to hold the Study Session on May 21st at 3 :00 p.m. CITY COUNCIL COMMENTS Councilman Winkler commented on the Western Riverside Council of Governments meeting he attended and requested that staff review the Countywide Parks Measure for placement on the next agenda, as a discussion item; as well as the item on the Measure A funding program as a potential agenda item. r- Councilman Dominguez requested that staff stencil no skateboard warnings in front of the post office and Great American Bank prior to the beginning of summer vacation. Mayor Pro Tem Starkey reminded the public of the City regulations relating to Yard Sales and suggested that they contact City Hall j prior to each sale. He also advised that staff had been in contact with the County Health Department for information on the beach closures over the weekend; and advised that it was in the PAGE TWENTY-TWO - CITY COUNCIL MINUTES - MAY 8, 1990 County area and is being investigated due to a high concentration of bacteria in the shoreline areas. Mayor Pro Tem. Starkey further advised that he had received a report on the status of the traffic signal for Mission Trail and Corydon. He requested further information with regard to the possibility of placing stop signs in the interim. Public Services Director Kirchner advised that he had been in contact as late as this date with the County Traffic Engineer, and he is reviewing our traffic engineers new recommendation for stop signs. flaw Mayor Pro Tem. Starkey reminded the Community of the upcoming Frontier Days Rodeo and other events. ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:03 P.M. B TA EY, MAYOR O TEM CITY OF LAKE ELSINO E A EST: KI SAD, Y LERK CITY OF LA]% ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS David Kromer, commented on the achievements of Damon Broadwent and his efforts in aiding him in weed abatement projects. He expressed concern with the Administrative fee the City imposes with regard to Weed Abatement. He suggested that the City f consider using students on summer vacation to clear weeds. Damon Broadwent, 33215 Frederick, further commented on the possibility of utilizing students to clear the weeds. Alan Manee, representing the property owners in the vicinity of Macy Street, advised that he is representing approximately 180 property owners with regard to the proposed zone change in that area. He expressed concern that the developer is not taking the residents concerns seriously and requested that Council heed the residents comments that this is an unacceptable proposal. PRESENTATIONS/CEREMONIALS A. Certificates of Merit - Governor' s Office of Emergency Services - Kevin Shear & Robin Chipman. Mayor Washburn commented on the Loma Prieta Earthquake last October and the efforts of City Staff to assist those affected communities. He presented the Governor' s Office Certificates of Merit to Kevin Shear and Robin Chipman and commended them for their efforts. B. Proclamation - Older Californians Month - Robert Martinez, Golden Spectrum. Mayor Washburn read the Proclamation recognizing May as Older Californians Month and presented it to Robert Martinez, Director of the Golden Spectrum Senior Center. CONSENT CALENDAR The following items were pulled from the Consent Calendar for PAGE TWO - CITY COUNCIL MINUTES - MAY 22 , 1990 further discussion and consideration: Item Nos. 2 and 10. Mayor Washburn advised that he would be abstaining from vote on item l.a. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. April 24, 1990 - Regular City Council Meeting. (Note that vote on this item was 4 to 0 with Washburn abstaining) b. May 8, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: c. May 2 , 1990 - Planning Commission Meeting. 3 . Received and ordered filed the Investment Report for April, 1990. 4 . Ratified Warrant List for May 15, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Rodney Zamora (CL #90-13) . 6. Awarded Contract for the Senior Citizens Center Remodel - Project No. 221-4803 to D.W. Jensen Corporation in the amount of $140, 658 and authorized transfer of $34, 000 from Park Fees to account 221-4803 Senior Center Remodel. 7 . Approved Payment of Balance on City Hall Mortgage in the amount of approximately $16,800. ..r 8 . Approved Request to Purchase City Owned Property - Frank H. Ayres and Son Construction Company - Residential Project 89-8 and determined that this property is excess property no longer needed by the public and authorized staff to proceed with negotiations. 9. Adopted Resolution No. 90-44 relating to the City' s Eligibility Renewal Application for the Federal Surplus Property Program. RESOLUTION NO. 90-44 A RESOLUTION OF THE CITY OF LAKE ELSINORE TO SET AUTHORITY FOR CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. 11. Accepted Dedication of Lot 237 of Tract 20705 and authorized City Clerk to arrange for recordation. 12 . Approved Final Parcel Map 24465 located on the North side Collier Avenue and west of Chaney Street. 13 . Adopted Resolution Nos. 90-46 and 90-47 relating to Tax Allocation Bonds. "... RESOLUTION NO. 90-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ISSUANCE BY THE REDEVELOPMENT AGENCY OF ITS NOT TO EXCEED $7, 000, 000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA PAGE THREE - CITY COUNCIL MINUTES - MAY 22 , 1990 REDEVELOPMENT PROJECT AREA NO. I 1990 TAX ALLOCATION REFUNDING BONDS AND ITS $7, 000, 000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II 1990 SUBORDINATE TAX ALLOCATION BONDS. RESOLUTION NO. 90-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF COMMITMENT AGREEMENT RELATING TO SALE OF ASSESSMENT BONDS AND SPECIAL TAX BONDS, APPROVING SALE OF SUCH BONDS ON CERTAIN TERMS AND CONDITIONS, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. 14 . Approved public hearing date of June 12 , 1990 for the following: a. Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and Environmental Impact Report 90-1 - Lake Elsinore Outlet Center - McArthur/Glen Group. This Specific Plan proposes the development of a commercial shopping center on a 43 .56 acre site. The plan will devote approximately 34 acres to the Outlet Center, 6 acres to Community Commercial and 3 acres to Open Space. The zoning is proposed to change from Commercial Manufacturing to Specific Plan. An accompanying Environmental Impact Report addresses the impacts of this development. The site is located immediately southwest of Interstate 15 approximately 500 feet east of the Nichols Road Interchange. b. Zone Change 90-4 and Annexation Number 53 - Wesco Homes, Inc. A request to consider a zone change from Riverside County R-R (Rural Residential) to City R-1 (Single-Family Residential District) , and Annexation of a 29. 44 acre parcel to the City of Lake Elsinore. The applicant will be proposing a 117 unit single-family development. The site is located on the east side of Stoneman and the south side of the City Limits. ITEMS PULLED FROM CONSENT CALENDAR 2 . Animal Control Activity Report for April, 1990. Mayor Washburn requested clarification of funding request. Staff clarified that it would be addressed with the budget consideration. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR APRIL, 1990. 10. Traffic Control Resolution No. 90-45 relating to Stop Signs at Mission Trail/Corydon. Councilman Dominguez detailed this item for the public. Councilman Buck inquired whether a stop sign could be placed at Ortega Highway and Grand Avenue based on the similar situation. Public Services Director Kirchner advised that this intersection was more complicated in that it was a State Highway so the State, County and City would be involved. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS PAGE FOUR - CITY COUNCIL MINUTES - MAY 22 , 1990 VOTE TO ADOPT RESOLUTION NO. 90-45. RESOLUTION NO. 90-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. PUBLIC HEARINGS Mayor Washburn requested that item #36 be heard prior to the other public hearings. Council concurred. 36. Annexation #47 - Meeker Development and Whiting Ranch. A request to annex approximately 129 .41 acres of unincorporated county land into the City of Lake Elsinore located northeasterly of Lincoln Street and east of Grand Avenue. Resolution No. 90-49 . Community Development Director Gunderman detailed this proposed annexation area which encompasses the Ortega Partners and Marinita Tracts recently approved by the Council. He advised' that this initiates the applicants process to apply to LAFCO for approval. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 :24 p.m. asking those in favor of this annexation to speak. The following person spoke: Jeff Kenyon, Senior Project Manager, 31 Technology Drive, Irvine, requested approval as a continuation of prior project approvals, and offered to answer questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 :25 p.m. Councilman Buck commented that he felt the concerns in that area had been addressed. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-49 APPROVING COMMENCEMENT OF ANNEXATION NO. 47, BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 90-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 47 - MEEKER DEVELOPMENT" . 31. Brighton/Alberhill Ranch Development Agreement. Ordinance No. 890. Community Development Director Gunderman detailed this agreement which covers only a portion of the total proposed development. He also detailed the deal points of the proposal including a champion golf course and an affordable housing .� clause. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 31 p.m. asking those in favor of this agreement to speak. The following PAGE FIVE - CITY COUNCIL MINUTES - MAY 22 , 1990 person spoke: Ken Meddock, Director of Land Development, Brighton Homes, 505 N. Tustin, Suite 250, Santa Ana, explained that this agreement is for a portion of the approved specific plan and detailed the extension of existing infrastructure necessary. He also commented on the negotiation points and requested that the clause relating to affordable housing be equitable with the requirements placed by other recent development agreements. He offered to answer questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7 : 39 p.m. Councilman Starkey supported the need for a golf course in this Community. Councilman Buck recommended that the water storage facilities discussed on Page 10, Item D, be placed under ground for aesthetic purposes. Mayor Washburn inquired whether the applicant had received the new verbiage relating to affordable housing. Mr. Meddock advised that they had, but again commented that it should be comparable to the verbiage in other development agreements. Discussion ensued with regard to the equity of the affordable housing clause and the impact of commercial development in offsetting the costs. Councilman Buck requested clarification on the floor area ratios in the specific plan, particularly with regard to office space and commercial areas. Mr. Meddock clarified that some two story buildings would be utilized to meet those ratios. Staff clarified that the project would still need to meet the zoning code and general plan standards. Councilman Dominguez further questioned the water storage facilities. Mr. Meddock commented that they were being required to include an 8 million gallon water tank and they are reviewing alternatives with berming and landscaping to camoflauge it as much as possible, but it would still be partially visible from the freeway. Further discussion took place relating to berming and aesthetic considerations for the water tank. Mayor Washburn questioned the some what conditional verbiage with regard to the golf course. Mr. Meddock explained that this was included to allow for flexibility once the studies are completed. Council requested further clarification of this reasoning. Mr. Meddock explained that they are reviewing riparian area requirements, financing ability and the future market for the final product. Council questioned the phasing plan and at what point the golf course would be installed. He explained that the construction activities would not begin for at least 12 to 18 months due to extensive grading required. Councilman Buck suggested that the development agreement be done at the time pending studies are complete. Mayor Washburn stressed the importance of the golf course to the consideration, and his discomfort with the existing agreement. Councilman Winkler inquired in the case the golf course is not built what justification is there for the City to approve this agreement. Councilman Starkey inquired further into the study outcomes and what they might be and how they would impact the project. Mr. Meddock explained that due to the topography, riparian PAGE SIX - CITY COUNCIL MINUTES - MAY 22, 1990 areas and financial constraints the golf course might not be feasible. Mayor Washburn suggested that this agreement be postponed to the next meeting to allow Councilman Buck and himself to work as a committee to finalize negotiations. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE JUNE 12TH CITY COUNCIL MEETING TO ALLOW THE ABOVE MENTIONED COMMITTEE TO FINALIZE NEGOTIATIONS. 32 . Ramsgate Specific Plan Development Agreement. %Now Ordinance No. 892 . Community Development Director Gunderman detailed the bargaining points of this agreement including the funding for a Civic Center study, $1, 000 per unit development fee, development of a community park, and point of sale for supplies in the City. Hardy Strozier, planning consultant, elaborated on the affordable housing verbiage suggested and the need to implement this type of clause to meet current and upcoming affordable housing requirements. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8 : 39 p.m. asking those in favor of this agreement to speak. The following person spoke: Bill Frey, 108 N. Riverview Drive, Anaheim, representing L.D. Johnson, concurred with the comments of Mr. Strozier, but expressed concern that the City does not have an adopted Housing He requested Co uncil con sideration n of reworking the affordable housing condition. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 8 : 42 p.m. Councilman Dominguez questioned the acreage of the proposed neighborhood park. Mr. Strozier advised that the final amount had not been determined, but it should be approximately 5 acres. Councilman Buck advised that discussions had been proceeding for the last year and all requests have been met. Mayor Washburn questioned the request of the applicant with regard to the affordable housing condition. City Attorney Harper concurred with Mr. Strozier in that upcoming needs for housing need to be addressed on an ongoing basis. Mr. Strozier further detailed the impact of future requirements on the current development trend. Mayor Washburn complimented the applicant and staff on their efforts to negotiate the final agreement. MOVED BY BUCK, SECONDED BY STARKEY TO APPROVE THE DEVELOPMENT AGREEMENT AND ADOPT ORDINANCE NO. 892 : ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. PAGE SEVEN - CITY COUNCIL MINUTES - MAY 22 , 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 33 . General Plan Amendment 90-1 & Zone Change 90-2 - Pentagon Development. Continued from May 8, 1990. Community Development Director Gunderman advised that the developer has requested a continuance of this item to June 26, 1990 for resolution of issues with the neighborhood group. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS MATTER TO JUNE 26, 1990. 34. Ordinance No. 894 . Urgency Interim Ordinance Adopting a Moratorium in the East Floodplain Area and City Lake Perimeter. Community Development Director Gunderman explained the history of this moratorium which was established to allow time to develop appropriate land uses and circulation plans. He advised that the current proposal is for a 60 day extension to July 24 , 1990 at which time staff would return with a master plan for adoption. He also requested that Council authorize the formation of a committee of 2 Planning Commissioners, 2 Councilmembers, John Ballew and Planning Department Staff to complete this preparatory work. Mayor Washburn opened the public hearing at 8: 50 p.m. asking those in favor of this Ordinance to speak. No one spoke. Mayor Washburn asked those in opposition to speak. The following person spoke: Emerson Brigham, property owner, requested clarification of the boundaries of the proposed moratorium area. Staff advised that they were the same as previously set. Mr. Bingham detailed the history of this moratorium and expressed concern that points of the law were not being properly fulfilled, such as reports relating to extension of time, number of extensions, etc. He questioned the need to keep existing commercial property in this moratorium area, and what this moratorium would do that the other have not. Mayor Washburn closed the public hearing at 9 : 56 p.m. City Attorney Harper commented with regard to the legal requirements for moratoriums and explained the City' s previous actions. Councilman Buck inquired whether staff feels the work can be accomplished in the 60 days allotted. Community Development Director Gunderman confirmed that he feels this work can be done and work will proceed. Councilman Starkey advised that he feels this process has taken too long already, but he will agree with 60 more days. He further advised that after that time the property needs to be released. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 22 , 1990 Councilman Dominguez commented that he does not like moratoriums, but feels progress is being made and the City needs to finish the work in progress. Mayor Washburn requested that the the second 30 days of this period staff set up meeting with the land owners to keep them advised of the progress to that point. i City Manager Molendyk suggested that Councilmembers Buck and Starkey be appointed to the previously mentioned Committee. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO CONTINUE THE .�. MORATORIUM FOR 60 DAYS SUBJECT TO A 30 DAY REVIEW AND ADOPT ORDINANCE NO. 894 . ORDINANCE NO. 894 ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD, 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LEA DRIVE AND THE LAKE, CONTINUING SOUTHWESTERLY TO GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 35. Joint Exercise of Power Agreement Creating the Riverside County Habitat Conservation Agency. Community -Development Director Gunderman detailed this request and explained the necessary actions including allocations of the program and authorization to proceed with appraisals. He advised the the M.O.U. should be returning for approval in approximately three weeks. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9: 03 p.m. asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 9: 04 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED AGREEMENT AND ADOPT RESOLUTION NO. 90-48 . RESOLUTION NO. 90-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA BECOMING A PARTY TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION PAGE NINE - CITY COUNCIL MINUTES - MAY 22, 1990 AGENCY. BUSINESS/DISCUSSION ITEMS 51. Request from Rancon. A request for Condition Reconsideration relating to freeway landscaping requirements. Community Development Director Gunderman reminded Council of its previous direction with regard to the condition in question, and explained that thus far a uniform program for freeway landscaping has not been adopted. He detailed the alternatives including requirements that the applicant comply with the conditions, that the applicant participate in a future program, or that the applicant participate in a future program and install a portion of the landscaping at this time. Mayor Washburn advised that he feels the condition as stated previously is an appropriate requirement, in that other City' s are already doing it and suggested that staff work with the developer to work Out any problems Caltrans may be contributing to the situation. Councilman Dominguez suggested that the third alternative of participation in a future program and landscaping is appropriate as an interim measure. City Attorney Harper commented that this type of program could be maintained as part of the existing lighting and landscaping assessment district with the establishment of an additional benefit assessment zone. Councilman Buck suggested either alternative 2 or 3 mentioned above. Councilman Dominguez questioned whether this would be consistent with requirements on other freeway projects. Council discussion ensued with regard to alternatives and the restrictions which may be imposed by Caltrans. MOVED BY WASHBURN, SECONDED BY WINKLER TO DENY THE REQUEST AND REQUIRE RANCON TO INSTALL THE LANDSCAPING AND PARTICIPATE IN THE FUTURE MAINTENANCE DISTRICT. City Attorney Harper suggested that this item be continued for two weeks to allow staff to develop an appropriate condition. Council questioned the cost factor for this type of landscaping. City Manager Molendyk advised that the best information we have is that it will cost $1 million for one four corner intersection. THE ABOVE MENTIONED MOTION WAS WITHDRAWN WITH PERMISSION OF THE SECOND. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS t-- VOTE TO CONTINUE THIS ITEM TO JUNE 26, 1990. Mayor Washburn commented that he would like to see this project act as a catalyst to start work on the rest of the program. 52 . Industrial Project 90-3 - CHS Partnership. Design review approval of a 14,425 square foot industrial PAGE TEN - CITY COUNCIL MINUTES - MAY 22 , 1990 building on a 1. 01 acre parcel located approximately 300 feet south of the southwest corner of Minthorn and Birch. Community Development Director Gunderman detailed this request, and the reasoning for postponement on the construction of the wall. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-11 AND APPROVE INDUSTRIAL PROJECT 90-3 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings: 1. The project is consistent with Goals, Policies and Objectives of the current General Plan. 2 . No significant environmental impacts will result from this project. 3 . If the attached conditions are met, this project will meet the design directives of Chapters 17 . 38, 17.56, 17 . 82, and 17 . 66 of the City of Lake Elsinore Municipal Code. Planning Division Conditions: 1. Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . All Conditions of approval shall be fully implemented %now within the project design in all phases and/or adhered to strictly. 3 . These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 4 . All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 5. Materials and colors depicted on the materials board shall be used unless modified by the Community Development director or his designee. 6. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 7. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of ••r utilities. 8 . Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 22 , 1990 shall be provided 30 days after the site' s rough grading, as approved by the City Engineer. 9 . A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. All building pads are to be one foot (11 ) above the 100 year flood plan. 10. Applicant is to meet all applicable City Codes and Ordinances. 11. Meet all State handicap requirements. 12 . Meet all Riverside County Health Department requirements. 13 . No outdoor storage shall be allowed for any tenant. 14 . Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 15. No roof ladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. 17 . The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 18. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 19 . All outdoor ground or wall mounted utility equipment shall be architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 20. All exterior downspouts shall be painted to match the building. 21. Any proposed metal mailboxes shall be treated to blend with the center' s design theme. Mailbox Plan shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 22 . DELETED. 23 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from PAGE TWELVE - CITY COUNCIL MINUTES - MAY 22 , 1990 the City Street Tree List, a maximum of 30-feet apart and at least twenty-four inches (2411) box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . •... e) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City' s adopted Landscape Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and receive additional enhanced screening. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All trees to be planted shall be 50% 24 inch box and 50% 15 gallon specimens. i) Final landscape plan must be consistent with approved site plan. j ) Final landscape plans to include planting and irrigation details. k) Applicant shall adjust tree locations in front set *mow back are to allow for the placement of a monument sign. 24 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 25. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Plans for the proposed exterior light fixtures shall be included with building plans and shall be subject to the approval of the Community Development Director or his designee prior to the issuance of building permits. 26. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 27 . Applicant shall annex project into the City's Landscape and Lighting District. 28 . The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17 .94 . The Master PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 22 , 1990 Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 29. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 30. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 31. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a loading space as required by the City' s Municipal Code. 32 . A six-foot (61 ) high masonry wall shall be constructed along the north side property line and shall conform to Section 17 . 14 . 080 (Fences and Walls) , subject to the approval of the Community Development Director. Said wall shall be constructed of the split-face masonry to match the masonry of building. In lieu of the construction of said wall applicant shall provide to the City a guarantee of funds sufficient to construct said wall in a manner approved by the City Attorney. 33 . Trailers utilized during construction shall be approved by Planning Division. 34 . On-site surface drainage shall not cross sidewalks. 35. Any additional required dedications for public right-of-way shall be provided for on site plan. 36. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Department Conditions: 37 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 38 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 165, Chapter 16. 34, Resolution No. 85-26) . 39 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 40. If the existing street improvements are to be modified, existing street plans on file shall be modified PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 22 , 1990 accordingly and approved by the City Engineer prior to issuance of building permit. an encroachment permit will be required to do the work. 41. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 42 . All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. -� 43 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 44 . Contribute $100. 00 towards the City's Master Entryway Sign Program. 45. Developer shall contribute $3 , 900. 00 towards the design and construction of a traffic signal at Central and Collier. This development will increase traffic at the intersection at least 3% and should contribute 3% towards construction. 46. Meet all requirements of Chapter 15. 68 of the Municipal Code regarding floodplain management. 47. Meet all requirements of Chapter 15. 64 of the Municipal Code regarding flood hazard regulations. 48 . Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit. 49 . Applicant shall comply with all Conditions of approval .... for Parcel Map 21297 that apply to this site. The conditions shall be complied with at building permit stage if not completed when the Parcel Map was recorded. County Fire Department Conditions: 50. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 51. Provide or show there exists a water system capable of delivering 2500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 52 . A combination of on-site and off-site super fire hydrants, on a looped system (6"X4"X2-1/2"X2-1/2") , will be located not less than 25 feet or more than 165-feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 53 . Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department" . 54 . The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 55. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s) . A statement that the building(s) will be automatically fire spinklered must be included on the title page of the building plans. 56. Install a supervised water flow fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. 57 . In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. 58 . A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 59 . Occupancy separation will be required as per the Uniform Building Code, Section 503 . 60. Certain designated areas will be required to be maintained as fire lanes. 61. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 62 . Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of 1$413 . 00 to the Riverside County Fire Department for plan check fees. 63 . Final conditions will be addressed when building plans are reviewed in Building and Safety. 53 . County-wide Park Assessment District. Community Services Director Watenpaugh advised that this is a measure County Parks Department has been working on for some time, and that it would offer a number of possible benefits to the City. Possible uses might be assistance in the Stephen's Kangaroo Rat Habitat areas and a regional park in the floodplain. City Manager Molendyk further clarified that this would be an approval in concept and a future study session would be scheduled to review the proposal. Councilman Dominguez requested clarification that this was only support of the proposal. City Manager Molendyk advised that this was the question of placing the ballot measure on the 1990 ballot or the 1992 ballot. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 22 , 1990 Councilman Winkler commented that postponement of this item until the 1992 election would be too long, because land costs will be increased. He also commented on the request before LAFCO to allow the Ortega Trails Recreation and Park District to encompass Wildomar and the potential for City residents to be assessed twice via the Park District and via this proposed County-wide District. He suggested that the City give conditional support for the 1990 ballot, but withdraw for further review if LAFCO approves the Park District annexation as proposed. MOVED BY WINKLER, SECONDED BY WASHBURN TO SUPPORT THE PROPOSED BALLOT MEASURE FOR THE 1990 BALLOT CONDITIONED AS MENTIONED ABOVE �..r WITH REGARD TO THE LAFCO HEARING ON THURSDAY. 54 . Designation of Southern California Joint Powers Authority Director and Alternate. After discussion, Council concurred to reappoint Councilman Winkler as the Director and Mayor Washburn as the Alternate. BUSINESS ITEMS 55. Second Reading - Ordinance No. 891. Relating to the Pardee-Grossman/Cottonwood Canyon Development Agreement. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 891: ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56. Second Reading - Ordinance No. 893 . Relating to Zone Change for Partin Development. MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 893 : ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, 'w WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 22 , 1990 CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Dominguez commented on a seminar Council attended in Lake Arrowhead and his contacts with other City officials. He complimented staff and Council for the way this City is addressing problems and mitigating concerns that other cities have not dealt with. Councilman Starkey reminded the public of the upcoming Frontier Days Rodeo Events during the Memorial Day Weekend. Councilman Winkler commented on an article in the Press-Enterprise with regard to the lack of local distribution centers for food stamps. He requested that staff continue to pursue options to solve this problem. Councilman Buck reminded residents of the upcoming Chili Cookoff at City Park on June 9, 1990 ; which is sponsored by Golden Spectrum, AARP and NARFE. Mayor Washburn requested that in cases where Council has reached consensus on an item, staff work with department heads to develop a policy for reconsideration requiring 4/5ths vote to reconsider. Mayor Washburn also commented that the work on the downtown area is underway beginning with Gediman Park. CLOSED SESSION OWN- None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9 : 59 P.M. J GARY M. WASHBURN, MAYOR CITY LAKE ELSINORE A TEST: 9 r VICKI X SAD, Y CLERK CITY OF LAKE ELSINORE CORRECTED COPY MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 12, 1990 i CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS Arta Valenzuela, representing the Chamber of Commerce, reminded the Community of the July 4th Fireworks display and the need for additional funds. She also detailed the adopt a firework program -- being used this year. PRESENTATIONS/CEREMONIALS B. Presentation - Ellen Todd, Downtown Design Review Committee. Councilmembers Dominguez and Buck presented Ms. Todd with a City Tile Plaque and thanked her for her service and time on this committee. C. Proclamation - Amateur Radio Week - Doc Savage. Mayor Washburn read the Proclamation recognizing Amateur Radio Week and presented it to Doc Savage. He also commented on the world wide efforts of Ham Radio operators. CONSENT CALENDAR The following items were pulled for further discussion and consideration: Item No. 19 . MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. May 22 , 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. May 16, 1990 - Lake Elsinore Planning Commission. PAGE TWO - CITY COUNCIL MINUTES - JUNE 12 , 1990 2 . Received and ordered filed the Building Activity Report for May, 1990. 3 . Received and ordered fil"ed the Code Enforcement Activity Report for May, 1990. 4 . Received and ordered filed the Structure Abatement Activity Report for May, 1990. 5. Received and ordered filed the Investment Report for May, 1990. 6. Ratified Warrant List for May 31, 1990. 7. Rejected and referred to Claims Administrator the Claim submitted by Colich & Sons (CL #90-15) . 8 . Rejected and referred to Claims Administrator the Claim submitted by Betty Rasmussen (CL #90-16) . 9 . Rejected and referred to City Attorney the Claim submitted by David D. Kromer (CL #90-17) . 10. Authorized staff to proceed with the Pepsi Playpark Application and Authorized the Community Services Director to sign the application as the City' s contact. 11. Approved Letter of Opposition to Assembly Bill 2879 (Cortese) , and authorized the Mayor to sign for transmittal. 12 . Approved 1990 91 Appropriation Limit of 9 940 902 and adopted Pp / $ � � P Resolution No. 90-50. RESOLUTION NO. 90-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1990/91 CONSISTENT WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. 13 . City-wide Lighting & Landscaping Maintenance District - Adopted Resolution Nos. 90-51 through 90-53 Approving the Engineer' s Report, Authorizing Preparation of Plans & Specs, and Establishing a Public Hearing Date of July 24, 1990. RESOLUTION NO. 90-51 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 90-52 A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 90-53 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR PAGE THREE - CITY COUNCIL MINUTES - JUNE 12 , 1990 CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 14 . Accepted the Right of Entry Permit for Railroad Canyon Road from E.V.M.W.D. and authorized the City Clerk to record same. 15. Authorized Advertisement for Planning Commission Applications to be accepted through June 27 , 1990. 16. Approved Final Parcel Map 24752 for the North side Casino Drive, south of Railroad Canyon Road, and authorized the City Clerk to sign. 17 . Approved Final Tract Map 24856 for the area West of Robb Road, North of Mountain Avenue and South of Running Deer Street and authorized the City Clerk to sign. Accepted dedication of Underground Water Rights, Lots A through G. and the 30 foot wide drainage easement and record with final map and accepted the Memorandum of Agreement for construction and authorized the City Clerk to sign. 18 . Approved First Amendment to Construction Agreement Addendum for Tract 18719-1 and authorized the City Clerk to sign and record. 20. Accepted Notice of Completion for Lakepoint Park Athletic Lighting Project. 21. Accepted Dedication of Additional Right of Way at the following locations: 29600 Nichols;29740 Denny Drive; Realty Center; , and 16364 Stevens 22 . Accepted Quitclaim Deeds for Water Rights at the following locations: 29740 Denny Drive; and Chaney St. - APN #377 150 004 23 . Approved Public Hearing date of June 26, 1990 for the following: a. Recovery of Costs for Demolition of Structure at 18520 Collier. b. Adoption of Short-Term Habitat Conservation Plan for the Stephens ' Kangaroo Rat; to concur with the County' s certification of environmental impact report for the Section 10 (a) permit to allow incidental take of the endangered Stephens ' Kangaroo Rat in Riverside County; to adopt the implementation agreement and to adopt the agreement regarding allocation of taxes. C. City of Lake Elsinore Budget for Fiscal Year 1990-91. 24 . Approved Public Hearing date of July 10, 1990 for the following: —' a. Consideration of the Granting of an additional Cable Franchise to Jones Intercable of San Diego. ITEMS PULLED FROM THE CONSENT CALENDAR 19 . Acceptance of Notice of Completion for Main Street Flint to PAGE FOUR - CITY COUNCIL MINUTES - JUNE 12 , 1990 Sumner Landscape Improvements. Councilman Buck expressed concern with the acceptance of this project in that the grass was dying in portions of this project and questioned whether this would authorize the final payment. Public Services Director Kirchner advised that there is a 90 day maintenance clause in the bid and this problem will be corrected before the final payment is released. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION. PUBLIC HEARINGS 31. Specific Plan 90-1, Zone Change 90-5, E. I.R. 90-1 and Commercial Pro-iect 90-6 - McArthur/ Glen Group. A request to approve the Lake Elsinore Outlet Center Specific Plan, a Zone Change from Commercial Manufacturing to Specific Plan, and Design Review of a 284 , 000 square foot commercial shopping center located immediately southwest of the Interstate 15, approximately 500 feet east of the Nichols Road interchange. Resolution No. 90-54 and Ordinance No. 896. Community Development Director Gunderman detailed this project and explained the current signage proposal. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 15 p.m. asking those in favor of this item to speak. The following person spoke: Kenny Smith, representing the applicant, gave a brief history of the pursuit of a location for this project and his work this far with the City. He stressed the need for an appropriate location and high volume of traffic to support this type of center. He requested favorable consideration. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7 : 20 p.m. Councilman Buck questioned the impact of this project on the proposed future regional mall in the floodplain area. Mr. Smith explained that the impact on the regional mall would be minimal , because that type of mall would have the advantage of increased variety. Councilman Buck expressed concern with the lack of conditions relating to freeway landscaping. Mayor Washburn suggested that since the master plan for that program has not been determined this may not be the appropriate time to condition the applicant. City Manager Molendyk further explained that due to the increased visibility of this freeway intersection, it would be more appropriate to consider this area after the other three corner development plans have been determined. Council discussion related to the need to draw this type of development to the City and the need to assist them to a point to promote development. tir City Manager Molendyk complimented the applicant and staff for working to fast-track this project with positive results. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 0 PAGE FIVE - CITY COUNCIL MINUTES - JUNE 12 , 1990 WITH WASHBURN ABSTAINING TO CERTIFY ENVIRONMENTAL IMPACT REPORT 90-1 AND ADOPT RESOLUTION NO. 90-54: RESOLUTION NO. 90-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE LAKE ELSINORE OUTLET CENTER (MCARHTUR/GLEN GROUP) . APPROVE SPECIFIC PLAN 90-1 AND ZONE CHANGE 90-5 AND ADOPT ORDINANCE NO. 896: ORDINANCE NO. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO (MCARTHUR/GLEN GROUP) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN AND APPROVE COMMERCIAL PROJECT 90-6 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings - Specific Plan 90-1 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are described in the Lake Elsinore Outlet Center Environmental Impact Report. 2 . This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. Impacts of the Lake Elsinore Outlet Center Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of shopping opportunities to the City, the anticipated increase in local government revenues and infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. 3 . The Lake Elsinore Outlet Center Specific Plan meets the Specific Plan criteria for content and systematic -- implementation of the General Plan established by Section 65450 of the California Government Code and Section 17 . 99 of the City of Lake Elsinore Municipal - Code. Unless otherwise specified in the Final Specific Plan the regulations provided in the City Zoning Code shall apply. Approval of the Specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, PAGE SIX - CITY COUNCIL MINUTES - JUNE 12 , 1990 except in those areas where the Specific Plan expressly regulates a use. 4 . The Lake Elsinore Outlet Center Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of approval. Findings - Zone Chancre 90-5 now 1. The proposed amendment will not be detrimental to the health, safety, comfort, or general welfare of the person residing or working within the neighborhood of the proposed amendment or within the City, injurious to property or improvements in the neighborhood or within the City. 2 . The proposed amendment is consistent with the General Plan. 3 . The proposed amendment is consistent with Section 17 . 99 as it implements the Lake Elsinore Outlet Center Specific Plan. Findings = Commercial Project 90-6 1. The project implements the plans and design guidelines of the Lake Elsinore Outlet Center Specific cific Pla n 90-1. 2 . The project, as approved, complies with the goals and objectives of the General Plan and the Zoning District in which the project is located. 3 . The project complies with the design directives contained in Section 17 . 82 . 060 and all other applicable provisions of the Municipal Code. 4 . Conditions and safeguards pursuant to Section 17 . 82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Conditions = Specific Plan 90-1 1 . The view study in the Specific Plan shall be refined to show the visibility of the project' s roof and roof top equipment. From this a detail for screening shall be prepared and approved by the Community Development Director. Consideration shall be given to such things as single color for roof top mechanical equipment and appurtenances, and/or parapet wall height variations. 2 . All wood fencing and gates shall be presented in a detail for the review and approval of the Community ft"W Development Director. 3 . Architectural details shall be prepared and approved by the Community Development Director to improve PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 12, 1990 visual quality of the roof and parapet wall treatment. This will take into account the wall-like character of these features and their exposure to freeway view. To the degree there is prominent views of these features, additional architectural treatment may be required. 4 . The freeway oriented, freestanding sign shall have an architectural character integrated with the buildings. 5. The southern, main entrance driveway throat shall be redesigned to improve pedestrian access to the main entrance and reduce conflict between pedestrians and vehicles. 6. The statement claiming the City will incur all public improvements costs, shall be removed from the Specific Plan document. 7 . A wetlands area maintenance plan shall be prepared and approved by California Department of Fish and Game and the Community Development Director. 8 . The building separations shall be improved for emergency access, subject to the approval of the Fire Department. 9 . Prior to issuance of building permits for Phase II the Collier Road Realignment E.I.R. shall be completed and certified by the City. 10. All freestanding signs and signs on the exterior walls of the building shall require the approval of the Community Development Director or his designee to assure compliance with the sign specifications of the Specific Plan. 11. The six (6) acre site, shown as Phase III shall be consistent with the Specific Plan and subject to the Design Review process. 12 . A wall of decorative block masonry shall be erected on the easterly boundary by the developer, in accordance with City requirements, and subject to the review and approval of the Community Development Director. 13 . The freeway oriented sign shall be subject to additional Design Review with respect to its enhancement and possible reduction of the height. Enhancement of the towers and the adjoining building parapets shall also be evaluated. Planning Department Conditions - Commercial Project 90-6 1. Design review approval for the Lake Elsinore Outlet Center will lapse and be void unless building permits for Phase I are issued within one (1) year from the date of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2 . Site improvements shall be constructed for each Phase as indicated on the approved plot plan and PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 12 , 1990 elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. Minor changes, to such things as the footprint of Phase II, may be approved by the Community Development Director. 3 . Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. NOW 4 . Buildings shall be constructed a depicted on plans or as modified by the Community Development Director or his designee. 5. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. These revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 6. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site ' s rough grading, as approved by the City Engineer. 7 . A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 8 . This project shall be consistent with the Lake Elsinore Outlet Center Specific Plan and all applicable City Codes and Ordinances. 9 . No outdoor storage shall be allowed for any tenant. 10. Trash enclosures shall be constructed per the approved Specific Plan and City standards as approved by the Community Development Director. 11. Exterior roof ladders shall not be permitted unless required by the U.B.C. 12 . The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 13 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Screening shall be subject to review and approval by the Community Development Director. PAGE NINE - CITY COUNCIL MINUTES - JUNE 12, 1990 14 . All outdoor ground or wall mounted utility equipment shall be consolidated in a Central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 15. All exterior downspouts shall be painted to match the building color. "— 16. Any proposed metal mailboxes shall be treated to blend with the Center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 17 . Bicycle racks shall be provided in the proximity of major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 18 . The detailed landscaping/irrigation plan, consistent with the Lake Elsinore Outlet Center Specific Plan, is to be reviewed and approved by the Community Development Director or his designee. Where applicable these plans shall be consistent with the City' s Landscape Guidelines. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) All planting areas shall be separated from parking areas with a six-inch (611) high and six-inch (611) wide concrete curb. c) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . d) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan an screened as part of the landscaping plan. e) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. f) Final landscape plans to include planting and irrigation details. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All graded and/or disturbed areas in Phase II and III shall be landscaped to prevent erosion. These areas shall be irrigated until the plant materials are established. i) Any soil stock piling shall have a maximum height of ten (10) feet, and shall be contoured so it can be landscaped as per Condition No. 18 .h. PAGE TEN - CITY COUNCIL MINUTES - JUNE 12 , 1990 19. All undeveloped lots or portions of the site shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer as necessary to meet the approval of the Community Development Director until such time as these lots are built-out. 20. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 21. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . 22 . All loading zones shall be clearly marked. 23 . Trailers utilized during construction shall be approved by Planning Division. 24 . On-site surface drainage shall not cross sidewalks in public right-of-way. 25. Public Transit facilities shall be provided as approved by the Community Development Director or his designee. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Department Conditions 27 . While recognizing the Redevelopment Agency has agreed to provide all public improvements, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 28 . Dedicate appropriate right-of-way on Collier Avenue to provide for a one hundred (100) foot right-of-way prior to issuance of building permits. 29 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 30. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 31. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Municipal Code 16.20) . 32 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . PAGE ELEVEN - CITY COUNCIL MINUTES - JUNE 12, 1990 33 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 34 . The project, as prescribed in the Owner Participation Agreement (OPA) for this project, shall construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . 35. The project, as prescribed in the OPA for this project, shall pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12. 08 and Resolution No. 83-78) . 36. The project, as prescribed in the OPA shall make arrangements for relocation of utility company facilities (power Poles, vaults, etc. ) out of the roadway or alley. 37 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 38 . The project, as prescribed in the OPA shall provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 39 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Submit Hydrology and hydraulic Reports for review and approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. Riverside County Flood Control Will review and approve the Hydrology and Hydraulic Report for Arroyo Del Torro drain. 42 . All drainage facilities shall be constructed to Riverside county Flood Control District Standards. 43 . Contribute $4 , 000 towards the City' s Master Entryway Sign Program. 44 . Applicant shall obtain all necessary off-site easement for off-site grading from the adjacent property owners prior to issuance of grading permit. 45. Meet all requirements of Chapter 15. 68 of the Municipal Code regarding floodplain management. 46. Meet all requirements of Chapter 15. 64 of the Municipal Code regarding flood hazard regulations. 47 . Prior to issuance of building permits for Phase II, a hydrological analysis of the planned grading and its effect on the 100-year floodplain boundaries PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 12 , 1990 designated by FEMA shall be completed and approved by the City of Lake Elsinore. CityFof any shall Floodplainthe analysis and advise boundary changes. 48 . The onsite stormwater collection system should be designed in accordance with the standards and requirements established by the City of Lake Elsinore. The system should be adequately sized to control both the stormwater generated onsite plus the 100-year storm flows conveyed under Interstate 15 by the existing corrugated metal pipes (CMPs) and RCBs. 49 . The project as prescribed by the OPA shall contribute a pro-rata share of funding for the installation of traffic signals at the intersections of Collier Avenue/Central Street, Collier Avenue/Riverside Drive, Central Street/I-15 Ramps, Nichols Road/Collier Avenue, Nichols Road/I-15 Ramps. An agreement on the amount of funding between the developer and the City shall be reached prior to the issuance of the Certificate of Occupancy permits. 50. The project, as prescribed in the OPA shall contribute $122 , 630 for the design and construction of half a median on Collier along abutting property line. 51. The project, as prescribed by the OPA shall agree to participate in and join the Northwest Sewer Assessment District. 52 . Provide Soils, Geology and Seismic report including street design recommendations. Provide final soils report showing compliance with preliminary and finish grade certification. 32 . Annexation No. 53 and Zone Change 90-4 - South Lake Estates ..� Joint Venture. A request to pre-zone to R-1, to annex into the City of Lake Elsinore and de-annex from the Ortega Trails Recreation and Park District on a 29 . 5 acre parcel located on the east side of Stoneman and the south side of the current City limits. Resolution Nos. 90-55 and 90-56 and Ordinance No. 895. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 31 p.m. , asking those in favor of this annexation to speak. The following person spoke: John Elmajian, Wesco Homes, representing the applicant, requested Council approval. Mayor Washburn asked those in opposition to speak. The following people spoke: Ken Stoller, resident of Stoneman Street since 1922, expressed concern with the increase in traffic and development that would be occuring in this area. He also expressed concern with the impact of the population increase on the affected schools and the proposed quality of the development. PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 12 , 1990 Lorraine Moyer, expressed concern with the development because the increased population would impact her ability to ride and keep horses on her property. She also expressed concern with the increased traffic and danger to children. Geraldine Watson, expressed concern with the population growth which would eventually impact her husband's ability to park his "big rig" on their property or on the street. •— John Elmajian advised that they would be building projects compatible to the three other new tracts in that area. Ken Stoller cautioned the Council that promises made by developers are not always upheld. Mayor Washburn closed the public hearing at 7: 43 p.m. City Manager Molendyk advised the residents present that the City carries higher standards than the County and requires a certain level of performance on the part of the developer. Mayor Washburn clarified that this is the initiation of the annexation procedure and many of these concerns could be addressed at the tentative map stage. Councilman Starkey commented to the residents that this Council is willing to listen to existing property owners and work out solutions with the developers. Councilman Winkler advised that this traffic area is similar to the Grand/Macy intersection and should be reviewed accordingly. He also elaborated on the ability of the City to condition projects to maintain high quality. --- MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION NO. 90-12 ; APPROVE ANNEXATION NO. 53 AND ADOPT RESOLUTION NO. 90-55: RESOLUTION NO. 90-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 53 - SOUTH LAKE ESTATES JOINT VENTURE. APPROVE ZONE CHANGE 90-4 AND ADOPT ORDINANCE NO. 895: ORDINANCE NO. 895 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 29 . 5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R-R) TO SINGLE-FAMILY RESIDENTIAL (R-1) - (SOUTH LAKE ESTATES JOINT VENTURE) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE FOURTEEN - CITY COUNCIL MINUTES - JUNE 12 , 1990 AND APPROVE DE-ANNEXATION FROM THE ORTEGA TRAILS PARK AND RECREATION DISTRICT AND ADOPT RESOLUTION NO. 90-56 BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 90-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A PROPERTY TAX TRANSFER BETWEEN THE CITY OF LAKE ICTL(ORTEGA AND TRAILS) . (SOUTHNORE LAKERECREATION PARKS DISTR ESTATESJ INT VENTURE) . Findings = Zone Change 90-4 1. The project will not have a significant impact on the environment. 2 . The project is consistent with the General Plan Land Use designation. 3 . The project is consistent with the pattern of recent approvals in the area. Findings - Annexation No. 53 1. The project will not have a significant impact on the environment. 2 . The project is within the City's Sphere of Influence and abuts the City limits. Therefore, the request is a logical extension of the City limits. 3 . The project will provide the necessary public services to allow development. Findings - De-Annexation ... 1. The City is the owner and operator of all parks within the City. 2 . The City has initiated a detachment, of all areas within the City and future annexations to the City, from the District. 3 . The City has determined the transfer of tax revenues would eliminate duplication and be in the best interest of City residents. 33 . Conditional Use Permit 90-4 - Lake Elsinore Christian Fellowship Morris & Morris) . An appeal of Planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. Community Development Director Gunderman advised that this item should be removed from the agenda. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO REMOVED THIS ITEM FROM THE AGENDA. 34 . Brighton Homes Development Agreement. ..� MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JUNE 26, 1990. PAGE FIFTEEN - CITY COUNCIL MINUTES - JUNE 12, 1990 BUSINESS/DISCUSSION ITEMS 51. Community Facilities District 88-3 . Resolution No. 90-57 . Administrative Services Director Wood advised that the proposed resolution resets the election day to July 31st. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-57. RESOLUTION NO. 90-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE POSTPONING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS. BUSINESS ITEMS 52 . Second Reading - Ordinance No. 892 . Relating to the Development Agreement with L.D. Johnson Company for the Ramsgate Development. MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 892 : ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE -- APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER CITY MANAGER COMMENTS City Manager Molendyk gave a brief update on the progress of the Railroad Canyon Road Improvement Project. He suggested that a more detailed report be provided at the next City Council Meeting. CITY COUNCIL COMMENTS Councilman Buck commented on the Chili Cookoff held on June 9, 1990, and advised that T-Shirts commemorating the event are still available. Councilman Buck expressed concern with pending street right of way agreements on Fraser Street. City Attorney Harper advised that discussions are continuing and he will keep the Council updated. Councilman Winkler requested future consideration of the Countywide Parks Assessment District and a list of potential projects it could be used to fund. Councilman Winkler advised that he would be contributing a portion of his surplus campaign funds to the July 4th Fireworks Display fund. PAGE SIXTEEN - CITY COUNCIL MINUTES - JUNE 12 , 1990 Councilman Dominguez commented on recent events such as the Manny' s Restaurant Groundbreaking, County Administrative Center opening in Temecula and the Installation of the Wildomar Chamber of Commerce officers. Councilman Starkey stressed the need for additional funds for the July 4th Fireworks Fund. A. Introduction of New Rodeo Queen. Mayor Washburn advised that Miss Rodeo Queen Jennifer Carter had arrived. He congratulated her on this honor and on the Miss Chili Pepper title and presented her with a key to the City. "OW CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8 : 00 P.M. I)OW GARY WASHBURN, MAYOR CIT F LAKE ELSINORE AT EST: VICKI KA AD, C T CLERK CITY OF LAKE ELSINORE ..w MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 26, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER Also present were: City Manager Molendyk, Assistant City Manager ` Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS None. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5 and 10. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. June 12 , 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. June 6, 1990 - Lake Elsinore Planning Commission. 2 . Received and ordered filed the Animal Control Activity Report for May, 1990. 3 . Ratified Warrant List for May 30, 1990. I 4 . Rejected and referred to Claims Administrator the Claim ` submitted by Jeffrey Edenfield. 6. Authorized City Engineer to Apply for and Accept BLM Grants on behalf of the City and Adopted Resolution No. 90-59 . PAGE TWO - CITY COUNCIL MINUTES - JUNE 26, 1990 RESOLUTION NO. 90-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO GRANT AUTHORIZATION TO THE CITY ENGINEER TO APPLY FOR AND ACCEPT GRANTS THROUGH THE BUREAU OF LAND MANAGEMENT ON BEHALF OF THE CITY OF LAKE ELSINORE. 7 . Authorized Various City Staff Members to file Small Claims Actions on behalf of the City. Adopted Resolution No. 90-60. RESOLUTION NO. 90-60 New A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING AUTHORIZED REPRESENTATIVES TO PROSECUTE SMALL CLAIMS COURT COLLECTION ACTIONS IN THE NAME OF THE CITY OF LAKE ELSINORE. 8 . Approved D.B.A. Request to Close Main Street - August 11, 1990, from 5: 00 p.m. to 9: 00 P.M. from Graham to Peck for the "Hot August Night-Sizzling Summer Sidewalk Sale" with the condition that the D.B.A. pay any costs incurred by the City related to set up and clean up. 9 . Approved Final Parcel Map 24751 - South side of Collier Avenue and east of Central Avenue. ITEMS PULLED FROM CONSENT CALENDAR 5. County-wide Park Assessment District. Resolution No. 90-58. Councilman Starkey advised that his constituents have questioned the need to be a part of this district when the City already provides and maintains adequate park facilities. City Manager Molendyk clarified that this District would provide for regional parks, open space maintenance, wetland wow facilities, etc, and detailed the types of assistance which could be gleaned from this proposal. He also explained that this matter will be on the November, 1990 ballot for ratification by the voters. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 90-58 : RESOLUTION NO. 90-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INCLUSION IN THE CREATION OF THE RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT. 10 . Set Public Hearing Date of July 19 , 1990 for the following: a. Surface Mining and Reclamation Ordinance _ City of Lake Elsinore. A request to approve a Surface Mining and Reclamation Ordinance in order to implement the Surface Mining and Reclamation Act of 1975. Adoption of this Ordinance is required before the City can approve reclamation plans for surface mining operations. Mayor Washburn clarified that this item should be advertised for July loth instead of July 19th. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO SET PUBLIC HEARING DATE OF JULY 10, 1990 FOR THE ABOVE MENTIONED ITEM. PAGE THREE - CITY COUNCIL MINUTES - JUNE 26, 1990 PUBLIC HEARINGS 31. General Plan Amendment 90-1 & Zone Change 90-2 - Pentagon Development & Hunsaker & Associates. A request to amend the General Plan Land Use Designation from Neighborhood Commercial to High Density Residential and to change the zoning from Commercial Park (C-P) District and Neighborhood Commercial (C-1) District to High Density Residential (R-3) District. Continued from May 22 , 1990. Resolution No. 90-61. City Manager Molendyk advised that the applicant has requested a continuance, in that he is currently detained on Ortega Highway due to a fire related road closure. Council questioned their ability to open the hearing and take public testimony this evening. City Attorney Harper advised that there are some problems with this suggestion. He expressed concern with hearing the item without input from the applicant; and with the absence of two Councilmembers and their ability to hear the testimony. He reminded Council that should this item be continued to a later date, the opening of the hearing tonight would preclude further independent discussions by Council with the residents. After further discussion, it was the consensus of the Council to open the public hearing. The City Clerk reported on written comment in opposition and five written comments in support, and noted that this was in addition to correspondence previously submitted and supplied in the agenda packet. Mayor Washburn opened the public hearing at 7 : 24 p.m. asking those in favor of this item to speak. The following person spoke: Cappy Carpenter, 16755 Grand Avenue, advised that she is in favor of this project and reiterated the points of her June 21, 1990 letter to Council. Mayor Washburn asked those in opposition to speak. The following people spoke: Alan Manee, representing the affected residents, submitted a letter with signatures of 131 residents and addressed the points commented on by Mrs. Carpenter. He advised that in his opinion the quorum present should proceed with the denial of this request. He further advised that he feels this consideration has been delayed too many times already. Jack Empson, 32825 Macy Street, expressed concern with traffic circulation and access to this area. He also commented that signatures of County residents should not be considered as input to this project. The public hearing remained open and discussion returned to the Council table. Councilman Buck advised that in his opinion the commercial type development this neighborhood seems to want would severely multiply the traffic problems of the area. He also advised that he feels there is an opportunity to work this out between the developer and the residents; and that he would have liked to work with them, but this consideration as _ ONNOMENNEEM PAGE FOUR - CITY COUNCIL MINUTES - JUNE 26, 1990 precluded his involvement. He suggested that a property ownership situation might be more desirable with density similar or slightly higher than the existing neighborhood. He also reminded the residents that the developer has already agreed to provide the needed traffic signal, and build a quality project. Councilman Starkey agreed with Councilman Buck' s comments and expressed concern that there had been limited willingness on the part of the neighborhood to work with the developer. nowMayor Washburn commented that it is unfortunate that the Council has now been removed from the discussions based on this consideration. He also reminded the residents that the City Council to date has not seen a plan for the proposed project and this consideration is strictly for zone change and general plan amendment. He expressed concern that this would not be a fair consideration, if Council made a decision without the applicant' s input, particularly when he has been detained for reasons out of his control. He suggested that it appears discussions are heading in a similar direction, but he feels it is necessary to continue this item at this time. Mr. Manee suggested that the law does not guarantee a property owner the right to develop, only the right to apply to develop. He expressed concern that the Council might be showing undue favoritism to the developer in this case. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JULY 24, 1990. 32 . Brighton Homes Development Agreement. Continued from June 12 , 1990. Ordinance No. 890. Community Development Director Gunderman detailed this agreement and the most recently negotiated changes. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 50 p.m. asking those in favor of this agreement to speak. The following person spoke: Ken Meddock, Brighton Homes, Director of Development, further detailed the most recent changes to the agreement and commented on the fees and timing associated with the golf course. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7 : 57 p.m. Councilman Buck questioned the fee relating to the golf course which was shown on a scale of $1, 000 - $2 , 000 - $3 , 000 and he remembered discussion $2 , 000 - $3 , 000 - $4, 000. Mr. Meddock explained the logic based on acceleration of the golf course development. Mayor Washburn commented on the new verbiage for the paragraph relating to the Kangaroo Rat. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE DEVELOPMENT AGREEMENT WITH THE AMENDED VERBIAGE ON THE K-RAT AND ADOPT ORDINANCE NO. 890: ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, PAGE FIVE - CITY COUNCIL MINUTES - JUNE 26, 1990 APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER ABSTAIN: COUNCILMEMBERS: NONE City Manager Molendyk advised that before the K-Rat Plan discussion, King Video has prepared a tape of the current status of the Railroad Canyon Road project which is currently experiencing a slight delay caused by the K-Rats in the area. KING VIDEOCABLE SHOWED THE TAPE OF THE CURRENT STATUS OF RAILROAD CANYON ROAD. 33 . Stephens ' Kangaroo Rat Short Term Habitat Conservation Plan. EIS/EIR for Section 10 (a) Permit; Implementation Agreement; Agreement regarding Allocation of the Take and Memorandum of Understanding. Resolution No. 90-62 . Hardy Strozier, Planning Consultant, detailed the documentation and required Council action. Mayor Washburn questioned the County hearing date. Community Development Director Gunderman advised that the County hearing on June 29th is regarding a revision to the overall plan. Said revision has been included in the plan being considered tonight. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8 : 13 p.m. asking those in favor of the plan to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 8: 14 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE SHORT TERM HABITAT CONSERVATION PLAN FOR THE STEPHENS KANGAROO RAT AND ADDENDUM AND MODIFICATION DATED MAY 22 , 1990; ADOPT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SECTION 10 (a) PERMIT TO ALLOW THE INCIDENTAL TAKE OF THE ENDANGERED STEPHENS ' KANGAROO RAT IN RIVERSIDE COUNTY; ADOPT THE IMPLEMENTATION AGREEMENT; ADOPT THE AGREEMENT REGARDING ALLOCATION TAKE; ADOPT THE MEMORANDUM OF UNDERSTANDING AND ADOPT RESOLUTION NO. 90-62 : RESOLUTION NO. 90-62 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR A PERMIT TO ALLOW INCIDENTAL TAKE OF STEPHENS ' KANGAROO RATS IN THE CITY OF LAKE ELSINORE, ADOPTING THE FINAL ENVIRONMENTAL IMPACT STATEMENT AND ENVIRONMENTAL IMPACT REPORT FOR THE PERMIT APPLICATION PROJECT AND APPROVING THE FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS. 34 . 1990-91 Budget Hearing. Resolution No. 90-63 . PAGE SIX - CITY COUNCIL MINUTES - JUNE 26, 1990 City Manager Molendyk detailed the proposed 1990-91 Budget which consists of General Fund expenditures in the amount of $8, 364, 000 and available revenues and carry-over funds in the amount of $9, 171, 300; and Capital Improvements and Restricted Funds in the amount of $4, 154, 000 and available revenues and carry-over funds of $5, 636, 900. Councilman Buck, member of Council Finance Committee commented that he feels the Community will see and appreciate many of the projects included in this year's budget, and that this budget will move the Community forward. Councilman Starkey questioned the law enforcement service levels. Captain Reynolds advised that it is currently 1. 0 to 1. 2 per 1, 000 residents. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8: 29 p.m. asking those persons wishing to speak on the budget to speak. No one spoke. Mayor Washburn closed the public hearing at 8 : 29 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE 1990-91 FISCAL YEAR BUDGET AND ADOPT RESOLUTION NO. 90-63 : RESOLUTION NO. 90-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1990/91 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. 35. Recovery of Expenditures for the demolition of 18520 Collier Street. Community Development Director Gunderman detailed this action and the background of the demolition. He also explained the i options for recovery of costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8: 30 p.m. asking those persons interested in this item to speak. Hearing no one the public hearing was closed at 8 : 30 p.m. After discussion, Council concurred to place a special assessment and lien against the property for recovery of costs. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER THE PERTINENT COSTS AND INTEREST ACCRUED THEREON. BUSINESS/DISCUSSION ITEMS 51. Rancon, Freeway Landscaping. MEW Continued from June 12 , 1990. Community Development Director Gunderman reminded Council of its previous considerations and actions with regard to this project. He requested Council direction to proceed with the overall landscaping plan and Council 's consideration of the PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 26, 1990 plan outline by the applicant. Mayor Washburn advised that he has no problem with staff's recommendations. Council concurred. Mayor Washburn inquired whether the final wording would return to Council for review. City Attorney Harper advised that once the wording is formulated for this condition it could return on the Consent Calendar for approval. Fred Crowe, Butterfield Engineering, representing the applicant requested clarification of Council 's proposal. Mayor Washburn explained that staff would work to re-write the condition and return for review. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO PROCEED WITH THE RE-WRITE OF THE ABOVE MENTIONED CONDITION. COMMUNITY DEVELOPMENT DIRECTOR GUNDERMAN ADVISED THAT THE SPECIFIC PLAN REQUEST OF BRIAN WEISS, ORIGINALLY ADVERTISED FOR THIS DATE HAD BEEN WITHDRAWN BY THE APPLICANT. 52 . Time extension for Tentative Parcel Map 23381 (K-Mart). Proposed Extension for 90 days. Community Development Director Gunderman detailed this request and some of the problems that have been encountered in working with the applicant thus far. These included poor landscape maintenance, outward appearance of the store, outdoor storage of excess merchandise, etc. For this reason he recommended granting of a 30 day extension with review at that time for further extensions. Leonard O'Byrne, Camelot Properties, representing the applicant advised that they would be agreeable to the 30 day extension subject to review. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE A 30 DAY EXTENSION OF TIME. BUSINESS ITEMS 53 . Second Reading - Ordinance No. 895. Relating to the Zone Change for South Lake Estates Joint Venture. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 895: ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 29 .5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R-R) TO SINGLE-FAMILY RESIDENTIAL (R-1) (SOUTH LAKE ESTATES JOINT VENTURE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DOMINGUEZ, WINKLER PAGE EIGHT - CITY COUNCIL MINUTES - JUNE 26, 1990 ABSTAIN: COUNCILMEMBERS: NONE 54 . Second Reading - Ordinance No. 896. Relating to the Lake Elsinore Outlet Center Specific Plan - McArthur/Glen Group. MOVED BY BUCK, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 896: ORDINANCE NO. 896 wow AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. Mayor Washburn asked City Attorney Harper, since he needed to abstain from vote on this item, whether it could be approved. City Attorney Harper advised he could not vote and the item would need to be continued to the next meeting. THE FOREGOING MOTION WAS WITHDRAWN AND IT WAS MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM TO JULY 10, 1990. CITY MANAGER COMMENTS City Manager Molendyk requested a closed session with the redevelopment agency regarding potential litigation. City Manager Molendyk also requested an adjournment of this meeting to Monday, July 2, 1990 at 9: 00 a.m. to consider 1) Friedman Homes Assessment District - Resolution of Intention and 2) Award of Contract for the Downtown Test Block Project. CITY COUNCIL COMMENTS now Councilman Starkey commented on the projects in the budget and the improvements they will bring to the Community. He also requested that Water and glasses be provided at the Council table during meetings. Mayor Washburn commented on the Western Riverside Council of Governments meeting which he attended on behalf of Councilman Winkler and advised that he will be distributing information from that meeting to Council. He also reminded the Community of the July 4th events being sponsored by the City and the fireworks being sponsored by the Chamber of Commerce. THE CITY COUNCIL MEETING WAS RECESSED AT 8 : 44 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8 : 47 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8 :47 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL RECONVENED AT 9: 46 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9 : 47 P.M. TO MONDAY, JULY 2 , 1990 AT 9 : 00 A.M. IN THE CHAMBER OF PAGE NINE - CITY COUNCIL MINUTES - JUNE 26, 1990 COMMERCE CONFERENCE ROOM. GARY A H UR , CITY OF KE ELSINORE A TEST: VICKI KAS II, CIT CLERK CITY OF LAKE ELSINORE MINUTES ADJOURNED CITY COUNCIL MEETING CITY OF LAKE ELSINORE 132 W. GRAHAM AVENUE LAKE ELSINORE, CALIFORNIA MONDAY, JULY 2 , 1990 1. CALL TO ORDER The Adjourned City Council Meeting was called to order by Mayor Washburn at 9 : 00 a.m. 2 . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. 3 . ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Engineering Manager O'Donnell and City Clerk Kasad. 4 . BUSINESS ITEMS a. Award of Contract - Downtown Test Block Project - Russell Tourville Construction. Engineering Manager O'Donnell, advised that Russell Tourville Construction was the low bidder out of two for this project. Councilman Buck inquired what the original budget amount was for this project. Administrative Services Director Wood advised that the entire project had been budgeted at $600, 000 . 00 total, with this bid going approximately $100, 000 . 00 over budget. Councilman Buck further inquired if this bid was inclusive of engineering and all related costs. Mike Ballew confirmed that this appeared to be complete. Councilman Dominguez questioned the timing of the next discussion with D.B.A. Staff clarified. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 3 TO 0 WITH DOMINGUEZ ABSTAINING AND WINKLER ABSENT TO AWARD THE CONTRACT TO RUSSELL TOURVILLE CONSTRUCTION IN THE AMOUNT OF $394 , 920. 31. b. Resolution of Intention - Friedman Homes Assessment District. City Attorney Harper and Administrative Services Director Wood explained and clarified the process which is initiated by the adoption of the proposed resolution. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 90-64 . PAGE TWO - CITY COUNCIL MINUTES - JULY 2 , 1990 RESOLUTION NO. 90-64 A RESOLUTION OF THE CITY OF LAKE ELSINORE MAKING PRELIMINARY FINDINGS AND DIRECTIONS AND DESIGNATING PERSONS TO PERFORM DUTIES RELATED TO ASSESSMENT DISTRICT 90-1 (SUMMERHILL) . 5. ADJOURNMENT MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE �.. OF THOSE PRESENT TO ADJOURN THE CITY COUNCIL MEETING AT 9 : 06 A.M. �iARY M. tilkl MAYOR CITY LAKE ELSINORE A TEST: t CKI SAD CIT CLERK CITY OF LAKE ELSINORE ..r it MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 10, 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS Mayor Washburn advised that those parties interested in Item #34 would be permitted to speak at that time, as it is a public hearing. Leon Strigotte, 216 Chaney Street, expressed concern with the Council 's support of the County-wide Park Assessment District issue. He commented on the assessments and fees already imposed on City residents and on upcoming increases. He suggested a better use of residents monies would be applied to assessments for increased and improved police and fire services. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2 , 3 , 8, 12 MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. June 26, 1990 - Regular City Council Meeting. b. July 2 , 1990 - Adjourned City Council Meeting. The following Minutes were received and ordered filed: c. June 20, 1990 - Lake Elsinore Planning Commission. s PAGE TWO - CITY COUNCIL MINUTES - JULY 10, 1990 4 . Ratified Warrant List for June 29, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Julie & Greg Wlodarczyk (CL #90 19) . 6. Approved Agreement with Riverside County Road Department for i Repair of Lakeshore Drive Wise Street to Dryden Street, and authorized the Mayor to sign. 7 . Accepted Right-of-Way Dedication for Ulla Lane, as offered in Parcel Maps 14777 and 7362 and authorized the City Clerk to maw have same recorded. 9. Accepted Grant Deeds for the Purpose of Street Right-of-Way Dedications as follow: Single Family Residence at 408 Lewis Street for a 2 .5 foot alley dedication. Single Family Residence at 742 Mill Street for a 5 foot street dedication. Single Family Residence at 911 Pottery Street for a 2 . 5 foot alley dedication. Single Family Residence at 911 Pottery Street for a corner cutback dedication. Single Family Residence at 1305 Sumner Avenue for a 2 . 5 foot alley dedication. and authorized to City Clerk to record said documents. 10. Approved Grant of Easement from City to EVMWD for Sewer Construction within Lot B of Tract 20705, and authorized the City Clerk to have recorded. 11. Accepted Grant Deeds for the Purpose of Slope Easement Dedications as follow: 16801 Holborow Avenue for a 10 ' slope easement dedication. 16777 Holborow Avenue for a 10 ' slope easement dedication. 29590 Nichols Street for a 10 ' slope easement dedication. and authorized City Clerk to have same recorded. 13 . Accepted Quitclaim Deeds for Water Rights on Single Family Residences as follows: 321 Acacia Street from Robert Hall Cook 4109 Crestview Drive from John & Phyllis Schulz 211 Davis Street from Advent Builders, Inc. 313 Davis Street from James L. & Deborah Anne Cantrell 16801 Holborow Avenue from Claude Bob & Sharon Delao 16777 Holborow Avenue from Roger & Karen Ritzdorf 408 Lewis Street from Calvin Calister 742 Mill Street from Joseph Cornicelli & Kari Cooper 29590 Nichols Street from Glen & Betty Anne Burchfield 911 Pottery Street from Calvin Callister 312 Scrivener Street from Christopher Meece 1305 Sumner Avenue from Scot and Kristine Howard f PAGE THREE - CITY COUNCIL MINUTES - JULY 10, 1990 and authorized the City Clerk to have same recorded. ITEMS PULLED FROM CONSENT CALENDAR 2 . Code Enforcement Activity Report - June, 1990. Mayor Washburn commented on the increasing amount of trash —` re-appearing around town. He suggested adoption of an 11800" number for residents to report the location of any trash which has been dumped. Councilman Winkler commented on last year's Trashbusters Program and its success. Mayor Washburn also commented on the need to clean-up some commercial parking lots on Main Street. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JUNE, 1990. 3 . Structure Abatement Activity Report June, 1990. Mayor Washburn commented on the necessity and success of this program and suggested the use of the 11800" number for reporting of structure abatement related concerns. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JUNE, 1990. f 8 . Acceptance of Right-of-Way Deed for Grand Avenue. Councilman Buck questioned the time line for the Robb _ Road/Lakeshore Drive intersection. Public Services Director Kirchner advised that the plan for that intersection had been approved and efforts to acquire the necessary right-of-way are underway. He further advised that stuctural design work should begin in a couple of weeks. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE RIGHT-OF-WAY DEEDS FOR GRAND AVENUE FROM THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT. 12 . Approval and Acceptance of Right-of-Way Dedication and Slope and Drainage Easement for Railroad Canyon Road. City Manager Molendyk suggested that video prepared by King Videocable relating to the Railroad Canyon Road Project be shown to update those councilmembers not present at the last meeting. The tape on Railroad Canyon Road was shown. Public Services Director Kirchner advised that the videotape is for the most part still the most up to date information, however, the K-Rat permit has not yet been received. He suggested it might be received within the next two weeks. He further advised that in spite of this delay work on utilities, etc. are progressing. City Manager inquired whether there was someone the City could work with to expedite the permit. Staff explained that they have contacted all of the appropriate sources to no avail. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE RIGHT-OF-WAY DEDICATION AND SLOPE AND DRAINAGE EASEMENT FOR RAILROAD CANYON ROAD. i s PAGE FOUR - CITY COUNCIL MINUTES - JULY 10, 1990 j PUBLIC HEARINGS MAYOR WASHBURN SUGGESTED THAT COUNCIL BEGIN WITH PUBLIC HEARING #32 AND HOLD HEARING #31 LAST. COUNCIL CONCURRED. 32 . West Lake Elsinore Development Agreement. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE WEST LAKE ELSINORE DEVELOPMENT AGREEMENT TO JULY 24 , 1990. 33 . Conditional Use Permit 90-5 - Lake Elsinore Christian TAM Fellowship. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE CONDITIONAL USE PERMIT 90-5 TO AUGUST 14, 1990. 34 . Application for Additional Franchise - Jones Intercable of San Diego. City Attorney Harper detailed the purpose of the public hearing and the criteria to be considered in granting of an additional franchise. He detailed the materials presented to the City Council previously and at the Council table this evening. He also advised that three letters in support of King Videocable had been received. The City Clerk reported no written comments or protests other than those detailed by the City Attorney. Mayor Washburn opened the public hearing at 7 : 23 p.m. asking those in favor of this item to speak. The following people spoke: Donnie Clarke, representing Jones Intercable, commented on the materials presented to Council this evening and presented a MEW petition to the City Clerk for inclusion in the record. He addressed each of the Criteria detailed by the City Attorney as follows: Criteria J1 = Whether there will be significant positive or negative impacts on the community being served. Mr. Clarke quoted the Federal Communications Commission Chairman saying, Competition between two cable operators not old style regulation will create cable t.v. responsiveness and innovation, fiber optic networks hold the promise of providing business and government with a better electronic highway. It can deliver more communication services and choices" . He further commented on the need for competition to cause improved service. Criteria A2 = Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. Mr. Clarke commented that there would be no adverse economic impact due to the construction because of the required bonds for this work. He also commented that the aesthetic impact would be very minimal because the majority would be aerial construction, and they would be willing to provide appropriate shrubbery to camoflauge the pedestals. Criteria #33 = Whether there will be unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, or utility poles, public easements, and the public f PAGE FIVE - CITY COUNCIL MINUTES - JULY 10, 1990 rights-of-way contrary to the intent of Section 767. 5 of the Public Utilities Code. Mr. Clarke advised that Jones Intercable had commissioned an independent study of the local plant; which found that in terms of available space for an additional cable television operator, less than 1% of the existing Edison and General Telephone poles would have any space problems, and further that in those problem areas the construction could easily be directed underground. Mr. Clarke further advised that with regard to disruption to existing users the engineering study shows that with proper care no disruption would be necessary during the construction of their system at all. As to disruption of traffic flow, again according to the study the majority of the underground areas are residential in nature and are away from the main throughways. Any disruption to automobile or pedestrian traffic flow in the busy commercial districts would be very minimal and he added that they would do construction at times when the traffic flow was the minimum. Even at night within the safety limitations. Criteria #4 = Whether the franchise applicant has the technical and financial ability to perform. Mr. Clarke advised that Jones Intercable is the 9th largest cable operator in the Country,operating in 20 states and doing business since 1968 . He also advised that they currently service 1. 4 million subscribers and serve communities such as Oxnard, Walnut Valley, Lakewood, Palmdale, Lancaster, Industry City and San Diego, He stressed that their business is Cable Television and they are in no other side business, and detailed corporate statistics and new communities being pursued for franchises. the system unless someone would like some elaboration on it but He commented that he thinks it is clear that Jones has the qualifications both technical and financial to deliver and perform according to what is required. Criteria #5 = Whether there is any impact on the franchising authority' s interest in having universal cable service. Mr. Clarke advised that they had originally applied for a limited franchise for the new development areas, however the City had advised that under the existing ordinance, service to all residents would be required, and they are now willing to construct their plant to serve the entire City. He also commented on their ability to serve areas which have not previously been served. Criteria #6 = Whether other societal interests generally considered by franchising authorities will be met. Mr. Clarke commented that they are proud of their corporate citizenship in the communities they serve and are more than willing for the Council to check their references in other communities. He detailed their involvement in public education and the Mind Extension University. He also detailed Galactic Radio. He also commented on their support of non-profit organizations, particularly the Special Olympics for which they have raised over one million dollars nationwide. Criteria #7 _ Whether the operation of an additional cable f PAGE SIX - CITY COUNCIL MINUTES - JULY 10, 1990 television system in the community is economically feasible. Mr. Clarke advised that according to their financial analysis, their operation in Lake Elsinore would be very feasible. He further advised that they would be spreading their management in Riverside County to cover all markets. He commented that due to the tremendous growth in this area, direct competition is very viable. Criteria J8 - Such other additional matters, both procedural and substantive, as the franchising authority may determine to Now be relevant. Mr. Clarke commented that they realize the City Council has a i difficult decision, however he assured Council that had the people of Lake Elsinore not been interested in an additional cable operator they probably would not be requesting the franchise. He reminded Council of the independent surveys taken in the Community and the telemarketing efforts undertaken. He summarized that they feel they can be a major asset to the Community and look forward to working with the City Council to build the City. Mayor Washburn requested other persons in favor of this franchise to speak, the following persons requested the option to answer questions on behalf of Jones Intercable later in the hearing: Mr. Ben Blackman Charles Gill i Gary McDonald Albert McArthur, 226 E. Peck Street, advised that he had obtained 110 signature in favor of a second cable company, and detailed his discussions with the people he contacted. He suggested that second company might provide more sports Now channels, and supported the application for a second franchise. Mayor Washburn advised that requests to speak had been received supporting King Videocable. City Attorney Harper clarified that the issue is not whether people are in favor of King Videocable or not; the issue is whether or not there should be an additional franchise. Mayor Washburn requested those who wished to comment on the franchise application to speak. The following people spoke: Bill Moran, 939 Barbara Way, advised that he has been a King subscriber for seven years and while he has always been opposed to monopolies and unfair business advantages, he feels that is not the case here. He commented that they have served the area for fifteen years, installed the cable, dug the ditches and offered public broadcasting. He commented on their willingness to broadcast the parades, assist the Chamber of Commerce and the City. He expressed concern with having his front lawn dug up and a pedestal put in, as his is currently underground. George Alongi, 649 Mill Street, commented on the early competition in the City between markets and the current snow selection. He commented that the issue is not whether King Video provides good service or not, but the issue of providing a selection to the community. He expressed concern with refusing a company the right to serve the community. Vick Knight, 132 West Graham Avenue, advised that he and his f I PAGE SEVEN - CITY COUNCIL MINUTES - JULY 10, 1990 family have been fans of King Video for nine years and that he is very impressed with the community programming that they have provided. He detailed the civic events, parades, educational activities, community forums, telethon and meetings which King Video covers. He advised that this is only the second community in the State where the local cable system has put on a United Way Telethon, and that he is pleased with the recognition the Community has given King Video with the Pac Man Award. He summarized by objecting to the request for an additional franchise. Pete Vanderhagen, resident of Canyon Lake, advised that he represents a former Board of Director and member of the Canyon Lake P.O.A. , as such he commented on the credibility problem which existed in Canyon Lake a few years ago and King Video' s efforts to increase communication, improve service and get the problems resolved. Mr. Vanderhagen also advised that he is an educator and has been involved in instructional television for 20 years working with PBS Stations, cable companies and broadcasters around the country; he also detailed the educational programming which has been offered by King Video in the past. He concluded by commenting on the commitment of King Video to the Community and their willingness to experiment and try new channels of information and be a good corporate citizen. Sonja Wilson, 21330 Waite Street at present and 30402 Jernigan Street previously, commented that she has subscribed to King Videocable since it first came to the valley having been a resident for twenty-four years. She commented on the variety of channels, good service, and good quality. She detailed a recent problem which required re-wiring of her connection to _ the system. She commented on the public forums, telethon and other community services; and on the unprejudicial hiring and service practices of King Video. She concluded that King Videocable has done a good job and provides service to the entire community. Sara Coleman, 21009 Grand Avenue, Wildomar, advised that she was speaking as a private citizen and a non-subscriber to cable television. She advised that while she believes in private enterprise and equal opportunities she also believes that necessitates equal responsibility. She also advised that she undertook a survey of her own with very different results from those portrayed and commented that a survey is only as effective as the questions asked. Her questions found that most people are very satisfied with the existing level of service. She commented that she is proud of the existing company and its service and dedication to community and suggested that only one franchise be maintained. Alan Baldwin, 16496 Lash, commented that he has been in Lake Elsinore since 1968 and in his experience King Video has never said no to anything. He further commented that they have pushed the Community to increase their use of the cable system for public programs, including anything that could create community involvement and community access. He commented that only bad could come from a new franchise opportunity for a new operator in that it would be very difficult to keep the present system economical. Steve Brown, Brookstone Development, commented that in their 15 years of experience in this Community building homes and shopping centers, King Video has been a part of their growth supplying cable services to most of their units. He further commented it would be nuisance to have two pedestals coming up in front of all of the homes because they are always working s PAGE EIGHT - CITY COUNCIL MINUTES - JULY 10, 1990 to cover up utilities for aesthetic reasons. He expressed concern that another franchise couldn't help but cut into King Video' s profit structure and the City would come up on the short end of the stick. Norm Nichols, 32385 Macy Street, advised that he has been in Lake Elsinore for sixteen years and his level of service has not been as good as the comments preceding his, and commented 1 that in thirteen years of cable service he has had "watchable" cable 50% of the time. He expressed concern that King Video has been the only cable service available during that time. now He commented that he must not be the only one with problems considering the number of repair trucks around town. He finally commented that he would like to see another cable company whether it is Jones or someone else. Karen Snyder, 150 N. Pennsylvania St, Lake Elsinore, commented that she has been a customer of King Videocable for eight years and is a very satisfied customer. She further commented on being contacted by Jones Intercable and the manner in which they asked questions relating to double the channels for the same rate. She expressed her support of King Video for their willingness to grow and work with the Community and employ many of the local residents. She also expressed her confusion with Jones Intercable' s original request to provide cable in the new development areas and their new proposal to provide it to the entire City. Tom Thomas, Vice President and General Manager of King Videocable, 556 Birch Street, Lake Elsinore, commented on his pride in this Community and its residents, and with being the second General Manager of King in the sixteen years they have been in the City. He stressed King Videocable concern with continuity in its service and its employees, and detailed the years of service of many of them. He detailed the programs they have covered and provided for the past sixteen years and showed a videotape further detailing the projects in which they have become involved. Ed Houston, President, King Videocable, 333 Dexter Avenue North, Seattle, Washington, advised Council that they are a solely owned subsidiary of King Broadcasting Company. He detailed the annual gross revenues of King Video and Jones Intercable and compared assets and holdings and contributions of the two companies. Barry Johnson, 17380 Lakeshore Drive, commented on his difficulty in being connected to the King Videocable system when he moved here. He detailed his attempts over approximately one and one half months time. He also commented that they are under staffed and not able to hire additional personnel. He finally commented that he definitely felt another franchise should be granted. Ben Blackman, General Manager for Jones Intercable Operations in Southern California, commented that while he is impressed with Mr. Thomas, he felt the issue was to grant a franchise to Jones Intercable. He requested that the discussion get back on track. He further commented that good service is not the question, but Jones Intercable is interested in a franchise in the community of Lake Elsinore. Mayor Washburn closed the public hearing at 8 : 37 p.m. and requested comments from staff. City Attorney Harper reminded Council that in addition to the public testimony there were formal written presentations from s PAGE NINE - CITY COUNCIL MINUTES - JULY 10, 1990 Jones Intercable and King Videocable. Councilman Winkler requested that City Attorney Harper clarify criteria number seven with regard to economic feasibility. He inquired whether this meant whether or not we could support two cable systems or whether or not it is feasible for Jones. City Attorney Harper advised that he would interpret the language to mean whether or not it was economically feasible for the Community, as opposed to the other cable provider. Councilman Winkler addressed criteria number one and six. He commented that one of the last comments was that this did not address whether King Video was a good business and community service, but whether a new franchise would have a possible adverse economic impact on King; if it does adversely affect King, some of the community services provided could be reduced. He felt this might have an effect on number one and six. City Attorney Harper commented that in the sense it was stated, it would be less an evaluation of King Video and more whether or not the type of service the community is presently receiving would continue with the impact of an addition franchise. Councilman Winkler commented from that standpoint he has concerns with criteria one and six. He also commented on the services provided by King Videocable that are beyond the requirements of their franchise and their involvements in the community. He expressed concern with the construction required for the additional system and its impact on the community and its residents. He commented that with the current rate of growth the residents are subject to construction constantly and any increase would impact the community. Councilman Dominguez advised that he was here when King Video first came to the valley and they have consistently provided good services to the community and worked to get the local residents involved. He expressed concern with the potential of shortened profits and shortened services. Councilman Starkey inquired of Mr. Clarke why his company had just recently become interested in the City of Lake Elsinore. Mr. Clarke advised that they are just now getting interested in Lake Elsinore and Western Riverside County because of the current growth in the area. He also advised that they have an ongoing search throughout the Country for new business opportunities. Councilman Starkey also inquired how Jones Intercable could offer between 70 and 80 channels here when they do not provide that many channels in any of the other cities they serve. Mr. Clarke questioned which cities were meant by this questions. Councilman Starkey suggested San Diego or Lancaster as an example. Mr. Clarke advised that in San Diego they provide the same type of service they would supply to Riverside County, which is a five hundred and fifty megahertz system and _. with eighty channel capacity. Mr. Clarke further advised that they would initially program fifty-four here with potential for seventy seven channels. Councilman Starkey detailed the type of community service provided by King Video and questioned an example of the type of community service Jones provides to the City of San Jacinto. Amy Vaninstill, representing Jones Intercable, advised that they support the San Jacinto Potato Festival. s PAGE TEN - CITY COUNCIL MINUTES - JULY 10, 1990 She explained that in San Jacinto they have just begun buidling the system and currently service approximately 300 subscribers. She further explained that they support the Potato Festival financially, and the San Jacinto Business Association annual Christmas party for disadvantaged youth. She commented on the limitations in their ability to contribute to charities when their subscription level is just beginning to build up. She commented on the Special Olympics efforts Jones Intercable is involved in. Mr. Clarke commented on the disadvantage of not having been able to show the City it' s work. He also commented on community involvement award received by Jones Intercable. Mayor Washburn questioned a copy of the Jones Intercable 1989 annual report that shows a loss of twenty-four million dollars, and that the company only owns 43% of the company assets. Mr. Clarke had no information on this document. Councilman Buck questioned the proposed service level and the costs presented, specifically how they could provide the same level of service afforded San Diego at a cost $17 .95, when the quote here is $14 . 50 per month. Mr. Clarke explained that this figure is based on the market for the area; and further clarified that this area is a very competitive market for cable services. Councilman Buck inquired, as professionals in the cable field, how many companies they feel Lake Elsinore can support. Mr. Clarke indicated he did not know. Councilman Buck further questioned the company' s willingness to provide the level of community services offered by King Videocable. Mr. Clarke advised that they are not only willing to offer that, but considerably more channels and services. Councilman Buck expressed concern with the possibility of a "price war" causing the level of service to drop because the companies cannot provide what we currently have. Mr. Clarke suggested that the community would welcome a price war. Mayor Washburn questioned Jones Intercable' s license to install cable. Mr. Clarke confirmed that they are licensed. Mayor Washburn further questioned some of the statistics relating to the ability to support another system. Mr. Clarke also reiterated his information based on locally conducted services. Councilman Starkey asked if the franchise were to be granted, where would Jones begin installation. Mr. Clarke suggested that it would be parallel in the existing areas and the new areas. Councilman Starkey further questioned their willingness to provide service in the downtown area. Mr. Clarke confirmed that they would cover this area. MOVED BY WINKLER TO DENY THE APPLICATION. i City Attorney Harper requested that Council ' s motion include specific findings to support the motion. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO DENY THE APPLICATION BASED ON CRITERIA ONE, TWO, SIX, SEVEN AND EIGHT. 35. Surface Mining and Reclamation Ordinance. Ordinance No. 897 . Community Development Director Gunderman detailed the purpose r I PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 10, 1990 of this Ordinance and the necessary review process. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9 : 07 p.m. asking those in favor of this ordinance to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 9: 07 p.m. MOVED BY BUCK, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 897: ORDINANCE NO. 897 AN ORDINANCE OF THE CITY OF LAKE ELSINORE IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE CITY COUNCIL MEETING WAS RECESSED AT 9: 15 P.M. I THE CITY COUNCIL MEETING RECONVENED AT 9 : 20 P.M. 31. Northwest Sewer Protect Assessment District 86-1. Resolution-Nos. 90-32 thru 90-39 . City Attorney Harper explained the prior consideration of this item and the continuance of the public hearing to allow for redesign and bid of the project. He advised that changes in design were made and new bids have been received. Public Services Director Kirchner advised that the bids were approximately $1 million less than the first bids. He explained that the sewer line work low bidder was MBC Constructors and the pump station low bidder was Colich & Sons. He also detailed recommended deletions or 0 assessments. The City Clerk reported that two written comments were received requesting deletion of Zone 2 from the district from Lawrence Cartier and Dennis Spar (Dura Construction) . Mayor Washburn opened the public hearing at 9: 26 p.m. asking those in favor of Assessment District 86-1 to speak. The following people spoke: Fred Crowe, Butterfield Engineering, the Keith Companies, 565 Chaney Street, advised that he is in favor of the proposed district and stressed the necessity of its improvements. He advised that he had received a letter from Len Vierra of Rancon and detailed the concerns of that letter, but commented the existing report would appear to be acceptable. City Attorney Harper clarified the current proposed benefit spread. Dennis Spar, Dura Construction, concurred with staff's recommendation for removal of Zone 2 from the District, and PAGE TWELVE - CITY COUNCIL MINUTES - JULY 10, 1990 questioned the pay back for that area. City Attorney Harper explained the reimbursement requirements and stressed that the final costs would not be locked in by this approach. Mr. Spar further commented on his understanding of the reimbursement with the water district. Neil Cleveland, 28465 Front Street, Temecula, explained the promise for reimbursement of costs he and another developer had incurred in the placement of the existing sewer lines. He expressed concern that those property owners were now requesting to be deleted from the district and essentially not �.. paying for the improvements they originally agreed to participate in. Steve Brown, Brookstone Development, further voiced the concerns expressed by Mr. Cleveland. He also commended staff for their work in obtaining the re-bid. Jonathan Friedman, Long Beach Equities, requested clarification of the sewer main refund figure, which had not changed with the rebid process. Mayor Washburn closed the public hearing at 9: 44 p.m. Steve Hassett, NBS Lowrey, Project Engineers explained that the cost questioned by Mr. Friedman had not yet been re-adjusted, but would be a reduced figure. Councilman Dominguez questioned the parcel owned by E. Z. Products and what the recommendation would be. City Attorney Harper advised that the engineer's report had included assessment on this property in that it will receive benefit, even though they have a septic system. Council discussion relating to original conditions of approval of E. Z. Products and the benefit from this district. Mayor Washburn expressed concern with Zone 2 being dropped from the District. Councilman Buck advised that due to the information provided by Mr. Cleveland, he no longer would support the deletion of Zone 2 . After Council discussion, it was decided that Zone 2 should be left in and City Attorney Harper recommended adoption of the proposed resolutions with adoption of Resolution No. 90-36 subject to respreading of assessments pursuant to modified engineer' s report. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 90-32 THRU 90-39 ; WITH RESOLUTION NO. 90-36 ADOPTED SUBJECT TO RESPREADING OF ASSESSMENTS PURSUANT TO THE MODIFIED ENGINEER'S REPORT: RESOLUTION NO. 90-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER' S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 90-33 A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. f PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 10, 1990 RESOLUTION NO. 90-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DISTRICT. RESOLUTION NO. 90-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AGREEMENTS. RESOLUTION NO. 90-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT. RESOLUTION NO. 90-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING PURCHASE OF SPECIAL ASSESSMENT BONDS BY CITY FUND. RESOLUTION NO. 90-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT. i RESOLUTION NO. 90-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AN DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS. BUSINESS/DISCUSSION ITEMS 51. Revised Central Business District Ordinance. Ordinance No. 898 . City Manager Molendyk advised that this ordinance was the result of a request from the City Council to be able to have the final selection of the Design Review Committee members. George Alongi expressed concern with this ordinance in that it will cause the priorities of the committee members to be similar to those of the Council priorities. He stressed the need to maintain this as a separate organization. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 898: ORDINANCE NO. 898 j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING CHAPTER 17 . 11. 050 REGARDING THE CENTRAL BUSINESS OVERLAY DISTRICT. j y PAGE FOURTEEN - CITY COUNCIL MINUTES - JULY 10, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 52 . Second Reading - Ordinance No. 890. Relating to the Alberhill Ranch Associates Development Agreement. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 890: ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MEOW 53 . Second Reading - Ordinance No. 896. Relating to the Lake Elsinore Outlet Center Specific Plan - McArthur/Glen Group. Continued from June 26, 1990. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 896: ORDINANCE NO. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN MAKING CERTAIN FINDINGS WITH RESPECT THERETO (MCARTHUR/GLEN GROUP) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN CITY MANAGER COMMENTS City Manager Molendyk requested a joint executive session of the City Council and Redevelopment Agency to discuss matters of potential litigation. r PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 10, 1990 CITY COUNCIL COMMENTS Councilman Buck commended staff on the July 4th program. Councilman Dominguez thanked the Chamber of Commerce for the July 4th Fireworks. Councilman Starkey reminded the Community of the requirement to obtain a permit for a yard sale. He expressed concern with the increased traffic on Joy Street between Riverside Drive and Machado Street and advised that staff is currently addressing the problem. He further advised that he has received may complaints about the need to clean up the downtown area, including the Day Worker situation, as soon as possible. Mayor Washburn commented on the Sheriff' s Department successful effort to stop businesses in the valley from selling alcohol to minors and listed the businesses that have been cited. THE CITY COUNCIL MEETING WAS RECESSED AT 10: 12 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10: 14 P.M. CLOSED SESSION i THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10: 14 P.M. TO DISCUSS EVMWD AND LAKE MANAGEMENT LITIGATION. THE CITY COUNCIL RECONVENED AT 10: 34 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10: 35 P.M. GARY WASH BUR� MAYOR CITY F LAKE ELSINORE A�TEST: h I CLERK CITY OF LAKE ELSINORE f I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 24, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Buck. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. John Empson, 32825 Macy Street, read the following letter: My name is John Empson, I reside at 32825 Macy Street, Lake Elsinore, California. I 'm here tonight to register my complaint regarding the City Council 's method of letting people speak at public hearings. Open discussion can be a valuable avenue for the members of the City Council . My problem is that on many discussions, people from Riverside County voice their pro's and con's and I feel they should not be permitted to speak on City matters. If you permit everyone to speak, they should clearly identify themselves if they are residents of the City of Lake Elsinore or the County of Riverside. I have in my possession, copies of the petition and letters AGAINST General Plan Amendment 90-1 and Zone Change 90-2 . The results I came up with on the petition are: 31% city residential 68% Riverside County residential 1 letter residential My own letter (not included in the copies provided to me) Letter in favor - 5 from real estate firms and/or developers. The same problem occurred at your public hearing on a Cable TV application. I am determined to follow up this matter with the Grand Jury Chairman in Riverside, CA in the near future. Thank you, John J. Empson (He submitted the letter to the City Clerk. ) r PAGE TWO - CITY COUNCIL MINUTES - JULY 24, 1990 i 2 . Kim Quon, Vice President of the Downtown Business Association, 117 S. Main Street commented on Item #53 of this Agenda relating to Ordinance No. 898 . He expressed concern with the City Council choosing representatives for the Downtown Design Review Committee for the Association. He also expressed concern that the D.B.A. was not contacted prior to consideration of this Ordinance to work out a viable alternative with the City Council. He encouraged denial of this ordinance. 3 . George Alongi, 649 Mill Street, Secretary of the D.B.A. , also expressed concern with the adoption of the proposed Ordinance ..� No. 898 . He commented that it would not build a good relationship between the City and the D.B.A. in that it does not allow them to make decisions affecting them. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: I I Item No. 12 UNANIMOUS MOVED BY BUCK, BALANCEDOFYTHENCONSENT AND CALENDAR AS PRESENTED.VOTE CARRIED BY TO APPROVE THE 1. The following Minutes were received and ordered filed: a. Planning Commission Meeting - July 5, 1990. 2 . Received and ordered filed the Animal Control Activity Report for June, 1990. w 3 . Received and ordered filed the Building Activity Report for June, 1990. 4 . Received and ordered filed the Investment Report for June 30, 1990. 5. Ratified the Warrant List for July 16, 1990. 6. Approved the C.D.B.G. Urban County/City Agreement and authorized the Mayor and City Clerk to execute the necessary documents. 7 . Approved the Memorandum of Understanding on a Waste Generation Study with the County of Riverside and the Cities of Riverside County and authorized the Mayor and City Clerk to execute the M.O.U. 8 . Approved Memorandum of Understanding with the Public Employees Association of Riverside County, Inc. for fiscal year 1990-91 and adopted a new appendix "C" to the personnel rules and regulations to reflect the cost of living adjustments applicable to all City employees. 9 . Adopted Resolution No. 90-66 - Making Preliminary Findings, Directions and Designating Persons to Perform Duties related to Assessment District 90-2 (Tuscany Hills - Phase I) . RESOLUTION NO. 90-66 A RESOLUTION OF THE CITY OF LAKE ELSINORE, MAKING PRELIMINARY FINDINGS AND DIRECTIONS AND DESIGNATING PERSONS TO PERFORM i PAGE THREE - CITY COUNCIL MINUTES - JULY 24, 1990 DUTIES RELATED TO ASSESSMENT DISTRICT 90-2 (TUSCANY HILLS - PHASE I. 10. Adopted Resolution No. 90-67 - Requesting the Tax Collector to Place Assessments on the Bills of Properties in Assessment District No. 89-1 - Summerhill Bridge Improvements. RESOLUTION NO. 90-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 11. Adopted Resolution No. 90-68 - Requesting the Tax Collector to Place Assessments on the Bills of Properties in Assessment District No. 87-2 - Shoppers Square. RESOLUTION NO. 90-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF F CERTAIN PROPERTIES. I 13 . Accepted Notice of Completion for the 1990 Asphalt Resurfacing Project. 14 . Accepted Release of Deferral Agreement for 507 Pottery Street (APN#374-051-012) . 15. Approved public hearing date of August 14, 1990 for the following: a. Zone Change 89-13 and Annexation #51 - John Crehan. A request for annexation and pre-zoning that will permit low density residential (0-6 dwelling units per acre) to be planned on a 161. 88 acre site. The project is located in the Southwest quarter of Section 27, Township 5 South, Range 4 West, off Greenwald at Northgate of Canyon Lake. b. Tentative Financial Parcel Map 25638 - Long Beach Equities. A request to approve Tentative Financial Parcel Map 25638 which subdivides 251 acres into four parcels, for financial purposes. The project is located on all four quadrants of the interchange of I-15 and Nichols Road. C. A public hearing to adopt the Stephens' Kangaroo Rat Mitigation Fee Ordinance in accordance with the Short-term Habitat Date. ITEMS PULLED FROM CONSENT CALENDAR 12 . New Council Policy _ Relating to Reconsideration of Agenda Items. Mayor Washburn explained the intent of the proposed policy. Councilman Buck expressed concern that this policy would require a majority Council vote to allow for reconsideration. He questioned the ability to reschedule an item because new information has been uncovered. Councilman Dominguez concurred with Councilman Buck and suggested that the current process is working and shouldn't be changed. f PAGE FOUR - CITY COUNCIL MINUTES - JULY 24 , 1990 i City Manager Molendyk commented that the current process is strictly an informal policy which allows any Councilmember to agendize an item. Mayor Washburn inquired whether the time frame in the policy was too prohibitive. Councilman Buck suggested that any time limit could be too restrictive depending on the circumstances. Councilman Winkler commented on the intent of this policy to remove st aff from the loop and give them a specific direction with regard to reconsideration. He suggested that the 7 day ..� limitation be changed to a timely basis. City Attorney Harper commented that would normally be 10 days and clarified that a Councilmember could bring back any item. Councilman Winkler suggested a 30 day limitation. Councilman Buck expressed concern with setting a time limit at all. City Attorney Harper recommended that a time limit be set to clarify timely for staff. Council discussion ensued. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM AND REQUEST THE CITY ATTORNEY TO REVIEW AND REWRITE. PUBLIC HEARINGS 31. General Plan Amendment 90-1 and Zone Change 90-2 = Pentagon Development/Hunsaker. Continued from June 26, 1990. Community Development Director Gunderman detailed the prior meetings and considerations of this project and detailed the Council ' s alternatives. City Attorney Harper further commented on the options available to Council with regard to density and zoning. Community Development Director Gunderman further explained that the zoning is not as critical at this point as the General Plan Designation. The City Clerk reported no additional written comments to those previously submitted and detailed. Mayor Washburn opened the public hearing at 7 : 31 p.m. asking those in favor of this item to speak. The following people spoke: Bill Allen, applicant, representing Pentagon Development, 16377 Lakeshore Drive, advised that they are looking forward to resolving the problems with this project, and briefly summarized the previous considerations. Bob McClellan, 31000 Airway Avenue, Suite 123 , Costa Mesa, advised that he as been one of the property owners of this site since 1984 . He explained that they originally held 107 acres at this location and the projects that have already been approved or constructed. He also explained the difficulty in developing the remaining portion of the property and detailed its limitations. Melanie Fitch, 31000 Airway Avenue, commented on her review of the citizens concerns relating to this project, and detailed the correspondence received and questionnaires completed. f PAGE FIVE - CITY COUNCIL MINUTES - JULY 24, 1990 Ed Fitch, 4600 Birch, Suite 2900, Newport Beach, detailed prior considerations and work with the City for the other developments on the property and explained the original thinking with regard to the commercial potential of this property. He explained the access and circulation limitations of the property. Paul Salata, Costa Mesa, advised that he is also a general ` partner in the ownership of this property and that he has discussed this property and its best use extensively with the City. He detailed the storm drain and road improvements which they have worked with the City to provide. He reminded the Council that the original Staff recommendation for this issue was approval, but the Planning Commission recommended denial. Mayor Washburn asked those in opposition to speak. The following people spoke: Steve Fischer, 15701 Shadow Mountain, advised that the residents of this area have met several times with Mr. Allen to work out a compatible project. He further advised that there are serious concerns with traffic circulation and the density of the proposed project. He commented that the residents could accept condominiums more readily than apartments at a limited density. Lou Prijatel, explained the opposition to this project that has been expressed by the neighborhood. He also explained that the residents were willing to discuss R-1 or R-2, but are completely opposed to R-3 . He advised that the residents are concerned with obtaining parks, traffic signals and a site for the hang gliders. Other residents speaking in opposition on the basis of traffic concerns, density,vacancy rate of nearby apartments and the need for parks were: Jeanne Fischer, 15701 Shadow Mountain John Empson, 32825 Macy Street Barbara Nation, Laguna Street Robert Neeson, 33665 Macy Street Judy Lipold, 33063 Macy Street Bob Lincoln, 33182 Lime Street Joe Sanchez, 15631 Laguna Larry Exert, 15660 Lake Terrace Mayor Washburn closed the public hearing at 8 : 25 p.m. Mayor Washburn commented that the commercial aspect might not be productive due to the related traffic problems, etc. and concurred that the condo approach might be better. Councilman Buck questioned the ability of Council to restrict the density within R-3 Zoning. Community Development Director Gunderman explained the the density should be handled under the General Plan. City Attorney Harper elaborated on this point explaining that the density could be restricted, but the type of ownership could not be set by Council. Councilman Buck further questioned the ability to zone the property R-2 and allow for increases if appropriate. City Attorney Harper advised that this could not be done because the density limit of R-2 is 12 units per acre. Councilman Winkler questioned the comment that commercial development is inappropriate for this property, and inquired if growth in the area would make it appropriate at a later date. Mr. McClellan explained the limitations of the market i PAGE SIX - CITY COUNCIL MINUTES - JULY 24, 1990 area for this site. Councilman Starkey inquired if this piece of land was an oversight. Mr. McClellan explained that it occurred in he process of making the other projects marketable. Councilman Winkler commented that in his opinion the increased growth in five years might make the commercial use of this property feasible. He also inquired whether Commercial would generate more traffic than an R-3 use. Community Development Director Gunderman advised that Commercial would generate considerably more traffic than R-3 . "" Councilman Winkler further commented on the private property ownership potential and the constraints of traffic circulation around the lake. He also questioned the progress in securing parks in this area. Mr. Fischer advised that the residents have been meeting with staff and have identified some potential locations. Councilman Winkler suggested that this item be held for the revised General Plan. He questioned the traffic signal at Grand Avenue and Ortega Highway. Staff advised that the design has been budgeted for the signal and there is an informal agreement with Caltrans for 2/3rds of the signal cost. Councilman Dominguez advised that he has reviewed this project since the original commercial designation, but has reservations with regard to the traffic impact on the area. He also commented that it if people are looking for a small town atmosphere this is not it. Further discussion with regard to ownership options and density ensued. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE TO DENY THIS REQUEST FOR ZONE CHANGE AND GENERAL PLAN AMENDMENT WITH CONSIDERATION OF THE AREA TO RETURN WITH THE ENTIRE GENERAL PLAN. 32 . City--Wide Lighting and Landscaping Maintenance District. Resolution No. 90-69 - Confirming Assessments. Public Services Director Kirchner detailed the process for annual confirmation of the assessments .in this District. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9: 17 p.m. asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 9 : 18 p.m. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-69 : RESOLUTION NO. 90-69 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. 33 . West Lake Elsinore Development Agreement. F p PAGE SEVEN - CITY COUNCIL MINUTES - JULY 24, 1990 Ordinance No. 899. Community Development Director Gunderman detailed this agreement and its deal points. He advised that this agreement pertains to approximately 1, 600 homes. He recommended that if the Council decides to approve the agreement, it should be approval in concept pending consideration of the Funding and Acquisition Agreement. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9 :24 p.m. asking those interested in this agreement to speak. The following person spoke: Jeff Robinson, attorney for the developers, offered to answer any questions from Council. Mayor Washburn closed the public hearing at 9: 24 p.m. Councilman Buck questioned the Funding and Acquisition Agreement, the park property, the $75, 000 per acre figure and the fire station. Community Development Director Gunderman clarified the issues raised by Councilman Buck. Councilman Winkler commented on what was originally a 30 acre park and has now become a 15 acre park. He suggested that more improvements should be available through the Development Agreement process. He expressed concern that this is not an adequate amount of park space for the number of homes. He also questioned the school site. Community Development Director Gunderman advised that it would be designated at the final map stage. Councilman Dominguez expressed concern with the current park size and the fire station requirements and with the apparent reduction in the deal points of the agreement. Councilman Starkey further commented on the reduction in the original 30 acre park. Mayor Washburn highlighted his concerns including Page 36 of 140 regarding the intent in the acquisition and the relation of the land dedication. He also questioned page 38 of 140 regarding the Mello-Roos District and fulfillment of the entire obligation to assist if provisions of financing the park & recreation, fire protection, storm drains, street improvements and traffic control. He also questioned the ability to condition Mr. Dale's project in the future for additional open space of recreation facilities. On page 39 of 140, line 3 , he questioned the requirement to "explore and agree" on alternate funding sources. City Attorney Harper clarified that the agreement would require that the City explore the options in good faith, but not necessarily agree. Mayor Washburn suggested that page 51 of 140 be modified with regard to the time frames. He recommended the following: Tentative Map or Tentative Parcel Map - 120 days Final Subdivision Map - 60 days Amendment to this Agreement - 60 days Design Review - 60 days Use Permit - 60 days Building Permit - 60 days On page 55 of 140 he questioned the annual review and the burden of responsibility for this process. City Attorney Harper advised that in reality this was a shared PAGE EIGHT - CITY COUNCIL MINUTES - JULY 24, 1990 responsibility, and any costs incurred would be minimal. On page 57 of 140 he requested that the City be notified of any assignment or transfer of the project. City Attorney Harper advised that this was inherent in the processes that would be required to release the current developers and allow assumption of the project. Mayor Washburn requested clarification of the parks issues. Community Development Director Watenpaugh clarified the McVicker Canyon Park Site, showed conceptual plan of 26 acres with 15 usable acres. Also showed plan of another site in the now Centex development consisting of 3 .92 acres. negotiated adjacent to Terra Cotta School. Tract Map 24624 requires that it be a turn-key park and that is not specifically in the development agreement. He also detailed the proposed funding program for the parks. Councilman Buck questioned the 26 acre park site,and whether the City would be paying for the 26 acre total site or only the 15 acre usable portion. Community Services Director Watenpaugh explained the Quimby Act provisions allowing for acceptance of dedication of land or payment of fee with credit based on appraisal or agreed upon price. I Councilman Winkler commented on the additional leverage available through the development agreement process. He questioned the timing of the McVicker Park and a desirable completion date. He suggested limitation on the -Certificates of Occupancy if it is not completed by the deadline. Further Council discussion ensued on the acquisition, timing and development of the proposed Parks and the benefit of a development agreement. Mike Allar, representing Centex Homes, 3190 Chicago, Riverside, explained the currently proposed parks and the -- limitation of the park sites. He further explained that the current plan is the same approved with the Centex Tract Map. Mayor Washburn commented that the work with the developers has been favorable and concurred that some credit should be given in that regard. John Mandrell, Keith Companies, further commented on the work of the developers and on the need for credit based on the off-site improvements to be provided. He also commented on the need to spread the costs as fairly as possible based on the total costs. Mayor Washburn stressed his belief that the fire station and parks should not be part of the costs assessed on the individual property owners. Councilman Winkler questioned the current standard for parks per 1, 000 residents. Community Services Director Watenpaugh advised that the current standard is 5 acres per 1, 000, which the City has currently satisfied. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT IN CONCEPT AND MODIFY PAGE 36, PAGE 51 AND PAGE 55 AS DISCUSSED AND ADOPT ORDINANCE NO. 899 : ORDINANCE NO. 899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH THE WEST LAKE ELSINORE DEVELOPERS (CENTEX REAL ESTATE, LA LAGUNA ESTATES, MARINITA s PAGE NINE - CITY COUNCIL MINUTES - JULY 24, 1990 DEVELOPMENT COMPANY, PREMIER HOMES, MEEKER DEVELOPMENT COMPANY, TOMICH/JONES, TORN RANCH, AND GOLDEN STATE DEVELOPMENT) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Attorney Harper advised that in connection with this agreement, he has been notified that the election will now need to be postponed to August 15, 1990. He requested that the resolution be added to the agenda. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADD RESOLUTION 90-71 TO THE AGENDA. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-71. RESOLUTION NO. 90-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE POSTPONING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS. 34 . Recovery of Expenditures for the Abatement of Weeds. Rubbish, Refuse and Dirt. Community Development Director Gunderman explained this program and the process for the recovery of expenditures. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 10:20 p.m. asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to this item to speak. Hearing no one, the public hearing was closed at 10:20 p.m. MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE AN ASSESSMENT WITH THE COUNTY TAX ASSESSORS OFFICER TO RECOVER ALL PERTINENT COSTS AND INTEREST ACCRUED THEREON. BUSINESS/DISCUSSION ITEMS 51. Time Extension Request for Tentative Parcel Map 23381 Camelot Properties. Community Development Director Gunderman addressed a letter received from Camelot Properties and detailed the current progress with the necessary improvements. He also suggested modification of the timeline for completion of all work. Leonard O'Byrne, Camelot Properties, advised that he would have no problem with the 30 day review period. He also i' PAGE TEN - CITY COUNCIL MINUTES - JULY 24, 1990 advised that the landscaping work would begin on July 25, but he is concerned with the timing for removal of the tanks in that he is unsure of the County's processing of the permits. Mayor Washburn advised that he would have no problem with a 90 day extension. City Manager Molendyk inquired how long the County would take to process the permit. Building Manager Shear estimated 30 to 45 days for final approval. Councilman Buck questioned the delays for the widening of Malaga. Mr. O'Byrne advised that he is ready to proceed, but Now he would like to discuss with the new owners of the Casino prior to beginning work. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE AN EXTENSION OF TIME TO AUGUST 28, 1990. BUSINESS ITEMS 52 . Second Reading - Ordinance No. 897. Relating to the Surface Mining and Reclamation Act of 1975. I MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 897: ORDINANCE NO. 897 AN ORDINANCE OF THE CITY OF LAKE ELSINORE IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 53 . Second Reading - Ordinance No. 898 . Relating to the Central Business Overlay District. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 898: ORDINANCE NO. 898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING CHAPTER 17 . 11. 050 REGARDING THE CENTRAL BUSINESS OVERLAY DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: WINKLER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 54 . Planning Commission Appointments. Mayor Washburn advised that he and Mayor Pro Tem Starkey had interviewed the five applicants for the two Planning Commission seats. He thanked all applicants for their PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 24, 1990 interest and recommended Jeff Brown and Tony Gilenson be reappointed for terms continuing to June, 1994 . MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RE-APPOINTMENT OF JEFF BROWN AND TONY GILENSON TO THE PLANNING COMMISSION FOR TERMS CONTINUING TO JUNE, 1994. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Dominguez advised the public that the Downtown project is continuing with anticipated completion in October, 1990. Councilman Winkler commented on Quimby Act fees and requested that staff provide a report reflecting what our Park fees should be. Mayor Washburn reported on his contact with various officials regarding the K-Rat and that receipt of the permit is eminent in the near future, possibly this week. Mayor Washburn also commented on a meeting with LEAF and the local veterinarians to resolve conflicts. CLOSED SESSION None. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10: 31 P.M. jWASH U ,Y F LAKE ELSINORE A TEST: VICKI KASAD, CITY CLERK CITY OF LAKE-ELSINORE s MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 14, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS Niddo Ryal, 223 Chaney Street, expressed continuing concern with the hazardous traffic situation at the blind curve adjacent to his home. He advised that there had been another near miss by a speeding car recently. He requested that the Botts Dots rumble strip be repaired and that the traffic safety study be completed. PRESENTATIONSfCEREMONIALS A. Oath of Office - Planning Commissioners. City Clerk Kasad issued the oaths of office to re-appointed Planning Commissioners Jeff Brown and Toney Gilenson. Mayor Washburn presented each Commissioner with a plaqued copy of their oaths. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 9 and 13 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - July 10, 1990. b. City Council Meeting - July 24, 1990. The following Minutes were received and ordered filed: C. Planning Commission Meeting - July 18, 1990. 2 . Received and ordered filed the Building Activity Report for f PAGE TWO - CITY COUNCIL MINUTES - AUGUST 14, 1990 July, 1990. 3 . Received and ordered filed the Code Enforcement Activity Report for July, 1990. 4 . Received and ordered filed the Structure Abatement Activity Report for July, 1990. 5. Ratified the Warrant List for July 31, 1990. 6. Approved Proclamation for Energy Awareness Month - October, 1990. 7 . Adopted New Council Policy relating to Reconsideration of Agenda Items. Agency 8 . Approved Designation of Congestion Management Plan and Adopted Resolution No. 90-72 . I RESOLUTION NO. 90-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,DESIGNATING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO PREPARE THE COUNTY CONGESTION MANAGEMENT PROGRAM. 10. Adopted Traffic Control Resolution No. 90-73 - Establishing a Loading Zone. RESOLUTION NO. 90-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING LOCATIONS OF LOADING ZONES OF CERTAIN STREETS. 11. Adopted Resolution No. 90-74 - Relating to Placement of Assessment°- in Connection with Assessment District No. 87-2 - Shoppers Square. RESOLUTION NO. 90-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 90-68, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 12 . Adopted Resolution No. 90-75 - Relating to Placement of Assessments in Connection with Assessment District No. 89-1 - Summerhill Bridge Improvements. RESOLUTION NO. 90-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION #90-67, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES. 14 . Approved Cooperative Agreement for Tract 19358 . 15. Approved Right of Entry Permit - Railroad Canyon Road. i 16. Accepted Railroad Canyon Road Deeds. 17 . Adopted Resolution No. 90-76 postponing the Special Election on Community Facilities District No. 88-3 . RESOLUTION NO. 90-76 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, R PAGE THREE - CITY COUNCIL MINUTES - AUGUST 14, 1990 CALIFORNIA,AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 , AND SCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT AND INCURRING BONDED INDEBTEDNESS. 18 . Adopted Resolution No. 90-77 making Application for Initiation "- of Annexation Proceedings. RESOLUTION NO. 90-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF LAKE ELSINORE. I 19 . Approved public hearing date of August 28, 1990 for the following: a. Tentative Tract Map 26142 - South Lake Estates Joint Venture. A request for approval of a 113 lot single-family subdivision on a 29 . 5 acre parcel. The subject property is located on the east side of Stoneman and the south side of the existing City Limits. b. Tentative Parcel Map 25717 - Brookstone Development, Inc. A request for Tentative Parcel Map approval to allow for the subdivision of 15.29 acres of land into eleven (11) lots ranging in size from 20, 080 net square feet to 2 .40 net acres. The subject property is located at the north- east corner of Silver and Flint Streets in the M-1 (Limited Manufacturing) Zoning District. c. Annexation No. 55 and Zone Change 90-7 - Coastal Valley Development. A request to annex into the City of Lake Elsinore approximately 10. 68 acres of land presently located within the County of Riverside and pre-zone subject property from County Rural Residential to C-2 (General Commercial) District. The subject property is located between Dexter Avenue to the northeast and Interstate 15 on the ` southwest. d. Zone Chancre 90-10 - George Alongi (Dexter Armstrong) . A request for a zone change of three parcels (A.P. # 374-071-001, 002 , 003) from R-2 residential to R-3 residential to establish consistency with the current General Plan which designates the area as High Density Residential. These parcels are located at the south- east corner of the intersection of Pottery and Langstaff Streets. i ITEMS PULLED FROM CONSENT CALENDAR 9 . Traffic Signal Agreement with County of Riverside - Lakeshore i Drive/Machado Street. Mayor Washburn advised that he pulled this item for information to the residents and detailed the cost factors ! involved in the project. He requested information with regard to timing. i PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 14, 1990 i Public Services Director Kirchner advised that there are street improvements to be made in connection With the further signal, and those plans are currently being reviewed. Headvised that the complproject following within 45 days. bid in late October with construction MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BCOUNTY ANIMOUS VOTE TO APPROVE THE TRAFFIC SIGNAL AGREEMENT WITH THE OF now RIVERSIDE. 13 . Legislative Adv=a Agreement = Joe A. Gonsalves & Son. Councilman Winkler concurred with this proposal, but questioned the ability to share the cost with the Redevelopment Agency. Staff confirmed that this could be done. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE EHCITYGAND 50%EBORNECBYETHEREEMENT WITH REDEVELOPMENTOAGENCY, COST BORNEBY TH SUBJECT TO THEIR APPROVAL. City Manager Molendyk advised the Council and Community of the �� problems causing the current fish kill" conditions. He further advised that crews would begin working on August 15 at 7 a.m. to remove the 200 to 300 tons of dead fish that have washed up on the shore of the lake. PUBLIC HEARINGS 31. Conditional Use Permit 90-5 = Lake Elsinore Christian Fellowship. An appeal of Planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. Community Development Dire ctor Gunderman detailed this request and the concern expressed by the Planning Commission in denying the request. The City Clerk reported six written comments in support of the Conditional Use Permit for the church. Mayor Washburn opened the public hearing at 7 : 19 p.m. asking those in favor of this item to speak. The following people spoke in favor of this matter citing financial constraints and contributions to the Community toward the reduction of drug and crime problems: Gary Holmes, 32865 Bryant Street Rev. Richard Alvarez, 32551 Baxter Street Frank Sandoval, 33105 Victoria Brook Lane Karen Paulsen, 29125 Baxter Rd. , Sun City _ Carmen Paulus, 15062 Larson Road Pat Paulsen, 29125 Baxter Rd. , Sun City Michael Warenski, 121 S. Pennsylvania Ave. Sal Poidomani, 15015 Vista View David Cunningham, President of Parent Church Bill Brandon Troy Bird, 805 Robin Drive Sharon Holmes, 32865 Bryant Street Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7 : 51 p.m. Councilman Dominguez inquired whether all churches are required to obtain a C.U.P. Staff confirmed. He echoed the PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 14 , 1990 concerns voiced by the Planning Commission, particularly other uses in the proposed zone and the time limitation of a C.U.P. Councilman Buck advised that he has given this situation a great deal of thought and suggested to the pastor that the C-M zone would be more appropriate for this use. He commented that the proposed location is too far into the M-1 zone, nearly in the M-2 zone. He suggested that other C-M projects would be available in the near future and recommended that the church pursue those. Councilman Winkler questioned the existing church in the C-M Zone and what progress they had made. Staff advised that the Lutheran Church currently had approval of grading plans from the County and are proceeding. Councilman Starkey advised that he had been in favor of the Lutheran Church's request, but stressed the need for a time limitation. He also advised that he felt if a C.U.P. should be granted in this case it would be for 2 years and then the church would be required to relocate. Mayor Washburn commented on prior consideration and determinations of this type. He concurred with the Planning Commission' s findings and the inappropriateness of this zone for a church. Council discussion relating to other possible locations and timing ensued. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH STARKEY AND WINKLER CASTING THE DISSENTING VOTES TO DENY THE REQUEST FOR C.U.P. BASED ON THE FOLLOWING FINDINGS: Findings 1. That the proposed use, on its own merits and within the context of its setting, is not in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2 . That the proposed use may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3 . That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. 4 . That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 32 . Tentative Tract Map 25831, Zone Change 90-11 and Specific Plan " 89-1 Amendment No. 2 _ The Clurman Company. A request to approve Tentative Tract Map 25831 for 195 lots, amend the Ramsgate Specific Plan to include this tract and a Zone Change from Rural Residential to Specific Plan. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 14, 1990 Mayor Washburn opened the public hearing at 8: 08 p.m. asking those in favor of this project to speak. The following people spoke: i Don Clurman, applicant and owner, concurred with staff recommendations and commented on redesign work which had been requested by the Planning Commission. He advised that the average lot size for the project is nearly 9 , 000 square feet. Chris Webber, Hunsaker and Associates, advised that a letter in support of this project from L. D. Johnson had been submitted to the Planning Commission. He questioned condition #16, which he felt should have been removed after Planning Commission discussions. Staff confirmed that this condition should be deleted. Adelle Abusambra, Dana Point, adjacent property owner of approximately 28 acres advised that he is in favor of this project. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8 : 12 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 90-6 AND APPROVE TENTATIVE TRACT MAP 25831, SPECIFIC PLAN 89-1 AMENDMENT NO. 2 AND ADOPT ORDINANCE NOS. 900 AND 902 AND APPROVE ZONE CHANGE 90-11 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings - Tentative Tract Map 25831 1. A Mitigated Negative Declaration was prepared to address the development of this project and a Mitigation Monitoring Program has been prepared to address environmental considerations to the same degree as the Now Ramsgate Specific Plan tracts. 2 . Conditions of Approval have been prepared to address identified impacts and conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 3 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Ramsgate Specific Plan. 4 . The site, subject to the attached conditions, is suitable for this type of development. Findings - Ramsgate Specific Plan 89-1; Amendment No. 2 1. This request and its environmental impacts associated with the development of the site as allowed under the General Plan, were addressed with a Mitigated Negative Declaration. This process makes the proposed project (Tentative Tract Map 25831) subject to the Ramsgate Specific Plan Mitigation Monitoring Program, where — applicable in eliminating or substantially lessening the effects of impacts. 2 . The Second Amendment to the Ramsgate Specific Plan as modified meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17 . 99 of the City of Lake Elsinore Municipal Code. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 14 , 1990 3 . Granting of the requested Second Amendment to the Ramsgate Specific Plan as modified will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 4 . The Second Amendment to the Ramsgate Specific Plan as modified will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the city as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. Findings - Zone Change 90-11 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2 . This request is consistent with the provisions of the Zoning Ordinance governing Specific Plans. 3 . This request and its associated project will not have a significant impact on this environment. Planning Department Conditions 1. This Tentative Tract Map shall be subject to the approval of a Specific Plan Amendment, adding this tract to the Ramsgate Specific Plan; and establishing the Specific Plan zoning. 2 . Tentative Tract Map 25831 shall expire two (2) years from date of approval unless extended pursuant to State and Local Law or recordation of final map occurs. 3 . Applicant shall comply with the approved Ramsgate Specific Plan, as deemed by the Community Development Director. 4 . Administrative Design Review shall be required of all residential development prior to the issuance of building permits. Design Review will be required of all non-residential development. 5. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R' s shall be approved by the Community Development Director prior to recordation of final map. 6. The dimensions of all residential lots shown on the Final Tract Map shall comply with the minimum standards established in the Ramsgate Specific Plan. 7 . Street names for all streets within the Tentative Map shall be approved by the Community Development Director. Engineering Department Conditions 8 . Prior to the issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 9 . Fence locations and walls indicated on a grading or F PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 14, 1990 Specific S landscape plan and consistent with the Ramsgate P Plan shall be approved by the Community Development Director prior to the release of the Certificate of Occupancy. 10. Grading and construction plans shall incorporate erosion control measures as required by the Chief Building Official. 11. Improvement plans, including sewer, water and drainage shall be approved prior to the Final Map approval. r 12 . Grading plans for this subdivision shall comply with the grading objectives and guidelines established in the Ramsgate Specific Plan. 13 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore i Municipal Code at the time a building permit is issued. 14 . Pay all Capital Improvement and Plan Check fees (Lake Elsinore Municipal Code, Title 15, Chapter 16. 34 ; Resolution No. 85-26) . 15. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating water and sewer arrangements have been made for this project prior to Final Map approval. 16. DELETED. 17 . Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered engineer. 18. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Lake Elsinore Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 19 . Provide street lighting and indicate on street improvement plans as required by the City Engineer. 20. All lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by letter of drainage acceptance or conveyed to a drainage easement. 21. Prior to the recordation of the Final Tract Map, all public improvements shall be designed and constructed or bonded for in accordance with plans and specifications meeting the approval of the City Engineer and the Chief Building Official as amended by the Ramsgate Specific Plan. 22 . All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 23 . All compaction reports, grade certifications, monument _ certifications (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 24 . The developer shall pay for "No Parking" and Street sweeping signs. 25. Street improvement plans and specifications shall be r PAGE NINE - CITY COUNCIL MINUTES - AUGUST 14, 1990 prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) as amended by the Specific Plan. 26. All local streets as determined by the Community Development Director shall have sixty (60) feet .._ right-of-way and forty (40) feet curb-to-curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1, 000 feet or less) shall have fifty (50) feet of right-of-way and thirty-six (36) feet curb-to-curb with a three (3) foot utility easement on each side of the street. 27 . Desirable grade for local streets is nine percent (9%) . A maximum grade of fifteen percent (15%) should only be used in design constraint considerations. 28. Developer shall contribute to the City' s Master Entry Way Sign Program at a rate of $100. 00 per forty (40) dwellings. 29 . Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to approval of Final Map. 30. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District standards. 31. Provide Soils, Geology and seismic reports including street design recommendations prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 32 . The developer shall be generally eligible for reimbursement agreements from surrounding developments for the cost of off-site improvements required of this project. 33 . The fifty (50) foot Southern California Edison (SCE) easement running through the tract shall be landscaped with the approval of the Community Development Director and SCE. SCE generally limits landscaping to that, which on maturity, won't grow higher than fifteen (15) feet in height and no trees or shrubs within twenty (20) feet of the power pole or structure. 34 . "L" Street in Tract 25479 shall be evaluated and approved by the Community Development Director to determine if it is appropriate for extension into this tract prior to the approval of a Final Map for this tract. Building/Safety Department Conditions 35. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of occupancy and release of utilities. 36. Applicant shall meet all requirements of the Riverside County Fire Department for fire protection. 37 . Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid or otherwise agreed upon. 38 . All structures shall be designed to incorporate all state PAGE TEN - CITY COUNCIL MINUTES - AUGUST 14 , 1990 and local water conservation regulations, subject to the approval of the Chief Building Official. 39 . All building shall be constructed with fire retardant roofing materials as described in Section 3203 of the Uniform Building Code. 40. Submit a schedule of public works improvements based upon the timing of occupancy of the tract prior to final map approval. 41. All lots will be served with mail delivery units subject WNW to the approval of the Lake Elsinore Postmaster, Community Development Director and Public Works Director. i 42 . The applicant shall agree to be a participant in the preparation of a specific plan on the property north of this tract. This obligation would be for the purpose of modifying the edges of this tract as may be required to properly develop the neighboring property. If the Specific Plan is not initiated prior to the Certificate of Occupancy on the final unit, this obligation will be waived. 43 . Trellis Lane shall be improved between this tract and Highway 74 with a minimum of 2 paved lanes or as required of Tentative Tract Map 25479 should its recordation occur first, subject to the approval of the City Engineer. 44 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 45. Submit Hydrology and Hydraulic Reports for review and approval by the City Engineer prior to approval of the final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 46. Prior to the Final Map recordation, a public works construction agreement shall be entered into with the developer (s) , owner(s) , and the City. 47 . Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 48 . With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 49 . Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 50. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per street for future final tract digitizing. 51. If this tract develops before the Ramsgate tracts this applicant will be responsible for providing two (2) paved access roads to his tract as approved by the City Engineer. PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 52 . Applicant shall contribute five percent (5%) towards the cost of design and construction of the traffic signals per the circulation recommendation by the traffic study by Kunzman Associates. 53 . A portion of Tract 25831 lies within an area which is part of the hydrology study for the Ramsgate Project. The applicant shall coordinate with said study and construct facilities required to safely collect and convey off-site tributary flows through the site by a method approved by the City Engineer. ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 50 ACRES LOCATED SUCH THAT IT IS SURROUNDED ON THREE SIDES BY THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS ALONG THE SOUTHERLY EXTENSION OF TRELLIS LANE, SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLAN. (THE CLURMAN COMPANY) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: - COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33 . Annexation No. 51 and Zone Change 89-13 _ North Gate Downs- SR. Bruce Kemper) . A request to annex 160 gross acres into the City of Lake Elsinore and to pre-zone the site R-1 (HPD) (Single-Family Residential-Hillside Planned Development Overlay District) . The site is north of Tuscany Hills Specific Plan Area and Greenwald Avenue, northwest of Canyon Lake and southerly of Dorchester Lane. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8: 15 p.m. asking those in favor of this item to speak. The following person spoke: PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 14, 1990 Michael Klipa, Civil Engineer for the applicant, requested Council approval of this project and offered to answer questions. Mayor Washburn asked those in opposition to this project to speak. Hearing no one, the public hearing was closed at 8 : 17 p.m. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-38; APPROVE ANNEXATION NUMBER 51 AND ZONE CHANGE 89-13 , ADOPT RESOLUTION NO. 90-78 AND ADOPT ORDINANCE NO. 901 BASED ON THE FOLLOWING FINDINGS: Findings - Annexation No. 51 1. The project is located within the City' s Sphere of Influence as designated by the Local Agency Formation Commission and is contiguous to the City Limit boundary. Annexation of the site would not be an inappropriate extension of the City Limit boundary. 2 . The proposal will not result in significant environmental impacts. 3 . It is anticipated that future development of the site will be conditioned to provide the necessary public services and facilities to service the site. Findings - Zone Change 89-13 1. The proposed zoning is the most appropriate zone for standard single-family residential development. 2 . The proposed zoning is consistent with residential zoning in surrounding City developments. 3 . The pre-zoning proposal is not inconsistent with the General Plan. RESOLUTION NO. 90-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 51 - NORTH GATE DOWNS (R. BRUCE KEMPER) . ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 160 ACRES LOCATED NORTH OF TUSCANY HILLS SPECIFIC PLAN AREA AND GREENWALD AVENUE NORTHWEST OF CANYON LAKE, AND SOUTHERLY OF DORCHESTER LANE TO R-1 (HPD) (SINGLE-FAMILY RESIDENTIAL DISTRICT- HILLSIDE PLANNED DISTRICT) (NORTHGATE DOWNS - R. BRUCE KEMPER) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE "NOW ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 I 34 . Tentative Financial Parcel Map 25638 = Long Beach Equities. A request to create four (4) parcels,, where currently nine (9) exist. Community Development Director Gunderman detailed this request which is part of the Alberhill Specific Plan area. The City Clerk reported no written comments or protests. I Mayor Washburn opened the public hearing at 8 : 19 p.m. asking those in favor of this map to speak. The following person spoke: John Friedman, Long Beach Equities, explained the need for this reconfiguration of parcels and requested consideration of a change in Condition #5. He requested that the right-of-way ` be set a 120 feet until the time the 130 width can be justified by development and traffic. j Mayor Washburn asked those in opposition to speak. Hearing no ' one, the public hearing was closed at 8 :25 p.m. Councilman' Buck questioned Condition #5 and whether it would be acceptable to change it to 120 foot width. Staff confirmed that would be acceptable with the understanding that future development would most likely require dedication of the addition 10 feet. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-10 AND APPROVE TENTATIVE FINANCIAL PARCEL MAP 25638 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH CONDITION #5 CHANGED TO REQUIRE 120 FOOT DEDICATION, SUBJECT TO ADDITIONAL 10 FEET AT A LATER DATE, IF NECESSARY: Findings 1. A Negative Declaration has been prepared to acknowledge that environmental impacts have been addressed in the EIR for the Alberhill Ranch Specific Plan (SCN 88090517) . 2 . Conditions of Approval have been prepared to address identified conditions under which the project is currently being considered. These conditions provide a safeguard to insure that the project is keeping with current City goals and policies. 3 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Alberhill Ranch Specific Plan. 4 . The site, subject to the attached conditions, is suitable i for this type of development. Conditions - Tentative Financial Parcel Map 25638 1. The approval of this Tentative Parcel Map 25638 is for �. financing and sale purposes only. No building permit or grading permits or any other building or construction activity is authorized pursuant to this Tentative Parcel Map 25638 . Property within Tentative Tract Map shall apply for approval pursuant to the normal City of Lake Elsinore procedures prior to any building or grading activity on the subject site. 2. Dedicate underground water rights to the City of Lake Elsinore (Municipal Code 16. 52 . 030) . r PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 14 , 1990 3 . All parcels shall have access to public right-of-way or be provided a minimum forth (40) foot ingress-egress easement for public right-of-way purposes to be recorded with the map or by separate instrument. 4 . Execute an agreement to annex to the City's Lighting and Landscaping Assessment District. 5. With respect to Parcel 4 dedicate 120 foot street right-of-way for the easterly 1, 150 feet of Nichols Road. 6. Dedicate sufficient right-of-way on Nichols Road between •► Parcel 2 and Parcel 3 for a 130 foot street right-of-way. 7 . Cooperate with the City and its Engineer, Webb Engineering, in the dedication of sufficient right-of-way on Collier Avenue and its intersection with Nichols Road. 8 . The design for development of Parcels 1 and 2 shall take into account the access needs of the property northerly of them (Assessor' s Parcel Number 390-270-005) , so as not to landlock said property. BUSINESSZDISCUSSION ITEMS 51. City Allocation of Take of Occupied Stephen' s Kancraroo Rat Habitat Under the Interim Habitat Conservation Plan. Resolution 90-79 . City Attorney Harper requested a closed session on this item, following consideration of the balance of the business items. 52 . Business License Application. A request for license to operate an ice cream truck. City Manager Molendyk advised that based on management discussions of this item, he would recommend continuance to allow for development of criteria and standards for this type of business. Councilman Dominguez detailed his concerns with this type of business and instructed staff to include them in the criteria. His concerns included: 1) what other merchandise will be sold, 2) hours and days of operation, 3) locations where they will park, 4) directions with regard to traffic and speed limits in residential areas, 5) requirement for physical examination of all drivers, 6) vendor license fee and applicable D.B.A. assessments and 7) direction with regard to enforcement (who will enforce?) . MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS MATTER. BUSINESS ITEMS 53 . Second Reading - Ordinance No. 899 . Relating to the West Lake Elsinore Development Agreement. _ MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 899 : ..r ORDINANCE NO. 899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH THE WEST LAKE ELSINORE DEVELOPERS (CENTEX REAL ESTATE, LA LAGUNA ESTATES, MARINITA PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 DEVELOPMENT COMPANY, PREMIER HOMES, MEEKER DEVELOPMENT COMPANY, TOMICH/JONES, TORN RANCH, AND GOLDEN STATE DEVELOPERS) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8: 30 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 9: 11 P.M. 51. City Allocation of Take of Occupied Stephen's Kangaroo Rat Habitat Under the Interim Habitat Conservation Plan Cont. Resolution 90-79 . MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO A SPECIAL CITY COUNCIL MEETING ON MONDAY, AUGUST 20, 1990 AT 4 : 00 P.M. IN THE PLANNING DEPARTMENT CONFERENCE ROOM. CITY MANAGER COMMENTS City Manager Molendyk advised that staff is working to establish a Study Session date with the Public Safety Committee. I CITY COUNCIL COMMENTS Councilman Dominguez commented on the success of the Hot August Night Sidewalk Sale. He requested a report on the Police Ballot ` Measure. City Attorney Harper advised that there was not sufficient time to prepare for placement of this matter' cn the November Ballot. He explained that tax rate formula must be studied and established before the ballot measure is placed. Councilman Dominguez also directed staff to clean up the trash which is being dumped at the end of Railroad Canyon Road. Councilman Starkey commented on the work underway in the Downtown area and encouraged the Community to support these businesses in spite of the inconvenience. He requested an update on the T & S Development sidewalk repairs. Public Services Director Kirchner f advised that the plans are being drawn now and should be ready within the next month. Councilman Winkler advised that the Western Riverside COG would be jointly sponsoring a seminar with the School District Organization on October 13 , 1990 and encouraged the Council to plan on attending. He requested that the City Clerk write letters of invitation for the School Board Members and Dr. Larry Maw. Councilman Winkler also commented on the County Growth Management Plan and advised of a meeting on September 6, at 1: 30 p.m. and encouraged Council to attend and provide input. Councilman Buck inquired about Mr. Ryal ' s concerns. Public Services Director Kirchner advised that the missing dots would be replaced shortly, but advised that short of closing the street completely there is very little else that can be done to correct i PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 14, 1990 the problem. He further advised that the appropriate location for a block wall had been determined, but Mr. Ryal had not yet built al clarified that they were previously prepared it. Mr. RY but their crew was no longer available. proceed with the wall, Councilman Dominguez commented on the need to slow the speedinged the d cars down to prevent accidents. May stage before to study problems such as these at the planning irreconcilable problems occur. Councilman Buck requested mit ap plic be aed tion tStaff church group when they sub for another clarified that they would be able to apply for a waiver of fees and Council can make that determination. Mayor Washburn commented on the Combat Auto Theft (CAT) program. ADJOURNMENT MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN 2THE 1990REGULAR 4CITY PCOUNCIL THEMEETING PLANNING9DEPARTMENTO MONDAY, AUGUST , CONFERENCE ROOM. U GARY WASHBURN, MAYOR CIT F LAKE ELSINORE A TEST: L VI KI KASS D, CITY CLERK CITY OF LAKE ELSINORE "WOW MINUTES ADJOURNED REGULAR MEETING CITY COUNCIL CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA AUGUST 20, 1990 1. CALL TO ORDER The Adjourned Regular City Council Meeting was called to order by Mayor Washburn at 4 : 06 p.m. 2 . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. 3 . ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: DOMINGUEZ Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Services Director Watenpaugh, Public Services Director Kirchner, Building & Safety Manager Shear (representing Community Development Director) and City Clerk Kasad. 4 . BUSINESS ITEM A. City Allocation of Take of Occupied Stephen's Kangaroo Rat Habitat Under the Interim Habitat Conservation Plan. Resolution No. 90-79 . City Attorney Harper advised that the Memorandum of Understanding has not been approved by the State. He suggested that since a more specific direction is not available, the Council discuss this matter in closed session as it relates to potential litigation. Paul Seltzer, detailed the process which has proceeded over the last 18 months. He explained that the document as it reads now has a number of changes, but the only substantial problem remaining has to do with the need to obtain individual permits on a project by project basis. He advised that this issue could be resolved as early as August 21st via conference call. City Attorney Harper inquired with regard to the time frame of the permit. Mr. Seltzer advised that it would still be for the two years. City Attorney Harper questioned the impact of the State permit on the Federal impact. Mr. Seltzer advised that it would not change anything in regard to the Federal permit. City Attorney Harper requested a closed session for potential litigation and and update on the Adams Advertising Litigation. He recommended that the Council refrain from any specific action at this time. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE THIS ITEM. PAGE TWO — CITY COUNCIL MINUTES — AUGUST 20, 1990 THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 4 : 26 P.M. TO DISCUSS POTENTIAL AND PENDING THE CITY COUNCIL MEETING RECONVENED AT 4:55 P.M. NO ACTION TAKEN. 5. ADJOURNMENT THE CITY COUNCIL MEETING WAS ADJOU .NED AT 4 :56 P.M. , n i G RY WASHBURN, MAYOR CITY F LAKE ELSINORE A TEST: ICKI KASAD, CITY LERK CITY O-F' TAKE ELSINORE w�+ Y MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 28, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL j PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Bob Hessel (representing the City Attorney) , Administrative Services Director Wood, Community Development Director Gunderman, Community Services Manager Sapp (representing Community Services Director) , Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS None. PRESENTATIONS/CEREMONIALS Mayor Washburn commented on the new "Temecula Neighborhood" GTE phone books and suggested that all Lake Elsinore residents deliver their copies to the Community Center so they can be returned to GTE. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 9, 12 and 13 MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - August 14, 1990. b. Adjourned City Council Meeting - August 20, 1990. The following Minutes were received and ordered filed: C. Planning Commission Meeting - August 1, 1990. 2 . Received and ordered filed the Investment Report for July 31, 1990. 3 . Ratified Warrant List for August 15, 1990. 4 . Approved Agreement relating to the California Identification System. a PAGE TWO - CITY COUNCIL MINUTES - AUGUST 28, 1990 i l i 5. Awarded Contract for the Machado Park Project to J & R Landscaping Company in the amount of $151, 353 . 60. I 6. Accepted Proposal from Greg Smith for Shoreline Clean-up in the amount of $11, 000. 00. ; 7 . Adopted Resolution No. 90-80 Designating the Location of a Stop Intersection on Chaney Street at the West Leg of Sumner Avenue. RESOLUTION NO. 90-80 wow A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. I 8 . Adopted Truck Route Resolution No. 90-81. RESOLUTION NO. 90-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN STREETS WITHIN THE CITY AS TRUCK ROUTES. 10. Awarded Contracts for Community Center Roofing to Desert Valley Construction in the amount of $16, 344 and Stucco to Harrington and Sons in the amount of $13 , 000. 11. Awarded Bids for Capital Equipment as follows: 3 - S-10 Pick-ups - Lakeside Chevrolet 1 - Tractor Mower - AA Equipment 1 - Dump Truck - Lakeside Chevrolet 1 - Front Loader Case Power and Equipment .�.r ITEMS PULLED FROM CONSENT CALENDAR 9. Request for Waiver of Prezoning and Request for Authorization to Initiate an Annexation Information Program. Mr. Fred Christensen, Consultant for Special Projects/Annexations, explained this proposal relating to a "hammerhead" shaped County island. He further explained LAFCO's feeling that City need to be proactive in eliminating County islands surrounded by City territory. He detailed the information and public notifications which will occur for the residents of the area basically bounded by Lincoln Street, Machado Street, Lakeshore Drive and Lash Street. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO PROCEED WITH INITIATION OF THE PROPOSED ANNEXATION AND AUTHORIZE THE MAYOR TO SIGN A LETTER TO LAFCO NOTIFYING THEM OF THE CITY'S INTENTION TO INITIATE ANNEXATION. 12 . Developer Fees for Parks and Recreation - Resolution No. 90-82 . City Manager Molendyk advised that staff is continuing to review the appropriate fees for commercial and industrial development and recommended continuance of this item to the next meeting. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO SEPTEMBER 11, 1990. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 28, 1990 13 . Set public hearing for September 11, 1990 for the following: a. Tentative Parcel Map 26326 - Brookstone Development, Inc. A request to consider Tentative Parcel Map to subdivide approximately 20.4 acres into 26 lots. This project is located on the northwest corner of Collier and Central Avenue. Councilman Buck expressed concern with the number of small industrial projects being planned and directed staff to work to hold larger parcels of land for bigger use businesses. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE PUBLIC HEARING DATE OF SEPTEMBER 11, 1990 FOR THE ABOVE MENTIONED PROJECT. j PUBLIC HEARINGS 31. Tentative Tract Map 26142 - South Lake Estates. A request for approval of a 114 lot single- family subdivision on a 29. 5 acre parcel. The subject property is located on the east side of Stoneman and the south side of the existing City limits. Community Development Director Gunderman detailed this project and explained that due to some reconfigurations this map is two lots larger than those approved by the Planning Commission. He also explained that the City Attorney had confirmed that this would not substantively change the project. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 14 p.m. asking those in favor of Tentative Tract Map 26142 to speak. The following person spoke: John Elmajian, representing the applicant, advised that they are in concurrence with all proposed conditions and requested Council approval . Mayor Washburn asked those in opposition to this map to speak. Hearing no one, the public hearing was closed at 7 : 15 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-12 AND APPROVE TENTATIVE TRACT MAP 26142 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. i Findings 1. The project meets the Goals and Objectives of the General Plan and R-1 Zoning Ordinance. 2 . The project, as conditioned, complies with the City's subdivision standards. 3 . The proposal, as conditioned, will be compatible with existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4 . The site is physically suitable for this type of density of development. i i PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 28, 1990 i i 5. The project, as conditioned, will not have a significant impact on the environment. i 6. The revised Tentative Tract map is in substantial compliance with the Tentative Tract Map reviewed by the Planning Commission. Conditions 1. Tentative Tract Map 26142 is approved subject to the approval of Annexation Number 53 by LAFCO. low 2 . Tentative Tract Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in i accordance with the Subdivision Map Act. 3 . The Tentative Tract Map shall comply with the State ' of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 4 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. Signage for this subdivision shall require City Permits. 6. The City' s Noise Ordinance must be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Planning Commission. 8 . All grading shall conform to the requirements of ...r Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 9 . Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. 10. Pay all applicable fees in force at time of issuance of building permits. 11. Class II bicycle lane to be provided along Stoneman Avenue. 12 . Prior to final approval of Tract Map 26142 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 13 . Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 14 . DELETED. 15. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 i 16. Final Map shall reflect plotting as approved on plans date stamped July 13, 1990. 17 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 18. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 19 . Comply with all conditions of the Riverside County Fire Department. 20. Provide fire buffer zone around entire tract perimeter and landscape for fire retardant and erosion control as required by the Riverside County Fire Department and the Community Development Director. 21. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 22 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD) . 23 . The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City standards. 24 . Meet all requirements of Southern California Edison Company. 25. Meet all requirements of Southern California Gas Company. 26. Meet all requirements of General Telephone. 27. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 28 . Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 29 . Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract/Parcel Map. r 30. Subdivider shall record CC & R' s for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. It should also indicate that the project is within the Alquist-Priolo special studies zone. CC & R's shall be subject to the approval of the Community i i PAGE SIX - CITY COUNCIL MINUTES - AUGUST 28, 1990 i I Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 31. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. i 32 . A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 33 . Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City' s Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 34 . All development associated with this map requires separate Design Review approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) ... Guidelines. 35. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 36. Submit a comprehensive soils and geology report and grading plan. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Submit details of grading plan phasing and erosion control measures. 37 . All residences shall be served by a sidewalk along lot frontage. 38 . All sidewalks shall be separated from curb with parkway which shall be subject to the approval of the Community Development Director. 39 . Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of ... development. Improvements shall be installed prior to Certificate of Occupancy. 40. Provide the following environmental mitigation measures: r PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 A. Liquefaction Mitigation Measures, Implementing Agency - Building/Safety Department: (Refer to Figure 3 , Exploratory boring and trench location map, dated February 9 , 1989 in the preliminary soil and foundation investigation report) . 1. Provide at least five (5) feet of compacted "`— fill under the bottom of footings for all structures. -- 2 . All homes shall have post tensioned foundations and flexible gas line connections. 3 . Alternatives to removal and recompaction of soils include compaction grouting, in-place densification, or a combination of a thin compacted fill blanket, drain rock fill and mat foundation. B. Backfill, Implementing Agency - Building/Safety Department: The exploratory trench backfill shall be removed and recompacted during site grading to a minimum of ninety percent (90%) of the laboratory maximum dry density before placement of additional fill or structures. C. Setbacks for structures, Implementing Agency - Planning : A twenty-five (25) foot setback for human occupancy structures shall be established as delineated on Figure 6, Exploratory Trench Location Map, revised July 16, 1990. D. Final Map approval, Implementing Agency - Engineering: 1. The building setback line shown on the Exploratory Trench Location Map, Figure 6, revised July 16, 1990, shall be delineated on the project Final Map. This area shall be labeled "Fault Hazard Area" . 2 . The following shall be noted on the Final Map: - This property. is affected by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area. - Riverside County Geologic Report Number 739 was prepared for this property by Western Technologies in February 12 , 1990 and is on file at the City of Lake Elsinore and Riverside County Planning Departments: The specific items of concern are surface fault _ rupture, liquefaction, seiching, flooding and uncompacted trench backfill. 3 . Final map shall be approved by the Riverside County Planning Department Engineering Geologist. c�� 41. DELETED. PAGE EIGHT - CITY COUNCIL MEETING - AUGUST 28, 1990 i I 42 . An avigation easement shall be granted to the Skylark Airport. i 43 . Final Map shall show easements or other mapped provisions for the placement of centralized mail delivery units. Specific locations for such units shall be to the satisfaction of the Postal Service and the Public Works Department. 43.a. Lot Number 69 shall be redesigned to be at least 7,700 square feet in area. Riverside County Fire Department 44 . Schedule A fire protection approved standard fire hydrants, (6" x 4" x 2 1/211) located one (1) at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for two (2) hours duration at 20 PSI. 45. Applicant/developer shall furnish one (1) copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered Civil Engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, j spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be for s ' presented to the Fire Department lgnature. 46. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Elsinore Valley Municipal Water District (EVMWD) 47 . This property is in the 1434 pressure zone with a maximum serviceable pad elevation of 1314 . 48 . Pay water and/or sewer connection fee per Resolution No. 971. 5 prior to Certificate of Occupancy issuance. 49 . Submit hydraulic analysis to determine off=site sewer line sizing and on-site sewer facilities sizing to meet EVMWD Standards. 50. Submit hydraulic analysis to size on-site and/or off-site water lines to meet Riverside County Fire Department requirements using fire flow plus maximum day demand. 51. Design and construct: water and/or sewer line along entire project frontage and surrounding areas, to EVMWD Standards and Specifications Water 1. Water Mains to be extended from Tract 24139, , adjacent at the southeast end of development. ,, 2 . A Hydraulic Analysis will dictate the tract's water main sizing requirements. Sewer i 1. Logical sewer main extensions, eight (8) inch ! minimum. i ' I i PAGE NINE - CITY COUNCIL MINUTES - AUGUST 28, 1990 2 . Re-evaluate sewer system flows: to drain to Ontario Way and "B" Streets, and possibly eliminating sewer easement and system line and manhole at Lot Number 41. 3 . Potential sewer easement problems to address: (existing at northern end of development) ; require continuous access, no slopes or dirt mounds, and driveway approaches within easement, reference: Lot Number 41. General 1. Pay-off Proportionate Assessment District 84-1 participation bonds. 52 . Prepare a focused water and sewer Master Plan for this project. 53 . Any off-site street improvement extensions require water and/or sewer line extensions within the new street. 54 . All facilities must be designed and constructed at the owner/developer's expense and to the current District's Standards Specifications and Master Plan. 55. The Elsinore Valley Municipal Water District anticipates providing sanitary sewer service for the above referenced property based upon the completion of the 1 m.g.d. expansion of the Regional Wastewater Reclamation Plant. It is estimated that an additional 1 m.g.d. sewage treatment capacity will be available by July 1990. EVMWD has also ro p grammed additional expansion of the treatment plant by currently preparing an EIR for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property of such time as applications for f sewer service to the property are accepted or approved. Engineering Department 56. All Public Works requirements shall be complied with as, a condition of development as specified in the Lake Elsinore Municipal code prior to final map approval. 57 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 58 . Dedicate sufficient right-of-way on "A", "Bill "D" . "F" . "Gil, and "H" Streets to provide for a sixty (60) foot right-of-way width and forty (40) foot curb-to-curb the full length of each street. 59 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution i No. 85-26) . 60. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, i PAGE TEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 1 stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. i 61. Construct all public work improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . m. 62 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 63 . Pay all fees and meet requirements of encroachment. permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 64 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. i 65. Provide fire protection facilities as required in writing by Riverside county Fire Department. 66. Provide street lighting and show lighting improvements on street improvements plans, as required by the City Engineer. 67 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 69 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 70. Developer shall provide necessary flood hazard protection and all lots shall be graded above 12671 . Developer shall meet special flood protection requirements, building within lake perimeter streets (Lake Elsinore Municipal Code 15. 68) . 71. Site development along the lake perimeter will require special grading and flood proofing requirements (Lake Elsinore Municipal Code 15) . maw 72 . Meet all requirements of Chapter 15. 64 of the Municipal Code regarding flood hazard regulations. 73 . Developer shall contribute $7, 000 towards the design and construction of a traffic signal at the intersection of Corydon Road and Grand Avenue. This development will increase traffic at the intersection r PAGE ELEVEN — CITY COUNCIL MINUTES - AUGUST 28, 1990 at least 6% and should contribute 6% ($7, 000) towards construction. 74 . Contribute $290 towards the City's Master Entryway Sign Program. 75. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 76. Applicant shall cooperate with developer of Tract 24139 and provide full street improvement on Ontario Way along the southerly boundary. 77 . Provide Soils, Geology and Seismic reports including street design recommendations. Provide final soils Report showing compliance with preliminary and finish grade certification. 78 . No lot shall have ingress or egress to Stoneman Avenue. 79. Applicant shall obtain off-site drainage acceptance letters from affected adjacent property owners to be recorded prior to or with final map. 80. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1, 000. 00 per sheet for future final tract digitizing. 81. The developer shall pay for "No parking" and Street sweeping signs. 82 . Utility companies shall approve their easements as to size and location on map prior to final map approval. 83 . Grading, footings, foundation slabs and gas line connections shall meet requirements of the geotechnical report prepared by Aragon Geotechnical Consultants. 84 . Wall along southwest boundary shall be adjacent to property line, concrete swale shall be on southeast side of wall. Boundary wall shall be provided with weep holes. 85. Drainage easements along southwest boundary shall be in private ownership except where drainage is from public right-of-way. 86. Developer shall provide sufficient dedication for a sixty-six (66) foot right-of-way (thirty-three (33) foot half-street) for Stoneman Avenue. 87 . Stoneman shall be improved to a twenty-four foot roadbed (half-width) from centerline and a sloped AC parkway five (5) foot from property line subject to the approval of the City Engineer and permitting continued use as a storm drain channel. I i 88 . Applicant shall annex to the City' s Lighting and Landscaping Maintenance District prior to final map approval. f a PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 I 89 . No lots shall front Stoneman Avenue. 90. Pad elevation of lots adjacent to Stoneman Avenue must meet the approval of Riverside County Flood i Control District. 32 . Tentative Parcel Map 25717 & Industrial Project 89-12 - Brookstone Development. A request to allow for the subdivision of a 15.29 acre site into eleven (11) lots and for construction of eleven (11) concrete tilt-up buildings located at the northeast corner of Silver and Flint Streets. Community Development Director Gunderman highlighted this project and recommended an additional condition regarding the landscaping and easements for maintenance of the landscaping. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 18 p.m. asking those in favor of the project to speak. The following person spoke: Steve Brown, representing Brookstone Development, advised that they are in concurrence with all proposed conditions and requested approval. He also advised that in relation to Mr. Buck' s earlier concern for larger user business facilities, 1 his company is planning some facilities on 2 plus acres and with 30, 000 to 50, 000 square foot buildings. Their goal is to draw higher end development. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7: 19 p.m. Mayor Washburn questioned the view for the residents of the Senior Citizen facility on the other side of the hill. Staff advised that the view would remain approximately the same with the proposed additional landscape condition. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE MITIGATED NEGATIVE DECLARATION 89-57 AND APPROVE TENTATIVE PARCEL MAP 25717 AND INDUSTRIAL PROJECT 89-12 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS WITH THE INCLUSION OF AN ADDITIONAL CONDITION REFERRING TO THE LANDSCAPE MAINTENANCE. Findings _ Tentative Parcel Map 25717 1. This project as conditioned would not have significant impact upon the environment. 2 . The Tentative Parcel Map as conditioned complies with the Goals, Policies and Objectives of the General Plan and the M-1 Zoning Standards. 3 . The project as conditioned, complies with the City' s Subdivision Standards. 4 . The proposed subdivision is consistent with the .�. findings established in the State Subdivision Map Act, Section 66474 . Findings - Industrial Pro-lect 89-12 1. Subject to the attached Conditions of Approval, the proposed project is not expected to result in any r PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 significant adverse environmental impacts. 2 . The project as conditioned complies with the Goals and Objectives of the General Plan and meets all the minimum requirements of the M-1 Zoning District. 3 . The project as conditioned complies with the design "— directives contained in Section 17.82 . 060 and all other applicable provisions of the Municipal Code. 4 . Conditions and safeguards pursuant to Section 17. 82 . 070 including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the proposed project to insure development of the property in accordance with the Objectives of this Chapter in the M-1 District in which the site is located. Planning Division Conditions Tentative Parcel Map 25717 1. Tentative Parcel Map 25717 shall expire two (2) years from date of approval unless extended pursuant to State and local law or recordation of Final Map. 2 . The applicant shall comply with all mitigation measures as stated in Negative Declaration 89-57. 3 . Meet all Riverside County Flood Control District requirements. 4. All lots shall hook up to sewer. — 5. Prior to Final Map, the applicant shall sign and complete the "Acknowledgment of Conditions" form and shall return the executed original to the Community Development Department for inclusion in the case records. 6. DELETED. i Engineering Department Conditions 7 . All Public Works requirements shall be complied with as a Condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 8 . Provide in-lieu payment for future off-site improvements on Flint Street from Lewis to Lowell or apply for and complete the street abandonment process on Flint Street. 9. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . Document can be obtained from the Engineering Department. 10. "A" Street and Silver Street shall have a sixty (60) foot right-of-way with forty (40) foot curb-to-curb. 11. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution No. 85-26) . 12 . Submit a "will-serve" letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for f r PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 i this project. Submit this letter prior to applying for a building permit. 13 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . i Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16. 34) . 14 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be Now to Riverside County Road Department Standards, latest edition, and city codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 15. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and i Resolution No. 83-78) . All requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 16. Provide Soils, Geology and Seismic reports including street design recommendation prior to recordation of Final Map. Provide final Soils Report showing compliance with preliminary and finish grade certification. 17 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 18 . Provide fire protection facilities as required in writing by Riverside County Fire Department. .... 19 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 20. Lot drainage shall; be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 21. All natural drainage traversing site shall be conveyed through site, or provided for by a method approved by the City Engineer. 22 . Applicant shall provide all necessary off-site easements for off-site grading from the adjacent property owners prior to Final Map approval. 23 . Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 24 . Contribute $153 . 00 towards the city' s Master Entryway �. Sign Program 25. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 26. Silver Street shall be improved to provide for half street improvements plus an additional twelve (12) feet of pavement west of centerline. 27 . Developer shall contribute $3 , 900 towards the design and construction of a traffic signal at the intersection of Central and Collier. This development will increase traffic at the intersection at least three percent (3%) and should contribute three percent (3%) towards construction. 28 . The developer shall pay for "No parking" and Street Sweeping signs. 29. Applicant shall provide written approval from Riverside County Fire Department approving street circulation for site. 30. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 31. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per sheet for future final tract digitizing. 32 . Southerly tract boundary shall be extended to centerline of Flint Street and abandoned on map, Southern half of Flint Street from Lewis to Lowell shall be processed for abandonment by the applicant and southern half of street shall be vacated concurrently with Final Map approval. 33 . Applicant shall cooperate with property owner of Lot 19 and 20 for the development of Flint Street between i Lewis and Silver Streets. 34. Applicant shall provide cash deposit for possible road repair caused by hauling export from site prior to grading permit. 35. Developer shall grade and provide two (2) paved i travel lanes (25 feet) on Flint from Silver to existing improvements. Improvements shall match existing grade on Flint subject to the approval of the City Engineer. 36. Conditions, Covenants and Restrictions shall be established for the overall development which defines the responsibilities of the landscape maintenance for the entire development. Said CC & R' s shall establish landscape easements to ensure access to all landscaped areas on each lot. Planning Division Conditions for Industrial Project 89-12 1. Design Review approval will lapse and be void unless building permits are issued within one (1) year. i 2 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 28 , 1990 I 3 . Applicant shall comply with all pertinent mitigation measures as stated in Negative Declaration 89-57 prior to issuance of Certificate of Occupancy and ` release of utilities. j 4 . The project shall be constructed in substantial conformance with submitted development plans. 5. DELETE 6. All required off-site improvements including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. The applicant shall submit a revised plan or indicate on submitted plans the location of the walkways for Lots 6, 7 , 8 and 9 prior to issuance of building permits. 7 . Applicant shall comply with all applicable City Codes I and Ordinances. 8. Applicant shall comply with City Noise and Grading Standards during construction phases of development. 9 . Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 10. Meet all State handicap requirements. A parking lot plan shall be approved by the Director of Community Development prior to occupancy of the proposed buildings. 11. Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. ...r 12 . A final Grading and Drainage Plan shall be submitted and shall be subject to the approval of the Chief Building Official and City Engineer. 13 . All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 14 . All signage shall be subject to the requirements as stated in Section 17 .94 of the Lake Elsinore Municipal Code. 15. No outdoor storage shall be allowed for any tenant, unless a Conditional Use Permit has been obtained by the applicant. 16. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment wall and shall be painted to match the building. Evidence of compliance shall be included in building plans. 17 . Prior to the issuance of a building permit the applicant shall submit a colors and materials board subject to approval by the Community Development Director. 18. Any proposed metal mailboxes shall be treated to blend with the center' s design theme. A detail shall be included in the building plans, subject to the r PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 approval of the Postal Service and the Director of Community Development. 19 . No exterior roof ladders shall be permitted. I 20. Construction generated dust and erosion shall be contained in accordance with the provisions of the the Municipal Code, Section 17. 38 . 150 and using best i construction practices. Interim erosion control measures shall be taken 30 days after rough grading, as approved by the Chief Building Official. 21. A Final Landscape plan shall be submitted to the Planning Department for approval and include landscape and irrigation specifications to be approved by the City Landscape Architect, fee to be determined at time of application. the revised plans should be prepared and signed by a licensed Landscape Architect and include the following: a) The Final Landscape Plan shall include screening of all transformers, backflow or metering devices and other ground mounted equipment. b) All planting areas shall be separated from paved areas with a six-inch (611) high concrete curb. c) Planting within fifteen feet (151 ) of ingress/ egress points shall be no higher than thirty-six inches (3611) . d) 2" X 4" wood headers shall be used to separate all turf and ground cover areas. e) Incorporate mounding/berming along Silver Street and the proposed road to adequately screen the parking lot. The berming shall be shown on the plans in relation to grading. f) The project entrances shall include annual plant material with accent plants in the background. 22 . Loading spaces shall be provided per City Standards for all buildings and to the satisfaction of the Community Development Director prior to issuance of building permits. 23 . All landscape improvements to be bonded 120% Faithful Performance Bond and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one (1) year. 24 . Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 25. Meet all requirements for water and sewer service of the Elsinore Valley Municipal Water District. 26. Meet the following requirements of County Fire Department: I a) The Fire Department is required to set a minimum fire flow for the remodel or construction of all a PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 commercial buildings using the procedure established in Ordinance 546. b) Provide or show there exists a water system capable of delivering 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. c) A combination of on-site and off-site super fire hydrants, (6" X 2-1/2" X 2-1/211) , will be located IMMW not less than 25 feet or more than 165-feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. d) Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " e) Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s) . A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. f) Install a supervised water flow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per Uniform Building Code. g) In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department as per Section 505 (e) of the Uniform Building Code. h) A statement that the building will be automatically sprinklered must appear on the title page of the building plans. i) Certain designated areas will be required to be maintained as fire lanes. j ) Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. k) Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413 . 00 to the Riverside County Fire Department for plan check fees. 1) Final conditions will be addressed when building PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 plans are reviewed in Building and Safety. Engineering Department 27. Applicant shall comply with all Conditions of Approval for Tentative Parcel Map 25717. The conditions shall be complied with prior to building permit if not completed with the Parcel Map recordation. 33 . Annexation No. 55 and Zone Change 90-7 - Coastal Valley Development. A request to annex unincorporated County of Riverside Land into the City of Lake Elsinore and Pre-Zone the 10. 68 acres to allow for commercial uses. The subject property is located between Dexter on the northeast and Interstate 15 Freeway on the southwest and the existing city Boundaries on the northwest and southeast. Resolution No. 90-83 & Ordinance No. 903 . Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:21 p.m. asking those in favor of this item to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7: 22 p.m. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-22, APPROVE ANNEXATION NO. 55 AND ADOPT RESOLUTION NO. 90-83 AND APPROVE ZONE CHANGE 90-7 AND ADOPT ORDINANCE NO. 903 BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 90-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 55 - COASTAL VALLEY DEVELOPMENT" . ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 10. 68 ACRES FROM RURAL RESIDENTIAL (R-R) TO GENERAL COMMERCIAL (C-2) LOCATED BETWEEN DEXTER ON THE NORTHEAST AND INTERSTATE 15 FREEWAY ON THE SOUTHWEST AND THE EXISTING CITY BOUNDARIES ON THE NORTHWEST AND SOUTHEAST. (ZONE CHANGE 90-7; COASTAL VALLEY DEVELOPMENT) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN Findings 1. The proposed project will not have a significant impact on the environment. r PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 28, 1990 a i 2 . The proposed project is within the City' s sphere of influence and abuts the City limits. Therefore, the request is a logical extension to the City limits. 3 . The project as conditioned will provide the necessary public services to allow development. 34 . Zone Change 90-10 - George Alongi. A request to rezone from R-2 (Medium Density Residential) to R-3 (High Density Residential) three adjacent parcels located at the southeast corner of the intersection of Pottery and lump Langstaff Streets. Ordinance No. 904 . Community Development Director Gunderman detailed this request. i The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 :24 p.m. asking those in favor of this zone change to speak. No one spoke. i Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-24, APPROVE ZONE CHANGE 90-10 AND ADOPT ORDINANCE NO. 904 BASED ON THE FOLLOWING FINDINGS: ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING . 62 ACRES FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF POTTERY AND LANGSTAFF STREETS (ZONE CHANGE 90-10: GEORGE ALONGI) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE { ABSENT: COUNCILMEMBERS: NONE t ABSTAIN: COUNCILMEMBERS: NONE Findings 1. This request is consistent with the Goals, Policies and Objectives of the General Plan. 2 . This request will bring the zoning for the site into conformance with the General Plan. 3 . This request will not result in any significant adverse impact on the environment. 35. Stephens ' Kangaroo Rat Mitigation Fee Ordinance. Ordinance No. 905. Community Development Director Gunderman detailed the background of this ordinance and advised that this will replace the interim ordinance for a two year period. The City Clerk reported no written comments or protests. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 28, 1990 Mayor Washburn opened the public hearing at 7: 26 p.m. asking those persons interested in this ordinance to speak. Hearing no one, the public hearing was closed at 7: 26 p.m. i MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 905: ORDINANCE NO. 905 '— AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NOS. 866, 859, AND 869 AND ADOPTING THE STEPHENS ' KANGAROO RAT MITIGATION FEE ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS/DISCUSSION ITEMS 51. Industrial Project 90-6 - Deleo Clay Tile. A request for a 14, 960 square foot addition to an existing 47, 953 square foot industrial building located at the southeast corner of Collier Avenue and Chaney Street. Community Development Director Gunderman detailed this request and emphasized some clean up and screening requirements from the conditions of approval . Councilman Buck expressed concern with the fencing requirement and the limitation of storage in the areas held for future parking needs. Mayor Washburn questioned the fencing requirement. Staff reviewed and confirmed that the fencing requirement had not been required by the Planning Commission and was not proposed. Councilman Buck concurred with staff' s recommendation based on the clarification. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-29 AND APPROVE INDUSTRIAL PROJECT 90-6 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING ` CONDITIONS: Findings 1. Subject to the attached conditions of the proposed project is not anticipated to result in any significant environmental impacts. 2 . This project, as approved, complies with the Goals and Objectives of the General Plan and the Limited Manufacturing Zoning District. 3 . This project complies with the design directives contained in Section 17 . 82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Section PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 28, 1990 i 17 .82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the property in accordance with the Objectives of Chapter 17 . 82 . 060 and the Planning District in which it is located. Planning Division Conditions 1. Approval of Industrial Project 90-6 is contingent upon the approval of Parking Determination 90-1. Parking Determination 90-1 must be reviewed one (1) year from the anniversary date of the release of Certificate of Occupancy for Industrial Project 90-6. 2 . Design Review Board approval will lapse and be void { unless Building Permits are issued within one(1) year. An extension of time up to one (1) year per i extension, may be granted by the Planning Commission prior to the expiration of the initial design review approval upon application by the developer one (1) month prior to expiration. i 3 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 4 . All site improvements shall be constructed as i indicated on the approved plan and/or as modified by these Conditions of Approval or the Planning Commission through subsequent action. Materials and colors shall be as shown on exhibits stamped approved in case file. a) All existing and proposed elevations must be of the same color, with the addition that white trim may be used to enhance the side elevations, subject to the approval of the Community Development Director or his designee. b) Loading zones shall be striped on-site in accordance with Section 17 . 66. 050 of the Municipal Code and/or a truck storage area shall be delineated on the site plan providing the area specified by the aforementioned Section, subject to the approval of the Community Development Director or his designee. 5. All required off-site improvements, including street lighting, shall be completed in accordance with improvement plans approved by the City Engineer prior to release of utilities and issuance of Certificate of Occupancy. 6. Applicant shall meet all applicable City Codes and Ordinances. 7 . Meet all County Fire Department requirements for fire protection or alternative requirements as modified in writing by the Fire Marshal. 8. All undeveloped and/or construction areas associated with the site shall be maintained in a safe and neat manner at all times. 9 . Construction generated dust and erosion shall be contained in accordance with the provisions of the Municipal Code using best construction practices. Interim erosion control measures shall be taken f PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 28, 1990 within 30 days after rough grading, as approved by the Chief Building Official. 10. No exterior roof ladders shall be permitted. 11. Trash enclosure shall be constructed per City Standards, and provide for two (2) trash bins subject to the approval of the Community Development Director. 12 . All exterior lighting sources shall be shielded and directed on-site so as not to create glare onto neighboring property and streets, or allow illumination above the horizontal plane of fixture. No wall pack units shall be permitted. 13 . A final grading plan shall be submitted and approved by the Chief Building Official. 14 . The project shall connect to sewer. 15. All outdoor ground mounted utility equipment shall be consolidated in a central location and screened architecturally with substantial landscaping, subject to the approval of the Community Development Director. 16. A minimum six-foot (61 ) high decorative block wall shall be installed along the eastern property line and continuing along the Collier property line. Said wall to connect to the wall adjacent to the Minthorn parking facilities construction as a Condition of approval of Industrial Project 87-1. i 17 . All signs shall be by City permit only. 18. Applicant shall submit a Final Landscape and Irrigation Plan, which shall place Eucalyptus Trees further from building. , Revised plan should enhance the decorative screening wall and all existing and new metal building facades visible from the public right-of-way. the reviewed plan shall be subject to the approval of the City' s Landscape Architect. The plan shall be approved prior to the Certificate of Occupancy and the release of utilities. 19 . The final landscaping, irrigation plan is to be revised and approved by the City' s Landscape Architect Consultant for 100% of the City Consultant costs and 20% consultant cost for Planning Department processing. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24 inch box in size, as approved by the Community Development Director c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . r PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 28, 1990 i { e) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Final landscape plan must be consistent with approved site plan. g) Final landscape plans to include planting and irrigation details. 20. Prior to issuance of building permits applicant to complete cleanup of the project site and vacant property west of Minthorn Street removing all unusable equipment and debris. No outdoor storage j shall be allowed on vacant property south or west of the site, without Planning Commission and City Council approval in accordance with the restrictions, provisions and requirements of the Municipal Code. 21. All Conditions of Approval for Industrial Project 87-1 and 87-3 shall apply to this project. All outstanding conditions shall be fulfilled and completed prior to release of Certificate of Occupancy. 22 . Applicant to meet all requirements of the Elsinore Valley Municipal Water District. I 23 . All landscape, parking and screening improvements to be bonded 120%, Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for materials and labor for one year. A completion bond shall be posted for all site improvements. i 24 . Prior to issuance of any grading permits or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 25. Meet all County Fire Department requirements i including emergency vehicle turning radius and fire resistance requirements for all building including sprinklers where required. A letter shall be submitted verifying compliance prior to issuance of building permits. 26. This Parking Determination may be revoked when evidence of spill-over parking is evident onto adjacent vacant lots and onto Chaney, Collier and Minthorn Streets. If revoked, the original application shall be reconsidered by the Planning Commission at a fee set for a new Parking Determination application. Engineering Department Conditions 27 . Construct all off-site improvements and improvements shall be delineated on street improvement plans and must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) 28 . Street improvement plan and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and r i PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - AUGUST 28, 1990 City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 29 . For construction of public works off-site improvements pay all fees and meet all requirements of encroachment permit issued by the Engineering Department (Lake Elsinore Municipal Code 12 . 08) . �— 30. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . 31. Sign agreement for City Landscaping and Street Lighting District (Resolution No. 16.52 . 030) . 32 . On-site drainage shall be conveyed to a public facility or accepted by adjacent property owner or conveyed to a drainage easement. 33 . Pay all Capital Improvement and plan check fees (Lake Elsinore Municipal Code 16. 34) . 34. All public work requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code. 35. All compaction reports, grade certifications, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 36. Provide fire protection facilities as required in writing by Riverside county Fire Department for fire protection. 37 . Provide street lighting an indicate on street improvement plans as required by the City Engineer. 38 . DELETED. 39 . Provide corner cut-off dedication on the north and west corners of the property. 40. DELETED. 41. Conditions of Approval of Industrial Project 87-1 and 87-3 incorporated herein by reference where applicable. 42 . The site plan, that is a part of the building permit plans, shall designate the dedicated future parking area. Said property can be used for storage until a determination by the Community Development Director is made that parking spaces be provided. 52 . Commercial Project 89-1 - Design Review Time Extension - Sam Hsieh. A request for a one-year time extension on the Design Review approval of an 18, 000 square foot commercial/office project located at the northwest corner of San Jacinto Road and Casino Drive. Community Development Director Gunderman advised that this extension of time is being recommended by staff because the project is very near the building permit stage and the delays to date have been due to the need to obtain easements. PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 28, 1990 i i I I Councilman Dominguez questioned whether a full year is necessary. Mr. Gunderman advised that the easements had not all been finalized and the year would surely give them enough time to begin work. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE i TO EXTEND THE DESIGN REVIEW APPROVAL FOR COMMERCIAL PROJECT 89-1 FOR A PERIOD OF ONE YEAR BASED ON THE FOLLOWING FINDINGS: Findings i i 1. The project will not result in environmental impacts. 2 . The project meets the design review requirements of the Municipal Code. I 53 . Time Extension Request for Tentative Parcel Map 23381 - Camelot Properties. Community Development Director Gunderman detailed previous concerns with the site and the improvements which have been completed to date, including debris clean-up and replaced landscaping. Additional landscaping work will be continuing. He recommended continuance to September 25. Councilman Starkey inquired whether additional landscaping work would be done on the slopes. Community Development Director Gunderman confirmed that additional landscaping would be done with completion the end of September. Councilman Starkey emphasized the need for additional work. Councilman Buck questioned the future improvement of Malaga Road and suggested that it not be postponed until the Casino improvements occur, those improvements need to begin right away. Community Development Director Gunderman advised that he would convey that information to the developer and provide a report back on the timing. City Manager Molendyk advised that this is the last time staff will be recommending an extension. Councilman Dominguez recommended that in the future projects I stand alone and are not tied to each other. i MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM NEGATIVE DECLARATION NO. 90-38 AND CONTINUE THIS EXTENSION TO SEPTEMBER 25, 1990. 54 . Appeal of Planning Commission Conditions of Approval Numbers 13 , 15, 17 , 23 , 25 , 26, 29 , 39 , 42 and 43 for Residential Project 90-10 _ George Alongi. Community Development Director Gunderman detailed the above mentioned conditions and explained the purpose of each condition. I Councilman Buck expressed concern with the requirement for a trash enclosure as one is not required by law, but the applicant has planned to build one. He also advised that the applicant has approached the fire department but not received a response with regard to the project. Staff clarified that as long has he has given the Fire Department the opportunity ' to respond, he has complied with the Condition. Councilman Buck questioned the need for the bonding in condition #43 and why it would not be adequate to condition the applicant to build the improvements. I I PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - AUGUST 28, 1990 Mayor Washburn emphasized that these are standard conditions of approval required of all developers. Councilman Buck questioned the viability of these conditions. Councilman Dominguez inquired about the City Entry Sign Program and whether these fees are required by Ordinance. Public Services Director Kirchner advised that this is not -- required by Ordinance, but by previous Council direction. He explained the method of imposing the fee. Extensive Council discussion of conditions and existing policy ensued. Mayor Washburn suggested that since this project was not originally heard by the City Council, this item be continued for two weeks to allow them to review it. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS. BUSINESS ITEMS 55. Separation of Inland Empire Division = League of California Cities. Councilman Winkler detailed the background of this item and advised that the Mayor's and Councilmembers Conference Dinner Meeting in Perris on September 12 . He advised that the City of Corona has proceeded to initiate this item at the State level of the League for possible consideration at the Annual Conference in October, 1990. After Council discussion the City Council concurred to support Councilman Franklin of Corona' s position for separation of the Riverside County Cities from the Inland Empire Division. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO SUPPORT COUNCILMAN FRANKLIN'S POSITION AT THE SEPTEMBER 12TH MEETING. 56. Appointment of Downtown Design Review Committee Members. Mayor Washburn detailed the work of this committee and advised that 14 applications had been received and reviewed, and recommendations received from D.B.A. He recommended appointment of Sonja Matthies and Ray Grage. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPOINT SONJA MATTHIES AND RAY GRAGE TO THE DOWNTOWN DESIGN REVIEW COMMITTEE. 57 . Second Reading - Ordinance No. 900. Relating to Zone' Change 90-11 - The Clurman Company. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 900: ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 50 ACRES LOCATED SUCH THAT IT IS SURROUNDED ON THREE SIDES BY THE RAMSGATE SPECIFIC PLAN AND THE WESTERN BOUNDARY IS ALONG THE SOUTHERLY EXTENSION OF TRELLIS LANE, SOUTH OF HIGHWAY 74 FROM RURAL RESIDENTIAL TO SPECIFIC PLAN. (THE CLURMAN COMPANY ZONE CHANGE 90-11) . UPON THE FOLLOWING ROLL CALL VOTE: e PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - AUGUST 28, 1990 i AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ," STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 58 . Second Reading - Ordinance No. 901. — I Relating to Zone Change 89-13 - R. Bruce Kemper. .. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 901: I ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 160 ACRES LOCATED NORTH OF TUSCANY HILLS SPECIFIC PLAN AREA AND GREENWALD AVENUE NORTHWEST OF CANYON LAKE, AND SOUTHERLY OF DORCHESTER LANE TO R-1 (HPD) (SINGLE-FAMILY RESIDENTIAL DISTRICT-HILLSIDE PLANNED DISTRICT) (NORTH GATE DOWNS - R. BRUCE KEMPER ZONE CHANGE 89-13) . UPON THE FOLLOWING ROLL CALL VOTE: 1 AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i 59 . Second Reading - Ordinance No. 902 . .or Relating to Second Amendment to Ramsgate Specific Plan. MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 902 : i ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT TO THE SPECIFIC PLAN FOR THE RAMSGATE DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE i ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS : NONE I CITY MANAGER COMMENTS I City Manager Molendyk reminded Council of the upcoming Study Sessions with the Public Safety Committee on September 5 and the School Board on September 20. CITY COUNCIL COMMENTS . Councilman Dominguez detailed the events scheduled for the Labor I i PAGE TWENTY-NINE - CITY COUNCIL MINUTES - AUGUST 28, 1990 Day Weekend including a concert, antique auction and classic car show. Councilman Starkey requested an update on the problems at Chaney and Sumner. Public Services Director Kirchner advised that the second stop sign had been approved this evening and a barricade should be installed some time this week pursuant to the traffic engineer' s recommendation. Councilman Starkey commended staff on the Recreation Brochure and requested that staff detail its features. Community Services Manager Sapp advised that the brochure had gone out to 20, 000 residents this time and detailed some of the upcoming activities. Councilman Buck congratulated Jim Rhoades on his appointment as President of the Chamber of Commerce. He also reminded local residents of the improvement program underway in the Downtown area. Councilman Winkler wished former Chamber of Commerce President Arta Valenzuela well and commented that she will be missed. Mayor Washburn congratulated the Chamber of Commerce on their new directory. He reminded the community of the upcoming town hall meeting on the General, Plan which is scheduled for August 30th. He detailed the progress to date on Railroad Canyon Road and advised that through extensive efforts by the City and Pardee the road could be open with two lanes by October 15, 1990. CLOSED SESSION None. ADJOURNMENT MOVED BY BUCK, SECONDED BY WINK RAND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COU CIL MEETING AT 8 : 29 P.M. ,r GAR" WASHBURN, MAYOR CITY O LAKE ELSINORE TEST: CAD4 CLERK CITY OF LAKE ELSINORE 4 1 ! MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE t The Pledge of Allegiance was led by Councilman Dominguez . ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Alan Burns (representing the City Attorney) , Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS i Marcia Bennett, P.O. Box 321, commented on recent negative publicity for this Valley afforded by network news reports. She presented a press release to the City Council and detailed a new program being implemented by a group of residents, to show positive support for the troops in the Persian Gulf. She urged the Community to support this effort by wearing red, white and blue ribbons and requested the Council ' s endorsement of the program. Terry Thielen, 12676 Crest Knolls Court, San Diego, commented on recent abatement proceedings on his property, and the most recent removal of his concrete boat ramp. He requested consideration of ;I this situation at the next City Council Meeting. Mayor Washburn referred this matter to staff. PRESENTATIONS/CEREMONIALS A. Presentation - Design Review Committee = George Alongi. ! Mayor Washburn thanked Mr. Alongi for his dedication and j'. service to the Downtown Review Committee and presented him with a City Tile Plaque. B. Mayor Washburn announced for the Community's information that the work on Railroad Canyon Road was again underway with a projected opening date of October 31, 1990. j' CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 7 . MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. i PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i project and detailed changes in the proposed landscaping. He also confirmed the need for the 40 foot road. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 :45 p.m. asking those in favor of this project to speak. The following people spoke: Steve Brown, representing the applicant, advised that they agree with all conditions as proposed, and offered to answer any questions about the project. John Mandrell, representing Rancon, supported the project. j i Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 :47 p.m. Councilman Buck expressed concern with the size of the developments in this subdivision and questioned their previous comments about building for larger users. Steve Brown confirmed that they are working to draw larger users, but explained that they are working to form and assessment district to provide infrastructure improvements to make that portion of the development more developable. City Manager Molendyk questioned the turning radius with the forty foot road width. Mr. Brown advised that this is the standard street width. Councilman Buck questioned the future use of the front portion of the subdivision. Mr. Brown advised that they are holding that to develop for the best use at a later date, be it commercial° or industrial. He stressed the prime location of that portion in relationship to the freeway. Councilman Starkey questioned the $1, 000 fee in condition #58 for digitizing of maps and its accuracy. Public Services Director Kirchner advised that this is the best guess estimate at this time, pending implementation of the City's system. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-20, APPROVE TENTATIVE PARCEL MAP 26326 AND INDUSTRIAL PROJECT 90-5 BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL. Findings For Private Streets 1. There are adequate provisions for their construction and continued maintenance. 2 . Welfare of the occupants of the development will be adequately served. 3 . The public welfare will not be impaired. Tentative Parcel Map 26326 � 1. The project meets the Goals and Objectives of the General Plan and the M-1 zoning Standards. 2 . The project, as conditioned, complies with the City's Subdivision Standards. 3 . The proposal, as conditioned, will be compatible with PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 existing and proposed development in the area; therefore, it will not create any adverse effect on abutting properties. 4 . The project, as conditioned, will not have significant impact on the environment. Industrial Proiect 90-5 1. The project, as approved, will comply with the Goals and Objectives of the General Plan and the M-1 Zoning District. 2 . The project complies with the design directives contained in Section 17. 82 . 060 and all other applicable provisions of the Municipal Code. 3 . Conditions and safeguards pursuant to Section 17 . 82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of Chapter 17 . 82 and the M-1 District. 4 . The project, as conditioned, will not have significant impact on the environment. 5. The site is suitable for this type of development. Planning Division Conditions 1. Tentative Parcel Map 26326 will expire two (2) years from date of approval unless an extension of time is -- granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Parcel Map 26326 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . Signage for this subdivision shall require City Permits. 5. The City' s Noise Ordinance must be met during all site preparation activity. 6. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 7 . Pay all applicable fees in force at time of issuance of building permits. 8. Class II bicycle lane to be provided along Central and Collier Avenues subject to approval of Cal-Trans. 9 . Prior to final approval of Parcel Map 26326 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, of the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 10. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from the required adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 11. Final Map shall reflect plotting as approved on plans date stamped July 23, 1990. 12 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 13 . All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 14 . The applicant shall provide connect to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD) . 15. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed i in accordance with the City Standards. 16. Meet all requirements of Southern California Edison Company. 17 . Meet all requirements of Southern California Gas Company. 18 . Meet all requirements of General Telephone. 19 . Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 20. Annexation to the City' s Landscaping and Lighting 1 District is required prior to approval of a Final Tract/Parcel Map. 21. The developer shall establish and record CC & R' s prior to issuance of Certificate of Occupancy for the units. The CC & R's shall impose fees to maintain all landscaping, parking areas, private street, private drainage facilities, and any other common amenities. CC & R' s shall also provide other common amenities. CC & R' s shall also provide reciprocal easements for parking , access, circulation, loading, landscaping, maintenance, signage usage and maintenance in favor of all lots, subject to the approval of the Community Development Director and the City Attorney. The CC & R's shall prohibit outside storage and shall furnish information on any environmental hazards or constraints to all future owners/lessees. 22 . A forty-foot (401 ) wide easement along the private street shall be recorded on the final map and shall be dedicated to the Business Owner' s Association. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 23 . Buildings plottings, architectural drawings, floor plans landscaping and fences/walls shall require Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Design Review submittal shall apply for this project. 24 . DELETED. 25. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete as "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 26. Submit a comprehensive soils and geology report and grading plan. Submit details of grading plan phasing and erosion control measures. Engineering Department Conditions 27 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 28 . Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 080) . 29 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.52 . 030) . 30. Submit a letter of verification "will-serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project prior to final map approval. 31. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake E Elsinore Municipal Code 16. 34) . 32 . Street improvement plans and specifications shall be prepared by a Civil Engineer and improvements shall be to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 33 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12 , Chapter 12 . 08 and Resolution No. 83-78) . 34 . All compaction reports, grade certification, monument certification (with tie-notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 36. Arrangements for relocation of utility company I f PAGE EIGHT - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the i property owner or his agent. i 37. Provide fire protection facilities as required in writing by the Riverside County Fire Department. i 38 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 39. On-site drainage shall be conveyed to a public .�. facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Submit Hydrology and Hydraulic Reports for review and j approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 42 . Applicant shall provide drainage facilities from Pasadena Street to Outlet Channel or applicant shall provide a recorded drainage letter from downstream property owners accepting drainage, subject to the approval of the City Engineer. 43 . All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 44 . Applicant shall obtain any necessary Cal Trans permits and meet all Cal Trans requirements. 45. Contribute $2, 040 towards the City' s Master Entryway Sign Program. 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 47 . Meet all requirements of Chapter 15. 64 of the Municipal Code regarding flood hazard regulations. 48 . Meet all requirements of Chapter 15. 68 of the Municipal Code regarding floodplain management. 49. Contribute $15, 750 for the design and construction of one-half (1/2) median on Collier Avenue along abutting property line. 50. Ingress and egress to Collier Avenue will be limited to one (1) left turn in/out and one (1) right turn in/out, both subject to Cal Trans and City Engineer approval. 51. All lots shall have access to public right-of-way or be provided an easement by separate instrument or by CC & R' s and be approved by the City Attorney. 52 . 100 Year Flood Plain shall be designated on final map. 1 PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 53 . Dedicate sufficient land along Pasadena Street for a 60-foot street right-of-way with half-street improvements (20 foot) plus 10-foot south of centerline. 54 . Dedicate sufficient land along Central Avenue for a 76-foot street right-of-way with half-street improvements (32-foot) . 55. Dedicate sufficient land along Collier for a 100-foot street right-of-way with half-street improvements (43-foot) . If Cal Trans requires 12-foot minimum travel lands and 14-foot minimum curb lanes, Collier Avenue will require 106-foot right-of-way and additional dedication will be required. 56. Applicant shall contribute for the design and j construction of the following signals: Collier/Central (25%) $37, 500 Central/I-15 SB Ramps ( 5%) $ 7, 500 Central/I-15 NB Ramps ( 5%) $ 7, 500 57 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish i grade certification. 58. All tracts and engineering . shall be digitized by developer per City Standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at _ the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1, 000 per sheet for future final tract digitizing. 59 . The developer shall pay for "No Parking" and Street Sweeping signs. 60. Utility companies shall approve their easements as to size and location on map prior to final map approval. 61. Prior to final map approval developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan of Drainage for this area, and the final plan has noIyet been adopted but the previously completed Master Plan for Drainage for the West End indicates a fee of $4, 000 per acre, the developer shall deposit such fee which may be partially refunded if the drainage fee for this area plan is lower. 62 . When an assessment district is formed for the infrastructure in this area fees required under Condition Nos. 49, 56, 61 will be refunded to the applicant provided these improvements are included in the district. 63 . The private one-way street shall have a 40-foot width, a 20-foot landscape setback on each side of it, and an entry off of Central and exit off of Pasadena, subject to the approval of the County Fire Department and City Engineer. No Parking signs shall be posted on the one-way street. I PAGE TEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 Planning Division Conditions = Industrial Protect 90-5 1. Approval of Industrial Project 90-5 is contingent upon the approval of Tentative Parcel Map 26326. 2 . Design review approval for Industrial Project 90-5 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4 . These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7 . Building shall be constructed as depicted on plans or .� as modified by the Community Development Director or his designee. 8 . A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. These revised plans shall become the approved plot plan only upon the review and approval by the Community Development Director or his designee. i 9 . Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 10. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. A final grading plan shall be submitted and shall be .�. subject to the approval of the Chief Building Official. I 12 . Applicant is to meet all applicable City Codes and Ordinances. ' i PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 13 . Meet all State handicap requirements. 14 . Meet all Riverside County Health Department requirements. 15. No outdoor storage shall be allowed for any tenant. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 17 . No roof ladders shall be permitted. 18 . The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all building including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 19 . All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. 20. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in the building plans. 21. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 22 . All exterior downspouts shall be painted to match the building. 23 . Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailbox Plan shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 24 . A six-foot (61 ) high decorative masonry block wall shall be constructed along the property line abutting Lots 16 through 24 where the parking area abuts the adjacent property. 25. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a fee to be determined at the time of submittal, and the Community Development or his designee. a) All planting areas shall have permanent and ' automatic sprinkler system with 100% watering coverage. f I PAGE TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24 inch box, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher than thirty-six inches (3611) . — e) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. g) Any transformers and trash enclosures/mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j ) Final landscape plan must be consistent with approved site plan. k) A five-foot (51 ) wide landscape planter shall be constructed along the wall indicated in condition number 24 . 26. Applicant shall plant street tree on each lot, selected form the City Street Tree List, 30 feet apart and at least 24 inch box. A single species shall be used for each street and shall incorporate solar subdivision design principals. The planter island within the driveway area may not encroach into 1 public right-of-way. Plan shall be submitted to the Community Development Director or his designee for approval . 27 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 28. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall pack units shall be permitted. I PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 29. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 30. Applicant shall annex project into the City' s Landscape and Lighting District. 31. DELETED. 32 . The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17 .94 . The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 33 . Parking stalls shall be double-striped with four-inch (411) lines two-feet (21 ) apart. 34. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 35. This project shall be designed so that every unit is provided with at least one (1) 12 ' x 20 ' loading space as required by the City's Municipal Code. a) Loading spaces shall be provided per Code for Building Nos. 22, 23 , and 24 . b) Loading spaces shall be provided as shown on the approved plan. 36. Trailers utilized during construction shall be approved by Planning Division. 37 . On-site surface drainage shall not cross sidewalks. 38. A contrasting accent exterior color shall be utilized to break up the continuity of the facade. 39. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Department Conditions 40. Conditions of approval for Parcel Map 26326 shall �— apply to Industrial Project 90-5. Building Permits for I 90-5 will be issued after recordation of Parcel Map 26326. County Fire Department Conditions 41. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 42 . Provide or show there exists a water system capable of delivering 2500 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. 43 . A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2-l/2"x2-l/2") , will be located not less than 25 feet or more than 165-feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 44 . The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 45. Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside county fire Department. " 46. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s) . A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. I 47 . Install a supervised water flow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per Uniform Building Code. 48 . In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. i 49. DELETED. 50. Certain designated areas will be required to be maintained as fire lanes. i 51. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. 52 . Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413 . 00 to the Riverside County Fire Department for plan check fees. 53 . Final conditions will be addressed when building plans are reviewed in Building and Safety. I PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 Elsinore Valley Municipal Water District 54 . This property is in the 1434 pressure zone with a maximum serviceable pad elevation of 1314 . 55. Pay water and/or sewer connection fees per Resolution No. 971. 6 prior to Certificate of Occupancy issuance. 56. Submit hydraulic analysis to determined on-site and/or off-site sewer facilities sizing to meet E.V.M.W.D. Standards. a) Design and construct 20 ' waterline in Central Avenue to tie-in to the 27" loop line in the Lake System. b) Mainline extension along Collier Avenue is required; size as hydraulicly determined to meet fire flow needs for parcels 25 and 26. c) Construct sewer facilities as identified in the Sewer Master Plan in Assessment District 86-1. 57 . Submit hydraulic analysis to determined on-site and/or off-site water facilities to meet Riverside County Fire Department requirements using fire flow plus maximum day demand. 58 . Any required off-site street improvements require water and/or sewer line extensions within the new street. 59. Design and construct water and/or sewer facilities along entire project frontage and to surrounding areas, to E.V.M.W.D. Standards and Specifications. 60. Prepare a water and sewer facilities plot plan for commercial and industrial projects if on-site water and sewer lines and other service facilities are required. 61. Plumbing plans for commercial and industrial units shall be reviewed and approved by E.V.M.W.D. 62 . All waste discharges shall be subject to E.V.M.W.D. Ordinance No. 71 and industrial wastes may require pre-treatment and/or installation of individual monitoring stations. i ! 63 . A commercial/industrial waste survey is to be completed and returned to E.V.M.W.D. c/o Mr. Wally Borchard. 64 . A reduced pressure principle backflow device is required after the service meter or after an irrigation meter per Resolution No. 951. 65. Install ultra low flow toilets and water conserving appliances and appropriate landscape irrigation systems. 66. Fire detector check(s) are required for all on-site fire protection facilities. Spring loaded traffic lid and concrete vaults are required. 67 . Conditions, covenants and restrictions shall be drafted for this project. The conditions shall be PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 stated as follows: a) Any change in occupancy in the commercial and/or industrial unit shall require the new occupant to make written notification to E.V.M.W.D. The written notification shall include the following information: 1. Name of Occupant 2 . Name of Business 3 . Business Address 4. Industrial Unit. No. 5. Nature of Business Operation 6. Expected type and Quantity of Industrial Waste to be discharged. 68. Project will provide a will-serve letter and connect to sewer. 69. For projects with conditions to construct regionally sized facilities: a) The developers will have full responsibility for construction and costs of any required regionally sized facilities, required upgrades and/or oversizing of any existing facilities. b) The District's policy and primary method of participant financing of the regional facilities is to develop a reimbursement agreement. On a case by case basis, the District may review the potential for crediting some proportionate amount of the connection charges against the construction costs of the regional facilities. The crediting of connection fees is discretionary and requires the approval of the Board of Directors. APPEAL 32 . Appeal of Planning Commission Conditions of Approval - George Alonai. Appeal of Conditions 13 , 15, 17, 23 , 25, 26, 29, 39, 42 and 43 for Residential Project 90-10. City Manager Molendyk commented that based on feedback and investigation, there are areas which should be reviewed further. He suggested that Council consider a Study Session to discuss those areas as well as other downtown and in-fill concerns. Mr. Alongi advised that he has no objection to a Study Session, but requested that the conditions not be forced until that time and that they not hold up his project. Community Development Director Gunderman advised that he has not yet submitted the plans for checking. Mr. Alongi clarified that he is ready to submit. Mr. Gunderman advised that this would probably be a 2 to 3 week process. Mr. Alongi expressed concern with submitting and then being required to re-draw portions and resubmit. Now Councilman Buck commented that based on the issues there should not be substantial changes to the plans either way. Mr. Alongi advised that particularly the landscaping requirements would be cause to redraw the plans. Council discussion ensued regarding the time factor and delays PAGE SEVENTEEN — CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i associated with the Study Session scheduling. Councilman Buck suggested that a portion of the concerns could be discussed this evening. He felt bonding for street, curb, gutter and sidewalk improvements was an unnecessary condition as the Certificates of Occupancy are not issued until they have been completed. He also felt the landscaping conditions should be reviewed for the potential of parkways, etc. Mayor Washburn suggested that they look specifically at this project. Mr. Alongi read the following portions of a letter dated September 4, 1990 and detailed each item: Condition 13 - This condition should be waived because there is no City right of way in which to plant street trees. The right of way consists of the concrete curb and the sidewalk. Our property line occurs at the back of the sidewalk. All landscaping shown occurs within our property lines and it is our prerogative which trees we will plant on our residential project. Should this condition be enforced, there will actually be less trees than proposed on our landscape plan. Condition 15 - We respectfully request to remove this condition from the appeal. We shall comply with this condition. Condition 17 - We request not so much an appeal as a clarification of the wording of this condition. The "park-in-lieu fee" wording may be misconstrued to mean automobile parking which we are sure does not apply to our project. Condition 20/22 - These conditions would seem to be redundant, a duplication of time and effort. Obviously, the engineering department and building departments will route the construction drawings through the planning department for their final approval . If the conditions are not met a permit will not be issued. If they are met then they have certainly been "acknowledged" . Please waive either condition 20 or 22 i or both. Condition 23 - We request waiver of this condition because the City of Lake Elsinore has no formal Landscape design guidelines neither inside nor outside of the right of way. This means that the landscape requirements are purely subjective. Given this background, our landscape drawings are as good as or better than the landscape consultants recommendations. Condition 23a. - We take strong exception to the requirement of bonds for landscaping work done on private property and request that this condition be waived. The bonds are a redundant means of ensuring that the landscape work is installed. The City Inspector can and will withhold the Certificate of Occupancy until the landscaping is completed. In our opinion, the bonds will discourage landscaping by M reducing the quantity and quality of the landscaping because the dollars normally spent for landscaping would go to secure bonds instead. If this work were in the right of way, it would be a different matter. In the area of our project the lighting and landscape assessment should cover maintenance of landscaping in the right of way. The material and labor bond could even be justified for a large commercial project with an absentee owner, however some latitude must be given to the local owner to take some pride and responsibility for PAGE EIGHTEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i maintaining his landscape. Condition 25 - We request that this condition be waived because it is simply too broad and general a condition to make. Certainly a tenant should be allowed to store a barbeque on his patio. The enclosure which is required to define private open space for each unit is meant to screen tenant's outdoor storage. If there are other concerns regarding outdoor storage then they should be addressed specifically. Condition 26 - This condition should be waived because it is a misinterpretation of Section 17 . 14 . 120A of the City's Zoning Ordinance. The Ordinance clearly indicates that trash enclosures are required for multi-family projects of eight or more dwelling units. Our project consists of three buildings on three separate lots; two triplexes and one duplex. No one lot has more than three units on it so Section 17. 14 . 120A does not apply. Condition 28 - We have entered into an agreement, for a value of consideration, to turn over all water rights to all lots involved to the Elsinore valley Municipal Water District and the Elsinore Water District. Please waive this condition. Condition 39 - We request that this condition be waived because the Riverside County Fire Department will not respond regarding this project since there are not enough units involved per lot. Condition 42 - We take extreme exception to this condition because the City of Lake Elsinore has no ordinance nor resolution in place to collect such funds. There is an assessment district which should be funding signs of the type described in the condition. VOW Condition 43 - We request that this condition be waived for several reasons. As a point of clarification we would exclude from this discussion any work done on the corner of Langstaff and Pottery because it is private property until it is deeded to the City. As to the off-site improvements the Bonds conditioned are simply not necessary as a means to insure the completion of the work. The work in the right of way is for a residential project and the City inspectors can and will withhold the Certificate of Occupancy until the off-site work is completed. The bonds simply drive up the cost of construction and are redundant in as a means of completing the work. The certificate of completion is the correct means to insure completion of off-site improvements. In summary, the Planning Commission, City Council and Building Department should be concerned for the health and safety of the public, first and foremost, and should be responsible to keep the cost of building housing from escalating beyond the public' s ability to acquire it. Many of the conditions of approval that we have appealed have a financial impact on our project because they are redundant, unnecessary, or because they have been misapplied to our project. I Respectfully submitted, George Alongi, A & A Investments Council discussion ensued regarding each condition and its applicability. Mr. Alongi requested continuance of his appeal until after the PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i i proposed Study Session. MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO CONTINUE THIS REQUEST. Mayor Washburn expressed concern with this motion and recommended that action be taken tonight. Councilman Winkler commented that he has concerns with conditions 23a, 25 and 43 and stressed the point that the applicant is taking the gamble with regard to the outcome of - the Study Session. Mr. Alongi confirmed that he would prefer to continue to allow for further consideration of the conditions. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH WASHBURN CASTING THE DISSENTING VOTE. BUSINESS/DISCUSSION ITEMS 51. Extension of Time Tract 20472 , Revised - Friedman Homes. A request for a one-year extension of time for Tentative Tract 20472 Revised. This constitutes the first extension of time request for the revised map. The Tentative Tract is located ! in the eastern-most planning area of the Canyon Creek Specific Plan and is adjacent to, and both northerly and southerly of Railroad Canyon Road. Community Development Director Gunderman detailed this request and the progress which has been made by the applicant. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO GRANT A ONE YEAR EXTENSION OF TIME FOR TENTATIVE MAP 20472 REVISED BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE ADDED AND REVISED CONDITIONS OF APPROVAL: Findings 1. This subdivision is consistent with the Canyon Creek Specific Plan Area adopted for this site and surrounding properties. 2 . Provisions have been made for the realignment and widening of Railroad Canyon Road. 3 . The public health, safety and welfare will not be adversely effected by this subdivision. Added Conditions l.a. All lot configurations must conform to the Canyon Creek Specific Plan development Standards. The minimum lot area permitted is 6, 000 square fee. The minimum lot width permissible is fifty-three (53) feet except for cul-de-sacs which shall have a minimum lot width of thirty (30) feet at the -- property line and forth (40) feet at a lot depth of twenty (20) feet. Site development standards shall be that specified for the R-1 (Hillside Planned District) zoning district and the general residential development standards unless otherwise specific by the Specific Plan text. l.b. House plotting, architectural drawings, floor plans, landscaping and fencing plans shall require Minor Design Review approval prior to issuance of grading permits to ensure consistency with the approved Specific Plan. PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 l.c. All trailers utilized during construction shall be subject to the review and approval of the Community Development Director prior to issuance of building permits. 2 . Grading, right-of-way and street plans for tract shall match Railroad Canyon Road as designed by Project Design Consultant. 3 . No single-family lot shall have access to Railroad Canyon Road. wool 4 . Developer shall contribute to the City's Master Entry Way Sign Program at a rate of $100. 00 per forty (40) dwellings. 5. The developer shall pay for "no parking" and street sweeping signs. 6. All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of recordation no system has been established by the City, this condition shall be waived, and the developer will pay a fee of $1, 004. 00 per sheet for future final tract digitizing. 7. Developer shall contribute $9, 000 towards the design and construction of a traffic signal at the intersection of.Railroad Canyon Road and Grape Street. This development will increase traffic at the intersection at least six (6%) percent and should contribute six (6%) percent towards construction. 8. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 9. River Trail Road shall have a fifty (50) foot right-of-way and thirty-six (36) curb-to-curb with a four (4) foot public utility easement. Revised Conditions 38 . DELETED 51. Maintenance of rip-rap and access road along San Jacinto River bank shall be the responsibility of the developer or homeowners association or property owner, subject to the approval of the City Engineer. 53 . DELETED 54 . DELETED 55. DELETED 56. DELETED 68. DELETED I 69 . Slopes abutting Railroad Canyon Road right-of-way NOW shall. be maintained by a homeowners association or property owners. Developer shall retain maintenance of the slopes for one (1) year after final approval of the project. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 I i ! 52 . Tentative Parcel Map 23411 - Gabel, Cook & Becklund, Inc. A request to extend the above referenced industrial Map for a period of one year. The site is located at the northwest corner of Dexter Avenue and Second Street. Community Development Director Gunderman detailed this request and the applicant's progress thus far. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO EXTEND TENTATIVE PARCEL MAP 23411 FOR A ONE YEAR PERIOD BASED ON THE FOLLOWING FINDINGS: Findings 1. The subdivision is consistent with the General Plan, Zoning and Subdivision Ordinance. i 2 . The map conditions have been met and the map is ready to record. 53 . Request for Waiver of Conditional Use Permit Fees for Lake Elsinore Christian Fellowship. Community Development Director Gunderman explained that this group has already applied for and paid fees for two Conditional Use Permits prior to this application. Councilman Dominguez further clarified that this group has already paid fees twice. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS _ VOTE TO APPROVE THE REQUEST FOR WAIVER OF FEES PURSUANT TO COUNCIL POLICY. i BUSINESS ITEMS i54 . Second Reading - Ordinance No. 903 . Relating to Zone Change 90-7 - Coastal Valley Development. I MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 903 : ORDINANCE NO. 903 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 10. 68 ACRES FROM RURAL RESIDENTIAL (R-R) TO GENERAL COMMERCIAL (C-2) LOCATED BETWEEN DEXTER ON THE NORTHEAST AND INTERSTATE 15 FREEWAY ON THE SOUTHWEST AND THE EXISTING CITY BOUNDARIES ON THE NORTHWEST AND SOUTHEAST. (ZONE CHANGE 90-7 COASTAL VALLEY DEVELOPMENT) . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER _ NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN 55. Second Reading - Ordinance No. 904 . Relating to Zone Change 90-10 - George Alongi. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 I i MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 904: ORDINANCE NO. 904 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING . 62 ACRES FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (HIGH DENSITY RESIDENTIAL) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF POTTERY AND LANGSTAFF STREETS (ZONE CHANGE 90-10 - GEORGE ALONGI) . UPON THE FOLLOWING ROLL CALL VOTE: tam AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56. Second Reading - Ordinance No. 905. Relating to Kangaroo Rat Mitigation Fees. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 905: ORDINANCE NO. 905 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NOS. 866, 859 AND 869 AND ADOPTING THE STEPHENS ' KANGAROO RAT MITIGATION FEE ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk reminded the Community that Railroad Canyon Road is now projected to be open by October 31, 1990. He also reminded the City Council of the September 20, 1990, Joint Study Session with the School Board at 3 : 00 p.m. CITY COUNCIL COMMENTS Councilman Winkler commented on the recent improvements to Lakeshore Drive from the Four Corners area to nearly TeePee Ranch. Councilman Starkey commented on the success of the Labor Day Rock and Roll Concert and the dedication of the City's Pepsi Playpark. Mayor Washburn reiterated the Railroad Canyon Road target date of October 31, 1990. He commented on the Temecula Tractor Race Media event in which he beat Ron Parks, Mayor of Temecula. Mayor Washburn thanked staff for their work on the improvements to the Community Center. Mayor Washburn advised that he met with representatives of GTE in response to his concerns from the last meeting and requested correction of the problem. He is now awaiting a letter from GTE PAGE TWENTY-THREE - CITY COUNCIL MINUTES - SEPTEMBER 11, 1990 i I advising of their solution. Mayor Washburn advised that he and Councilman Dominguez attended the County Growth Management Workshop in Riverside on behalf of the City and commented that it was a good forum to cultivate cooperation between the cities and the County. Mayor Washburn advised that a report on Day Workers had been received from the Community Development Corporation and he appointed Councilmembers Winkler and Dominguez to a committee to �. review the report and make recommendations. CLOSED SESSION None. ADJOURNMENT MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9: 05 P.M. n I i ARY M WASHBURN, MAYOR CITY LAKE ELSINORE A' TEST: '— VICKI 1' 1Dj, CIrTY CLERK CITY OF LAKE ELSINORE i I I I MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 25, 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7: 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Albert McArthur, 226 E. Peck Street, commented on the July 10, "—' 1990 denial of franchise for cable t.v. to Jones Intercable. He also commented on the pending litigation against the City and recommended overturning their decision. 2 . George Alongi, 649 Mill Street, commented on the success of the United Way Telethon and the cooperation between all groups in the Community. He further commented on Council Policy relating to appointment of Planning Commissioners and called for the resignation of Commissioner Bill Saathoff due to his recent relocation to Temecula. 3 . Terry Phelps, 240 E. Graham, thanked the Community and specific individuals for their contributions and effort on the United Way program and for their personal support to him and his efforts. PRESENTATIONS/CEREMONIALS A. Proclamation = Eric Raymond. Mayor Washburn commented on Mr. Raymond' s cross country flight in a solar powered aircraft and thanked him for his personal contributions to technology and the Community. He also read a proclamation and presented Mr. Raymond with a key to the City. Mr. Raymond thanked the Council and highlighted his upcoming endeavors. B. Proclamation = Red Ribbon Week = Dr. Larry Maw. Mayor Washburn read the proclamation and presented it to Sharon Lindsay, Assistant Superintendent for Student Services (representing Dr. Maw) . Ms. Lindsay commented on the efforts of the Red Ribbon Week Campaign, and introduced Debbie LoVeter who has been coordinating the festivities. Ms. LoVeter PAGE TWO - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 detailed the activities that have been scheduled during Red Ribbon Week and the Opening Event. C. Presentations = Pepsi Playpark Contest Winners. Mayor Washburn introduced Michele Norfolk & David Evans and commended them for their artistic abilities and detailed the contest in which they were involved. He presented them each with a Certificate of Achievement. D. Presentations - Community Services Teen Volunteers. Mayor Washburn introduced Wendy Shaw, Renee Walker, Hayley Ulrich, Jolene Mages, Jenni Pineda, Shaunet Alberti and Liz Sabicer and commended them for their efforts and assistance to the City of Lake Elsinore and presented them with Certificates of Appreciation. He further commended Jenni Pineda, Shaunet Alberti and Liz Sabicer for over 300 hours of Volunteer Service each and presented them with Certificates of Merit. E. Surprise Presentation - Terry Phelps. Mayor Washburn commented on the many residents in our Community involved in notable projects inside and outside the valley. He further commented that some individuals are inspirations just by being part of the Community, he advised that one such individual is Terry Phelps. He detailed Mr. Phelps efforts for United Way including walking around the lake on crutches. He presented Terry with a key to the City. Mayor Pro Tem Starkey advised that he had walked around the lake with Terry and highlighted his perseverance and dedication to this Community. On behalf of a group of business people in the City he presented Terry with a V.C.R. City Manager Molendyk advised that King Video was prepared to show NORM a video regarding the status of Railroad Canyon Road. King Video showed the tape and Mr. Kirchner explained the progress. Mayor Washburn provided an update on discussions with GTE regarding the most recent phone book. Mr. Don Dobbins, representing GTE further explained the proposed plans for future collaboration prior to printing of directories. He advised the Community that Mayor Washburn had gotten their attention and the problem would be resolved with future printings. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7 and 8. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - September 11, 1990. The following Minutes were received and ordered filed: mom b. Planning Commission Meeting - August 15, 1990. c. Planning Commission Meeting - September 5, 1990. 2 . Received and ordered filed the Animal Control Activity Report for August, 1990. PAGE THREE - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 3 . Received and ordered filed the Investment Report for August 31, 1990. 4 . Ratified Warrant List for September 14, 1990. 5. Approved Amendment to City/County Agreement for C.D.B.G. Funds for Housing and Urban Recovery. 6. Approved Assessment District No. 90-1/90-1A - Summerhill for Friedman Homes and Adopted Resolution Nos. 90-88 thru 90-91. RESOLUTION NO. 90-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS ON PETITION. RESOLUTION NO. 90-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 90-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. RESOLUTION NO. 90-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. 9. Adopted Resolution No. 90-92 Establishing a Disadvantaged Business Enterprise (DBE) Program. RESOLUTION NO. 90-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND APPOINTING A DBE LIAISON OFFICER AND ESTABLISHING DBE GOALS. 10. Adopted Resolution No. 90-93 - Rescheduling Special Election for Community Facilities District No. 88-3 . RESOLUTION NO. 90-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 , AND SCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED r`. ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS. ITEMS PULLED FROM CONSENT CALENDAR 7. United Way Seed Grant. Councilman Dominguez questioned the purpose of this program and the proposed site of the facility to be implemented. PAGE FOUR - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 Mayor Washburn explained that this is a Seed Grant $16, 000 from United Way for establishment of the facility. He advised that this merely accepts the funds; and the proposed budget and site would come back to Council for review. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE REQUEST FOR THE CITY TO BE THE LEAD AGENCY AND ACCEPT THE SEED GRANT. S. Law Enforcement Study/Contract. Councilman Dominguez supported the five year contract with a one year termination clause, but requested clarification of previous direction to staff. City Manager Molendyk detailed the work of the Public Safety Committee and advised that staff is working on three year revenue and cost projections to bring to Council for review. He also suggested that this matter might be considered jointly with fire protection. Councilman Buck questioned the timing for return to Council. City Manager Molendyk advised that the Police issue would be only a short time, but the Fire Protection issue would take quite a bit longer. Administrative Services Director Wood detailed the work on revenue and cost review being undertaken and estimated six weeks for completion. Council discussion ensued regarding the timing of a special election for the ballot measure. It was the consensus of the Council to wait for additional information before attempting to schedule an election. Mayor Washburn questioned the full time chief position. City Manager Molendyk advised that it was included as the management position in the staff report, subject to further discussion with the Sheriff' s Department. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIVE YEAR CONTRACT, WITH AMENDMENTS TO INCLUDE THE LAW ENFORCEMENT MANAGER'S POSITION, DEPUTY-DAY SHIFT, CRIME PREVENTION OFFICER-DEPUTY AND TWO COMMUNITY RESOURCE OFFICERS. PUBLIC HEARINGS 31. Resolution of Necessity to Order Acquisition by Eminent Domain (Ayres) . Resolution No. 90-86. City Attorney Harper advised that this acquisition is in connection with the Summerhill sanitary sewer system construction, and negotiations to date have not been successful. He clarified that this action is only the resolution of necessity and does not involve dollar figures. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8 : 00 p.m. asking those people interested in this item to speak. Hearing no one, the public hearing was closed at 8 : 01 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY A VOTE OF 4 TO 0 MOW WITH WASHBURN ABSTAINING TO ADOPT RESOLUTION NO. 90-86. RESOLUTION NO. 90-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND PAGE FIVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS. BUSINESS/DISCUSSION ITEMS 51. Extension of Time - Parcel Map 23400 - Ann Carlson. A request to extend the map for a period of one year. The subdivision consists of three (3) parcels created from 1.7 acres located north of Turnball Avenue, east of Gunnerson Avenue. Community Development Director Gunderman detailed this request and the progress that has been made thus far. He recommended the one year extension. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE A ONE YEAR EXTENSION OF TIME. 52 . Commercial Project 90-12 - United Metric Development Corporation/BHI Dover Fund V Chief Auto Parts) . An appeal of the Planning Commission decision to deny without prejudice the above referenced project - an auto parts store located at the Town Center retail plaza. Resolution No. 90-94 . Approval or Denial. Community Development Director Gunderman detailed the concerns expressed by the Planning Commission. He also commented on the possibility of a code amendment to prohibit future requests of this type. Allen Davis, President, United Metric Development Corporation, expressed concern with the ability to proceed in a timely manner, and the inapplicability of the Planning Commission's concerns to the design review process. He offered to answer questions from Council. Warren Tyler, Architect, detailed the current design and the modifications made previously upon staff' s recommendations. Jim Kubaki, Regional Manager for Chief Auto Parts, commented that they do not condone repairs being made in the parking lot. He also detailed his company's involvement in Community events. Wally Rust, Manager for Chief Auto Parts, stressed his belief that there are limited car repairs actually occurring in the parking lots. He also advised that Chief is requesting approval at this new location to provide a larger store with increased inventory. Allen Davis, further commented on the combination of use considerations in the design process. He recommended an ordinance similar to Coachella ' s to provide for increased enforcement. City Attorney Harper confirmed that the issue is really design and use is not an appropriate consideration. He suggested legislation such as Coachella's with the addition of punitive action against store owners who allow repairs to occur. He PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 also suggested future consideration of a CUP process for this type of license. Councilman Buck questioned the applicant' s willingness to provide private security. Mr. Davis clarified that they are willing to provide security during business hours, not 24 hours a day. He also advised that they are willing to provide upgraded trash pick-up and maintenance. Council discussed the need for a revised Ordinance and the time constraints of further consideration on this project. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 1 WITH DOMINGUEZ CASTING THE DISSENTING VOTE TO REFER THIS ITEM BACK TO THE PLANNING COMMISSION WITH INSTRUCTION FROM THE CITY ATTORNEY AS TO LEGAL OBLIGATIONS AND A REQUIREMENT THAT THEY FOCUS ON DESIGN REVIEW AND COUNSEL LOOK AT APPROPRIATE STATUTES FOR ABILITY TO ENFORCE THE DESIRES OF THE PLANNING COMMISSION AND CITY COUNCIL. 53 . Extension of Time - Tentative Parcel Map 23361 - K-Mart. Community Development Director Gunderman detailed the concerns with this project and the mitigation which has already occurred. Leonard O'Byrne, Camelot Properties, detailed his efforts to resolve concerns. Bill Boyer, K-Mart, advised that work is continuing to replace the landscaping and detailed some difficulties they have had in this effort. City Manager Molendyk advised that he had visited the site this date and the main concern remaining is the erosion control and drainage. Mayor Washburn questioned the ability to grade the property to �. mitigate these concerns without removing dirt that would later need to be replaced. Fred Crowe, Butterfield Engineering, advised that he believed this could be accomplished with rough grading. Mr. O'Byrne advised that he is willing to pursue this. After further discussion of timing for grading, a one month continuance was suggested. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR ONE MONTH. Councilman Starkey stressed the need to proceed with this work quickly to beat the rainy season. 54 . Stephen' s Kangaroo Rat Allocation Program. Community Development Director Gunderman explained the recommendation and the need to proceed with acquisition of K-Rat areas. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO SET A PUBLIC HEARING FOR OCTOBER 23 , 1990. BUSINESS ITEMS 55. Selection of Voting Delegate and Alternate - League of California Cities Annual Conference. Mayor Washburn appointed Mayor Washburn as Delegate and Mayor Pro Tem Starkey as alternate for the Annual conference. PAGE SEVEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 1990 CITY MANAGER COMMENTS City Manager Molendyk advised that staff is working to schedule a Study Session regarding Security Systems. CITY COUNCIL COMMENTS Councilman Dominguez thanked Homestead Development for their .— opening celebration at Tuscany Hills. Councilman Starkey requested an Executive Session regarding Lake Management property acquisition. Councilman Winkler advised that he was reelected as the Treasurer for the Inland Empire Division, League of California Cities. Councilman Buck advised that the Golden Spectrum penny drive will run from October 1 thru December 1 and encouraged everyone to help with this fund-raising event. Mayor Washburn thanked staff and Council for their efforts on the United Way Telethon. City Manager Molendyk suggested a joint executive session with the Redevelopment Agency. City Attorney Harper advised that the executive session would be for the purpose of discussing acquisition of property for Lake Management, and pending litigation with Adams Advertising, Kunz, and two relocation matters. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 25 P.M. •-- THE CITY COUNCIL MEETING RECONVENED AT 9: 28 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:28 P.M. TO DISCUSS THE MATTERS PREVIOUSLY MENTIONED. THE CITY COUNCIL MEETING RECONVENED AT 10:25 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BX BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY C NCIL MEETING AT 10:26 P.M. i. J JARY M. WASHBURN, MAYOR CITY 0 LAKE ELSINORE AI TEST: t-- KI 10rSAD, C Y CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 28281 ROBB ROAD LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 9, 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and Deputy City Clerk Bryning. PUBLIC COMMENTS 1. Mr. Roger Hyde, 41503 Ave. De La Reina, addressed Council regarding Hang Gliding and the Hang Gliding Association and requested continuance of positive support for the acquisition of a hang gliding landing field in Lake Elsinore. 2 . Miss Aisha Miller and Mrs. Miller, P.O. Box 1377, presented Council with a painting of the mountains in Lake Elsinore and her concept of what was happening with the development and asked Council to pay special consideration to the amount of development which was occurring in Lake Elsinore and preserve the open space for the enjoyment of all the children. PRESENTATIONS/CEREMONIALS A. Proclamation - Cents for Seniors Makes Sense. Mayor Washburn present a proclamation regarding "Cents for Seniors Makes Sense" . The Proclamation was accepted by Councilman Will Buck who explained the purchase of a Van for use by the Seniors was the purpose of the penny drive. B. Mr. Jim Rhodes President of the Lake Elsinore Valley Chamber of Commerce presented the candidates for the Miss 'Lake Elsinore Pageant which will be held on November 10, 1990 at the Lake Elsinore Community Center at 7 : 00 p.m. "-' C. City Manager Molendyk introduced Mr. Bill Bashom of B.S.I. presented an up-date on the Railroad Canyon Road construction. He stated that the south side was complete and that work is in progress on the remaining roadway and that the project is on schedule. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item No. 6 PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 9, 1990 MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH MAYOR WASHBURN ABSTAINING ON ITEM NO. 9 . 1. The following Minutes were approved: a. City Council Meeting - September 11, 1990. The following Minutes were received and ordered filed: b. Planning Commission Meeting - September 12 , 1990 C. Planning Commission Meeting - September 19, 1990. 2 . Received and ordered filed the Building Activity Report for September, 1990. 3 . Received and ordered filed the Code Enforcement Activity Report for September, 1990. 4 . Received and ordered filed the Structure Abatement Activity Report for September, 1990. 5. Ratified Warrant List for September 28, 1990. 7. Approved adoption of Resolution 90-94 - Contract Renewal for City Manager. RESOLUTION NO. 90-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RENEWING AND AMENDING THE CITY MANAGER CONTRACT. 8. Approved adoption of Resolution No. 90-95 - Annexation No. 52 . RESOLUTION NO. 90-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHIBITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 52 - HOMESTEAD LAND DEVELOPMENT (FORMERLY TMP INVESTMENT) " . 9. Approved Sales Agreement and final terms for the sale of surplus property to Frank H. Ayres and Son Construction Company, Mayor to execute the agreement and staff to proceed with property transfer process. (Washburn abstained) . 10. Approved adoption of Resolution No. 90-96 and Resolution No. 90-97 - Acquisition of Easement - Railroad Canyon Road. RESOLUTION NO. 90-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 9, 1990 RESOLUTION NO. 90-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN. 11. Approved adoption of Resolution No. 90-98 - Northwest Sewer Assessment District - Bond Indenture and Purchase Agreement. RESOLUTION NO. 90-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND PURCHASE AGREEMENT FOR A SPECIAL ASSESSMENT DISTRICT. 12 . Approved the request by the Lake Elsinore Valley Chamber of Commerce for the City of Lake Elsinore to take over the Annual Fireworks Show as part of the City' s annual July 4th Program. 13 . Approved public hearing for October 24, 1990 for the following: Tentative Parcel Map 26052 - Withrow Ranch, Inc./The Keith Companies. A request to divide existing tentative Tract Map 24213 consisting of 56. 93 acres into three (3) parcels in order to provide for separation of financing. This tract of land is located south and adjacent to the northwest extension of Lincoln Street east of Grand Avenue. 14 . Approved adoption of Resolution No. 90-99 - Rescheduling a Special Election within Community Facilities District No. 88-3 . RESOLUTION NO. 90-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE POSTPONING AND RESCHEDULING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS. ITEM PULLED FROM CONSENT CALENDAR 6. Fire Protection Services Agreement - Fiscal Year 1990-91. Councilman Starkey explained the purpose of the agreement was to increase the level of service provided to the public. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRE PROTECTION SERVICES AGREEMENT FOR FISCAL YEAR 1990-91. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 9, 1990 PUBLIC HEARINGS 31. General Plan Revision and Related Environmental Impact Reports. Community Development Director Gunderman gave an overview of the project to date and submitted information to clarify Public and Planning Commission concerns. Mr. Gunderman detailed the use of the Specific Plan in the General Plan and explained that this is a zoning tool . The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 30 p.m. asking those people interested in this item to speak. 1. Ms. Stephanie Smith, 29053 Forest View, spoke in favor of Item No. 2 in regard to proper development by Santa Rosa Development utilizing proper land use. 2 . Mr. Duane Vest, 28891 Hobb Rd. , stated that he was in favor of the Santa Rosa Development and stressed that the people living in the area -should be fair in their opinions and give others the option to develop on the land that they own. 3 . Mr. Brian Esgate, 5225 Canyon Crest, Riverside, stated that as the Engineer for Santa Rosa he felt that the project proposed is a proper land use and would contribute to the community and agreed with the Specific Plan areas. 4 . Mr. Wayne Kunze, 16519 Kiwi Way, stated that he was in favor of the Santa Rosa project for a balance in shopping areas within the City. He felt that the project would "' offer first class sites and bring a good tax revenue to the City. 5. Mr. Harold Langston, 16511 Mountain Street, stated that he would like to see a commercial center on the Santa Rosa site which would provide the greatest good for the most people. 6. Mrs. Chris McColley, 29072 Palm View, expressed her concern regarding a commercial project proposed by Santa Rosa Development and stated she opposed this land use in the proposed area, citing several city documents which designate the proposed area as R-1. 7 . Mr. Robert C. Sellevold, 29078 Palm View, stated his objection to the commercial development proposed by Santa Rosa Development and stated that the financial facts do not accurately represent the commercial-retail proposal. 8 . Ms. Jeannie Martineau, 29042 Mango Court, stated her objection to the proposed commercial development by Santa Rosa Development which is adjacent to two schools, Terra Cotta Jr. High and Torn Ranch Temporary School. She further stated that the safety of the children to and from school was in question as well and increasing potential truancy. 9 . Mr. John Sellers, 15610 Mountain Street stated his opposition to the Santa Rosa Development's proposal for a commercial center due to traffic circulation concerns. Mr. Sellers further commented on the current vacancy percentage found in the existing commercial centers and questioned the numbers presented by Santa Rosa Develop- ment. PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 9, 1990 10. Ms. Diane Crouse, 15171 Kings Way Drive, stated that she is opposed the commercial development proposed by Santa Rosa Development because of the location and imbalance it could cause the community. She suggested that the four corners area be addressed for commercial for the west end of Lake Elsinore. Mayor Washburn asked if anyone else would like to speak on item # 2 , Santa Rosa Development. Hearing no further comment Mayor Washburn then asked City Attorney Harper if Planning Commission did a consensus of these items presented? City Attorney stated that Planning Commission did review the items and is a consensus of the items has been provided. Mayor Washburn asked Council for their input. Councilman Winkler addressed property rights in respect to the General Plan and the City Council ' s responsibility to the General Plan and the community. He thanked the persons who took the time to address City Council for their input. Mr. Winkler further explained that the City does need more commercial but the best place is the question he needs to consider. Councilman Buck stated that he is opposed to a commercial project adjacent to the schools or backs up to any residence. He further stated that he is not opposed to a specific plan project, if at the time of submittal they can show a good reason for a specific project. Councilman Buck stated that there is an alternate piece of property which could be addressed as commercial. a Councilman Dominguez stated that one way or the other this is going to please some and not others. He further stated that if the developer addresses Council 's wishes and concerns that he has no problem with the project. Councilman Starkey stated that this is a no win situation. He further explained feelings of opposition in regard to the commercial project due to the location. He commented with a specific plan there might be a way to address the project area. Mayor Washburn stated that he felt that specific plans make the best possible choices for Council. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO DESIGNATE ITEM NUMBER 2 AS A SPECIFIC PLAN AREA. Mayor Washburn asked if anyone else wished to speak. The following persons spoke: 1. Mr. Bob McClellen , 1730 Manly, NewPort Beach, addressed item No. 38 and questioned the underlying use of the Specific Plan and what mixture of uses it would give. He further stated that the State Law requirements must be met and he questioned the use by the City of the Specific Plan. City Attorney Harper stated that the use of the Specific Plan designation gives a broad perimeter of what will be done and does not create an obligation to define it in exact language. Councilman Dominguez questioned what the person is looking for. Staff stated that at the time of adoption that the specific language is addressed and that is heard by the Council at the time of Public Hearing for decision. I PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 9, 1990 i 2 . Ms. Barbara Nations - 15651 Laguna addressed item No. 38 - General Commercial and Medium High Density (18 Dwelling Units Per Acre)/Low Density (3 Dwelling Units Per Acre) - Patton, Malthy, Summers, Prijatel. Ms. Nations stated that in previous zoning attempts Medium to Low density was the issue. She requested that Council consider avoiding high density due to traffic concerns. Mayor Washburn asked what it would allow. „*r Director Gunderman stated that there would have to be a Public Hearing in order to rezone. 3 . Mr. Bob Charles - Lake Elsinore addressed item No. 38 - and stated that he was also concerned regarding the traffic and he felt that the Council has listened to the people and that he would not like to see high density residential in the area and stated he would like commercial. Mr. Charles commented that overall the proposed General Plan was good. Mayor Washburn asked for Council comment. Councilman Buck stated that he felt that the only decision that Council could make at this time was a Specific Plan designation. Councilman Starkey agreed with Councilman Buck and stated that he felt that the corner was not deep enough for a market, but he is personally opposed to high density in that area. Councilman Dominguez also concurred with the Specific Plan and would have future questions regarding commercial. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NO. 38 AS A SPECIFIC PLAN AREA. Mayor Washburn addressed item No. 1 - Specific Plan Area/Non Residential. Mayor Washburn stated that this was a change in topography and conditions. It is a different use for adjacent sites. Not residential, but more suited to industrial, recreational or institutional plans. Possibly some commercial at the intersection . Mr. Washburn further stated that he feels that there is not enough commercial and industrial on the General Plan in his judgment. Councilman Buck inquired as to what distance was proposed? Community Development Director Gunderman stated that because of E.V.M.W.D. I the area that is being discussed is addressed as a specific plan and the non-residential is because of the usage by E.V.M.W.D. We did not want to specify in the General Plan what the adjacent area is going to be. In other words let the process determine what the distance is going to be and what type of uses there are going to be in that area. He further recommended there be no residential uses next to that facility. vow Mayor Washburn then asked if it would then be better to designate this area as a specific plan. Mr. Gunderman agreed that it should be a specific plan. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVED ITEM NO. 1 AS A SPECIFIC PLAN AREA/NON RESIDENTIAL. Mayor Washburn then asked Council to agree to staff recommendations of Category "A" . ' PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 9, 1990 Mayor Washburn asked anyone interested to speak. Hearing No one he asked if Council had any further questions. Councilman Buck asked if the approval of the above items would concur with the decisions of the Planning Commission. Mayor Washburn responded that they would. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEMS 4, 5, 12, 15, 16, 18, 21, 22, 23, 24, 27, 28, 29, 30, 31, 34, 36, 37 .A, 41, 42 , 44, 48, 49, 50, 52, 54, 55, 56, 57, AND 58 AS LISTED IN CATEGORY "A" AS RECOMMENDED BY STAFF AND PLANNING COMMISSION. Mayor Washburn introduced Item No. 3 - Specific Plan Area/ Specific Area w/ Tourism Commercial on front 50 Acres - Tomlinson Enterprises. Mayor Washburn questioned the Commercial designation in regard to this item as a Specific Plan Area already addresses that. Consultant Planner Smothers stated that the applicant wished to make the Tourism Commercial specific. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NO. 3 . It was suggested by Councilman Buck that the public address council on any items listed which they have any concerns with. Council concurred. Mayor Washburn then asked the y public to come forward to state their concerns which were as follows: Mr. John Hyde, 32424 Murrietta Road, Sun City addressed Item No. 35 - Mountainous/Low Density (3 Dwelling Units Per Acre) - Hodge. He stated that he agreed with Planning Commission and Staff recommendation. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NUMBER 35. Miss Mariana Mohylyns, 145 Prospect Park West, Brooklyn, N.Y. , addressed Item No. 53 - Specific Plan "G"/Low Medium Density (6 Dwelling Units Per Acre) and Tourist Commercial. She asked for further information and clarification. Mr. Gunderman explained that this area be addressed as residential and tourist commercial. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NUMBER NUMBER 53 . Mayor Washburn asked for any further testimony, hearing none he asked for Council input. Mayor Washburn commended Planning Commission and Staff for their decision on Item No. 25 - Public and Institutional/ Specific Plan Area - Cordial. Mayor Washburn further commented on Item No. 43 - Mixed Use/High Density (24 Dwelling Units Per Acre) stated that he felt that this density was too high for current zoning. ' Director Gunderman stated that this area is specifically in the downtown area and was included in the General Plan because this is the latest and greatest downtown plan. The ' downtown plan will go through several changes, but right now what is seen in the downtown area is a reflection of that plan. PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 9, 1990 Mayor Washburn asked that items 43 and 47 be left open for further discussion and be considered separately. Council concurred. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE ITEM NUMBERS 6, 7, 8, 9, 10, 11, 13 , 14, 17, 19, 19.A, 20, 25, 26, 31.A, 32 , 33 , 33 .A, 37 .B, 37 .C, 38, 39, 40, 45, 46, 51 AS RECOMMENDED BY STAFF AND PLANNING COMMISSION. Councilman Dominguez requested a map which indicated the different zones and their definitions for public use. Director Gunderman explained that the General Plan does not reflect zoning, but when the Zoning Maps are done they will be available for public view and assistance. Mayor Washburn questioned the term "yield" . He called for a definition in regard to medium and high density in regard to "yeild" . Planner Smothers explained that High Density is R-3 which is 23 units per acre, Medium Density is R-2 which is 12 units per acre and the new zoning designation is Medium to High Density which is 18 units per acre and would require a new zone be written for the City between R-2 and R-3 . Below R-2 are the various R-1 category. From the current R-1 to the acreage forms of residential. Councilman Dominguez stated that Commercial Yields are very confusing. Staff clarified zoning and designation. %Now The policy of the General Plan was discussed and staff clarified several issues. A final draft of the policy will be brought to council for review and approval at the next meeting. Mayor Washburn requested clarification regarding traffic circulation. Mr. John Kain of Robert Kahn/John Kain and Associates, traffic engineer, gave an overview of the traffic circulation plan and the projected future of the City of Lake Elsinore. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE PUBLIC HEARING FOR THE GENERAL PLAN REVISION AND RELATED ENVIRONMENTAL IMPACT REPORT TO THE NEXT REGULAR CITY COUNCIL MEETING. BUSINESS ITEMS 51. Flood Damage Prevention Ordinance - Adopting the August 2 , 1990 Flood Insurance Study and Flood Hazard Boundary Map. Ordinance No. 906. Director of Public Services Kirchner explained that in order to maintain compliance with the National Flood Insurance Program the proposed ordinance updates to their current standards which reflect the new study and maps. now MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 906: ORDINANCE NO. 906 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 64 OF TITLE 15 OF THE LAKE ELSINORE MUNICIPAL CODE (ORDINANCE NO. 832) , ADDING A NEW CHAPTER 64 TO TITLE 15 OF SAID CODE WHICH SHALL BE KNOWN AS "FLOOD DAMAGE PREVENTION" . PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 9, 1990 UPON THE FOLLOWING ROLL CALL VOTE: E AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGERS COMMENTS i None. CITY COUNCIL COMMENTS Councilman Starke commented on the approved pproved request for the City to assume responsibility for the fireworks for the 4th of July celebrations. He stated that the Chamber of Commerce had organized the fireworks in the past and in doing so helped to bring the businessmen and community together and that will be missed. He also stated that the City will do a fine job and make the occasion a bigger and better 4th. Councilman Winkler addressed Proposition "A" and asked that a letter be sent in opposition to Orange County spending Proposition "A" funds on construction of highway and then charging for use of the same roadway. He further thanked staff for their work on the General Plan Amendment. ' Councilman Buck encouraged the public to become involved with the penny fund drive for the Senior Citizens. Mayor Washburn gave an update on the G.T.E. phone books and stated that there is a meeting set to resolve the name problems. He further announced that he had appointed Mr. Hugh Walker to sit on the County of Riverside Centennial Board and also thanked staff for all their work on the General Plan Amendment. THE CITY COUNCIL MEETING WAS RECESSED AT 9: 48 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9: 50 P.M. CLOSED SESSION THE CITY COUNCIL MEETING ADJOURNED TO JOINT R.D.A./CITY COUNCIL CLOSED SESSION AT 9 : 50 P.M. TO DISCUSS POTENTIAL LITIGATION AND KUNZ VS. CITY. THE CITY COUNCIL MEETING RECONVENED AT 11: 10 P.M. WITH NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL AT 11: 11 P.M. TO THE NEXT REGULAR COUNCIL MEETING. GARY WASHBURN, MAYOR CIT F LAKE ELSINORE AT ST: ADRIA L. BRYNING, DEP Y CIT CLERK CITY OF LAKE ELSINO$ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 23 , 1990 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Deputy City Clerk Bryning at 7: 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ADJOURNMENT At 7 : 01 p.m. Deputy City Clerk Bryning declared the meeting adjourned, due to lack of a quorum, to October 24, 1990 at 7 : 00 p.m. in the Auditorium of Terra Cotta Junior High School, 28281 Robb Road, Lake Elsinore, CA 92330. Adria L. Bryni g Deputy City C1 rk MINUTES ADJOURNED CITY COUNCIL MEETING CITY OF LAKE ELSINORE 29291 ROBB ROAD LAKE ELSINORE, CALIFORNIA WEDNESDAY, OCTOBER 24, 1990 CALL TO ORDER The Adjourned City Council Meeting was called to order by Mayor Washburn at 7: 04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Starkey. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER,. WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS A. Emerson Brigham, 33500 McGrew, Lake Elsinore, showed a map _ of his property and requested that Council expedite the appraisal work for that property. B. Elbert L. Smith, 5241 Marview, La Palma, advised that he is the owner of five parcels in the proposed island annexation area, and expressed opposition the the annexation. He further expressed concern with the potential zone change from County Commercial to City High Density Residential. He commented that all of the property owners in that area would prefer the commercial designation to remain. C. Irene Danon, Los Angeles, expressed concern with the Main Street project and the adjacent roadway closures. She also expressed concern with the zoning on Spring Street, she explained that her property has in the past been Industrial and that type of tenant is being denied licenses by the City. She requested more cooperation from the Water District and the City Staff in drawing tenants to the area. D. Terry Pebley, 30905 Corte de los Santos, Temecula, requested permission to address Item #10 when appropriate to do so. E. Robert G. Williams, P. O. Box 519, Lake Elsinore, commented on property held by Mr. Kramer and the impact of the proposed General Plan on that property. F. Dick Knapp, 29690 Dwan Drive, commented on the proposed General Plan Revision and expressed concern with the final product. He suggested that approval be postponed until more work is completed. G. Robert Martinez, representing Golden Spectrum, presented Councilman Winkler with a Certificate in appreciation for his contributions to the Penny Parade fund raising drive. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 24, 1990 PRESENTATIONS/CEREMONIALS A. Proclamation - United Way/American Cancer Society Campaign, 1990. Mayor Washburn read the Proclamation and presented it to Leslie Covey and commended her for her efforts toward this worthwhile cause. B. Mayor Washburn introduced Stew McKinley, magician, in recognition of Magic Week. Mr. McKinley advised that this week is designated Magic Week in connection with Houdini's %1WW death. He performed a magic trick for the audience. THE CITY COUNCIL MEETING WAS RECESSED AT 7:23 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:35 P.M. King Videocable showed an updated video of the newly opened Railroad Canyon Road and staff advised that a full opening should occur on December 1, 1990. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7, 8, 10, 11. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - October 9, 1990. The following Minutes were received and ordered filed: b. Adjourned Planning Commission Meeting - October 3, 1990. c. Regular Planning Commission Meeting - October 3, 1990. 2 . Received and ordered filed the Animal Control Activity Report for September, 1990. 3 . Received and ordered filed the Investment Report for September, 1990. 4 . Ratified Warrant List for October 15, 1990. 5. Approved Request to Co-Sponsor "Miss Frontier Days" subject to the following conditions: 1. Council Policy allows Chamber of Commerce use of the Lake Community Center rent free except for the $50 cleaning fee, and staff costs beyond normal hours. 2 . Any costs for security are to be paid by the Chamber of Commerce or another sponsor. 3 . The City will provide space for the pageant application in the Recreation Program Brochure on a mew space available basis. If additional pages are necessary, the Chamber will be required to pay the additional cost at $300 per page. 6. Adopted Traffic Control Resolution No. 90-100 relating to No Parking Zones on Lincoln Street and on Graham Street. PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 24, 1990 RESOLUTION NO. 90-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. (LINCOLN STREET AND GRAHAM STREET) . 9 . Adopted Resolution No. 90-103 - Relating to Claim for Funds Under the Transportation Development Act of 1971 (Article 4) . RESOLUTION NO. 90-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SIGNIFYING ITS INTENTION TO SUBMIT A CLAIM FOR FUNDS UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 AND AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO COMPLETE ALL DOCUMENTS TO SUPPORT CLAIMS FOR FUNDS. 12 . Approved Public Hearing date of November 13, 1990, for the following: a. Tentative Parcel Mau 25242 - Finkelstein. A request to subdivide the 16.98 acre parcel into 39 single-family lots. The project is located at the east side of the "T" inter-section of Hoff Avenue and Pierce Street. ITEMS PULLED FROM CONSENT CALENDAR 7 . Resolution No. 90-101 Accepting Grant Funds for Lakepoint Park Perimeter Walkways. Councilman Buck recognized Assemblyman Clute for his efforts in obtaining these grant funds. Mayor Washburn suggested the Mr. Buck send a personal note on i the City's behalf. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-101. RESOLUTION NO. 90-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR PUBLIC RESOURCES GRANT PROJECT KNOWN AS LAKEPOINT PARK WALKWAY PROJECT. 8. Resolution No. 90-102 - Relating to Lake Jurisdiction. Mayor Washburn read Resolution No. 90-102 in full for i information to the public. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-102 . RESOLUTION NO. 90-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE EXPRESSING A DESIRE OF THE CITY TO ACQUIRE A EXERCISE ' JURISDICTION. 10. Resolution No. 90-104 - Amending Resolution No. 90-77 Relating to Annexation No. 56. City Manager Molendyk introduced Consultant Fred Christensen. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 24, 1990 Fred Christensen detailed the annexation efforts in the West end of Lake Elsinore and explained the resulting request from LAFCO for annexation of the "hammerhead" area. He also detailed some of the concerns expressed by residents and i property owners in that area. Councilman Winkler requested clarification of the potential inconsistencies between zoning and the general plan discussed by the property owners, and what level of compliance would ultimately be required. City Attorney Harper explained the code requirements with regard to establishing consistency between uses. Councilman Winkler advised that he had attended the neighborhood meeting regarding this potential annexation, and that he was the one who suggested their attendance at this meeting. He also commented that their input might be more ' appropriately applied to item #31 regarding the General Plan. Mayor Washburn inquired whether the property owners of that area understood this reasoning. Mr. Elbert Smith stressed the need to resolve these issues at the earliest possible date before the consideration proceeds any further. City Attorney advised that the zoning could not be resolved tonight because of noticing requirements, but the County zoning could be addressed with the General Plan consideration. MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT RESOLUTION 90-104. Ms. Terry Pebley, 30905 Corte De Los Santos, Temecula, further stressed the need to resolve these issues as soon as i possible so the property owners can determine whether to support or oppose the annexation. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ... I RESOLUTION NO. 90-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ; AMENDING RESOLUTION NO. 90-77. 11. Lake Community Center/Council Chambers. Councilman Dominguez advised that he is opposed to Staff's recommendation. He expressed concern with the City's inability to utilize its own building, and suggested that the program participants be advised that their activities will be rescheduled. Councilman Winkler disagreed with Mr. Dominguez 's recommendation because of the community's interest in recreation programs and facilities. He stressed the number of { requests previously received from residents of the City. He also stressed the extensive use of the programs and their popularity. He supported the Staff recommendation. Councilman Buck agreed with Mr. Dominguez in that the City should have its own permanent meeting facility, but questioned the need to terminate existing programs at this time. He suggested that when the School District relocates to its new facility the staff work toward finding a permanent facility. He agreed that at that time the City should move to a more professional facility. Councilman Starkey supported Mr. Winkler's comments for the moment. He expressed concern with interrupting the programs A I I PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 24, 1990 already in progress and agreed that a new facility would be appropriate at a later date. Mayor Washburn advised that he feels strongly that the City needs its own facility and agreed that we will have it at some point. He commented on the popularity of the programs and facility and stressed that now is not the time for action. "-' MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO SUPPORT STAFF'S RECOMMENDATION. PUBLIC HEARING 31. General Plan Revision and Related Environmental Impact Report. Continued from October 9, 1990. Mr. Gunderman explained that this matter was cont inued from the October 9, 1990, City Council meeting for further consideration, review and clarification by staff regarding questions Council had at the last meeting. He further stated that material was distributed to Council to clarify some of the questions regarding Specific Plan Areas and the Central Business Designation. j Mayor Washburn asked that Mr. Gunderman address the questions brought forth by Mr. Smith in connection with the previously discussed hammerhead annexation. I Mr. Gunderman explained that the annexation area will need to be examined by staff to determine what existing uses there are in that area, what the designation is on our General Plan and whether there are inconsistencies to be resolved. He further stated that the majority of the proposed annexation is single family residences on large lots and the Planning Department would like it to remain so. Mayor Washburn commented on the possibility of conversion from County to City Classification and requested that the property owners meet with the Planning Department to resolve the inconsistencies prior to the next meeting. Councilman Winkler asked Mr. Gunderman if it would be possible for the Planning Department to address the proposed annexation area and get back to Council by the next meeting to clarify usage for the General Plan in that area. Mr. Gunderman confirmed that he felt it could be addressed. j Mayor Washburn requested Mr. Ballew's input on the Central Business District inquired whether it would allow for more flexibility than previously presented. Mr. Ballew explained the Central Business District and stated that the aim of this area is for higher density. He further stated that this addresses the historic part of town with the density being less the further out you progress from the i Central Business District, to promote preservation of the historical areas of the City. Mr. Ballew further explained that the language proposed allows for constructive flexibility in the downtown area Mayor Washburn then clarified that this area is a CBD Specific Plan. I Councilman Dominguez asked if the Council could leave the zoning as it is in the Central Business District and work with that. Mr. Ballew explained that there are severe I PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 24, 1990 inconsistencies that need to be addressed and that there is a risk that development could encroach inconsistently. Councilman Dominguez inquired whether the Council could grant some inconsistencies to allow work on solutions for that area to continue. Mr. Ballew explained that that is what the City is attempting with the Tourist Commercial area and commented that this works well as long as the property owners are willing to work with the City. Councilman Dominguez suggested more review in regard to this area before a decision is made. mow Councilman Buck questioned the flexibility of the language in regard to the CBD and if it would be flexible enough without costing the potential builder fees for zone changes. Mr. Ballew explained that this would be part of the entire downtown plan and procedures for processing are being established. Councilman Buck further questioned the map and wanted to know if there would be a future map which would define streets and the particular zone attached to each street. Mr. Ballew affirmed that one will be prepared. He further questioned any change that might occur in the area if the general plan revisions were adopted tonight. Mr. Gunderman stated that a better map would be developed to clearly define designations and boundaries. He further stated that no changes would occur in the CBD because of the designation which means the Council would adopt the Downtown Plan and the Overlay Zone at a later time. Mayor Washburn requested that the final map provide a clear definition of the boundaries within the General Plan. Mayor Washburn asked Mr. Harper if since we have reconvened •+�' the meeting does he need to open the Public Hearing? Mr. Harper advised that the Public Hearing is still open. Mayor Washburn called for anyone with a concern regarding the General Plan to speak. The following persons spoke: 1. John Schwab, 1426 West 6th Street, Corona, stated that he represents four property owners along Lakeshore Drive. He further stated that the common concern of his clients are zoning matters. The concern is the County zoning along Lakeshore Drive/Machado which is C-1 CP4 - General Commercial, versus the City staff designation along Lakeshore/Machado proposed as Low Density Residential. Mr. Schwab stated that if this were approved his clients would be forced to oppose annexation, therefore he is asking Council to continue the General Plan and change the designation to what currently exists to prevent opposition to annexation and satisfy everyone's needs. 2 . Cappy Carpenter, 16755 Grand Avenue, stated she is appearing on behalf of a client who owns the northwest corner of Machado and Lakeshore and she is not objecting to annexing into the City, but does not want to give up her zoning designation. She requested that the General Plan conform to the existing zoning. 3 . Mr. Robert G. Williams, P.O. Box 519, Lake Elsinore, stated that he still objects to the R-1 designation and several persons in Machado Pines are concerned with the zoning. He further addressed Mission Trail and Corydon I PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 Road which the County had zoned General Commercial and now the City has proposed Office Commercial. He stated that this created a conflict. Mr. Williams questioned the intersection of the Freeway and Franklin Drive. He i stated that all the former General Plans have designated this area different. This time it was designated as Mixed Use. .r- Mr. Gunderman explained that Mixed Use is a designation that permits a mixture of residential and commercial uses or commercial-office and residential type uses.- He further stated that it allows for commercial on the bottom floor, residential on the top floor, it allows for apartments/condominiums adjacent to office or commercial type uses. Mr. Gunderman further stated that the City will have to create a zone for this use. 4 . Mr. Doug Moreland, 565 Chaney Ave, addressed the proposed Schools, goals and language. Mr. Moreland further stated that under State Law local jurisdictions do not have the right to condition land use decisions to mitigate school impacts. We understand that there are not adequate schools for the new developments for children coming to Lake Elsinore and we share the desire to negotiate with the School District. Mr. Moreland stated that currently the state has the responsibility to fund school and legislate for such and if the proposed language were passed the School District would be relieved of the responsibility of going to the State and pass on the responsibility to the developer to mitigate the impact therefore the new residents would be paying twice, through the bond issues and through the cost of their house for the school facilities. Mr. Moreland further stated that earlier this week he had sent some proposed modifications to the language regarding the schools and would like Council to consider the proposed changes. 5. Mr. Ken Meddock, Brighton Homes, 505 North Tustin Ave. , Santa Ana, stated that Brighton Homes shares the same opinion of the last speaker in regard to language addressing schools. He further stated that schools are a problem in terms of providing adequate facilities and this gives the School District power over the developer and power over the City in the ability to zone properly. 6. Mike Magee, Pardee Construction Company, 41593 Winchester Road, Temecula, stated that he concurred with the two previous speakers. This type of language in Murrietta has caused several law suits and does not solve any problems. He further stated that the local school district has the opportunity to avoid this problem. Mayor Washburn asked if any other person wished to address the General Plan, hearing none he brought the discussion back to Council. Mayor Washburn stated that he would not have a problem approving in concept item number 4 which is the housing element, but he stated he has other concerns that he would like to address later on. Councilman Buck stated that after listening to the three developers discuss the school issue, he would like Mr. Harper to review the section and the language in the General Plan ` and give a ruling on it. Mr. Harper requested that Mr. Moreland provide the proposed i PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 24, 1990 language for his review. Councilman Winkler stated that he would like to continue the General Plan to the next meeting in order to review some of the issues brought up in former discussion. He further stated that the language in the General Plan gives the City the power to control the school situation. Mr. Winkler stated that the State is not addressing the entire problem. Mayor Washburn stated that he is in concurrence with continuance, but he feels that there should be more input from consultants. He further stated that he is in Now concurrence with the school situation. Councilman Buck expressed concern in regard to the section regarding schools. He stated that he would not like to see the City put at a disadvantage. He further stated that he would like to see a fair spread of responsibility to prevent a shut-down of new construction in the City, which would still allow the County to impact our school situation. Councilman Starkey concurs with previous comments and feels that the City can work out the problems. Mayor Washburn questioned the traffic analysis regarding equestrian trails, the element of the General Plan classification, and that if traffic circulation and mitigation are not met, could the City hold up a project until the Council is satisfied. Mayor Washburn also questioned bike lanes. The consultant briefly discussed the traffic circulation plan. Mayor Washburn further questioned implementation, once the General Plan is adopted, and we have a major artery around the lake through the older parts of town where we don't have sufficient right of way, and a person comes forward with a project and we state we need an extra 20 feet of dedication, what avenue do we have to adequately provide the necessary lanes we are after without jeopardizing the project that is feasible now, but not feasible after we adopt these. Mayor Washburn stated that we are going to face a lot of these types of situations. Consultant stated that there is some flexibility to give the City some leeway. Policy statements can also be used as a tool to help with the problem, this gives the Council the final decision in order to mitigate the problems of widening. He further stated that the City will pursue a City wide study to address the road improvement to assist in establishing a funding mechanism to assist in this problem. He further stated that it is a combination of policies and standards that give Council the ability to work through road-way problems. Mayor Washburn concurred with Councilman Buck regarding the definition of boundaries with streets. He further questioned job generation area provisions. He further questioned staff on the advisability of addressing the housing element. — Mr. Gunderman stated that this would allow us to get this information to the State. mom MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT IN CONCEPT THE HOUSING ELEMENT AS REQUIRED BY THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (ITEM NO. i 4) . i PAGE NINE - CITY COUNCIL MINUTES - OCTOBER 24, 1990 MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE GENERAL PLAN REVISION TO THE NEXT COUNCIL MEETING. I Mayor Washburn encouraged the public to get their questions and opinions to staff for further clarification and review. i 32 . Tentative Parcel Man 26052 - Withrow Ranch, Inc. The Keith Companies/Butterfield) , A Financing Parcel Map application for approved Tentative Tract 24213 . The proposed parcel map contains three (3) parcels on 56.9 acres located northwesterly of Machado Street, at the terminus of Prince Street. Community Development Director Gunderman detailed this request and stressed that it is strictly for financing purposes. The City Clerk reported no written comments or protests. ! Mayor Washburn opened the public hearing at 8:54 p.m. asking those in favor of this request to speak. No one spoke. Mayor i Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:55 p.m. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-15 AND APPROVED TENTATIVE PARCEL MAP 26052 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. 2 . The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412. 3) . 3. The design of the subdivision provides to the extent feasible, for future passive or natural solar heating or cooling opportunities in the subdivision. (Government Code Section 66473 .1) . 4 . The Planning Commission has determined that the discharge of waste from the proposed subdivision into the existing sewer system would not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. The Planning Commission finds that the proposed waste discharge will not result in or add to a violation of said requirements. (Government Code Section 66474 . 6) 5. The Tentative Parcel Map complies with the Goals, Policies, and Objectives of the General Plan and the R-1 Zoning standards. i 6. The project, as conditioned, complies with the City's subdivision standards and the State Subdivision Map Act. i PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 7. The project, as conditioned, will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. 8. The proposed parcel map is for financing purposes only, as such no construction or grading will be permitted, therefore the proposal is a categorical exemption from the CEQA Guidelines. Conditions 1. The approval of this Tentative Parcel Map 26052 is for financing purposes only. No building permit or grading permits or any other building or construction activity is authorized pursuant to this Tentative Parcel Map 26052. 2. Dedicate underground water rights to the City of Lake Elsinore (Municipal Code 16.52. 030) . 3. All parcels shall have access to public right-of-way or be provided a minimum forty (40) foot ingress/ egress easement for public right-of-way purposes to be recorded with the map or by separate instrument. 4. Execute an agreement to annex to the City's Lighting and Landscaping Assessment District. 33 . Resolution of Necessity to Order Acquisition by Eminent Domain (McTeague) . Resolution No. 90-96. City Attorney Harper explained this action. He advised that attempts have been made to negotiate for the additional utility easements needed with no success. He further explained that this is not in any way negotiation for market value, but merely authorizes the filing of action. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:56 p.m. asking those in favor of this action to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8:57 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-96. RESOLUTION NO. 90-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT ... TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS. BUSINESS/DISCUSSION STEMS PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 i 51. Extension of Time Tentative Parcel Map 23381 = K- art. M Community Development Director Gunderman detailed prior considerations and actions on this matter and the progress being made by K-Mart and Camelot Properties. Councilman Dominguez questioned the removal of dirt and when it would begin. Mr. Gunderman advised that it began on Tuesday, October 23, 1990. Councilman Starkey commented that he hopes the dirt is not being moved and piled somewhere else in the City to cause another eyesore. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO APPROVE EXTENSION OF TIME TO NOVEMBER 27, 1990. Councilman Buck inquired when the ultimate widening of Malaga would occur. Mr. Gunderman advised that that would be part of Phase II. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 52 . Request to the Riverside County Local Agency Formation Commission to Amend the Sphere of Influence of the City M of Lake Elsinore. Resolution No. 90-105. Mr. Fred Christensen, Special Consultant for Annexation addressed the Sphere of Influence of the City of Lake Elsinore. He explained that the Riverside County Local Agency Formation Commission is reviewing the Sphere of Influence and at the same time a number of annexation requests have been received by the City, including several which are currently '— not in our Sphere. Mr. Christensen suggested several amendments which are an extension of the sphere to include six sections of land north of the City and minor adjustments on the east to conform with the sphere of influence of Elsinore Valley Municipal Water District. He further suggested two minor adjustments if Canyon Lake and Murrieta incorporate and a major revision to the south and west to include the territory requested to be part of the sphere in 1985, but was excluded by the Commission at that time. Mr. Christensen recommended adoption of the "Report Accompanying a Request for Amendment of the Sphere of Influence of the City of Lake Elsinore" as part of the documentation required by Section 56425 of the Government Code and further recommends the adoption of Resolution No. 90-96. Mayor Washburn stated that under the social/economic interests of the areas in the sphere it is in everyone's best interests. He further stated that the High School located on Walnut St. is named Lake Elsinore High School. He stated that it is an element of cultural interest that should be brought to L.A.F.C.O. 's attention and Gene Hayman was a school that was placed on site by the cooperation and dollars of the Lake Elsinore Redevelopment Agency and that the school exists because of the financing abilities of the City. r Councilman Winkler stated that he felt the City had no choice in regard to the Sphere of Influence decisions due to the increase of the commercial projects along the freeway and the potential mall. He further stated that by expanding the Sphere we share the wealth with all the residents due to the commercial expansion we are creating a broad economic base in which the residents in the sphere will eventually profit by. Mr. Winkler further stated that even with a group of Wildomar residents opposed to being in the City sphere of influence he PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 24, 1990 still felt that it would be beneficial to the Wildomar area to go ahead. Mr. Winkler further stated that overall planning is necessary to the entire area and is the responsibility of the City to keep our standards consistent within our sphere to continue to maintain the standards for the entire population. He further stated that the City with the support of other agencies in the valley keep the County planning department and Commission informed of the standards of the City. Mr. Winkler encouraged Council to vote yes on the Sphere of Influence in order to avoid the creation of excessive agencies and bureaucracy within the area. ..W Mayor Washburn stated that we have provided the LETS bus service for sometime, but has always stopped in various areas not within City limits and this shows the obligation the City has to the people in its sphere of influence. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AND ADOPT THE "REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE; ADOPT FINDINGS LISTED BELOW AND ADOPT RESOLUTION NO. 90-105: Findings 1. Adopt the "Report Accompanying a Request for Amendment of the Sphere of Influence of the City of Lake Elsinore" as part of the documentation required by Section 56425 of the Government Code. 2 . Adopt the accompanying Resolution formally requesting the Riverside County Local Agency Formation Commission to amend the sphere of influence of the City of Lake Elsinore as recommended in the Report. RESOLUTION NO. 90-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AMEND THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE. 53 . City Allocation of Take of Occupied Stephen's Kangaroo Rat Habitat under the Interim Habitat Conservation Plan. Resolution No. 90-106. City Attorney Harper requested a Closed Session to discuss potential litigation. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:35 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 10:06 P.M. Community Development Director Gunderman advised that through the Agreement with the Federal Fish and Wildlife Service and the State Fish and Game Service the City has been allocated one hundred acres of Kangaroo acreage for the first six months mom of the two year program. He advised that two acres have already been allocated to Railroad Canyon Road with 98 remaining. He explained that while the City will ultimately have 352 acres of take, we cannot allocate any more than that within the first six months of the program. He detailed the means by which this property could be acquired. He also detailed ongoing discussions with the involved developers and PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 the recommendation based on those discussions, as follows: City of Lake Elsinore 20 acres L.D. Johnson (Ramsgate) 17.44 acres Murdock Development Company (Alberhill) 7.33 acres j Brighton Homes (Alberhill) 14.65 acres Long Beach Equities (Alberhill) 11.5 acres Pardee Construction Company 28.47 acres Homestead Land Development Company .53 acres City Attorney Harper advised that the Council had received a letter dated October 23 from Pardee Development suggesting alternatives for the exercise of options on some Kangaroo Rat Habitat. Mayor Washburn also noted a number of supporting letters from Brighton Homes, Homestead, L.D. Johnson, Murdock Company, all Long Beach Equities, and T.M.C. He advised that while this is a business item not necessarily requiring public hearing, he would like to receive input from the various development teams. Hugh Hewitt, law firm of Pettis, Tester, Cruz and Krinski, representing Pardee Construction, commented on the offer mentioned by City Attorney Harper, and advised that in his opinion it was a good faith offer to solve the problem. He commented on the excellent working relationship between Pardee and the City. He commented that the staff report is fundamentally flawed and urged City Council denial of that proposal and instead award of 87 acres to Pardee Construction. He commented on Pardee's need for the allocation "today" versus his perception of the status of other projects. Charles Burke, representing Pardee, commented on correspondence with the City and their need to file litigation if the Council approves staff's recommendation. Chris Taylor, Homestead Land Development, 355 N. Sheridan, Suite 117, Corona, commented on ongoing work for resolution of the Kangaroo Rat situation, and that his company has probably been dealing with is longer than anyone else. He also commented on the counterproductivity of the approach of Pardee and supported the collective efforts of the other developers to work out the fairest alternative. He reminded the Council of the 304 acres piece of property provided by his company to assist in this mitigation problem. John Friedman, Long Beach Equities, further commented on the work with staff and the other developers and their attempts to ' be fair to everyone. He commented on his company's 76 flat acres at Nichols Road on the east side of the freeway and his disbelief that this property has Kangaroo Rats. He further commented on the regional nature of this problem and the funds invested by other developers to date. He advised that while he is not thrilled with the 11 acres he will receive, he feels it will keep everyone working together toward a common goal. Ken Meddock, Brighton Homes, 505 North Tustin Avenue, Suite 250, Santa Ana, commented that while Pardee makes it sound like the rats are the City's problem, it is really a matter that is everyone's problem. He commended the Council and staff for the efforts thus far and the recommendation for this action. He further commented that the language in the development agreements are all substantially the same and Pardee should expect nothing more than the other developers. i PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 Joel Cooperberg, attorney, Rutan & Tucker, commented that he was not present to threaten the Council with lawsuits, and commented that the type of proceedings suggested by Pardee's attorneys is not very likely at all. He supported staff's recommendation because it constitutes a fair share allocation, with an equitable system of sharing burdens and benefits. He also commented that the City's development agreements and specific plans approved thus far demonstrate that the City owes no particular duty or responsibility to Pardee above and beyond the other developers. Susan Horay of Paleon, McCallahan, McComb and Winton, vow representing Murdock Development Company, commented on the equality of the developers in this consideration in that they are all halted in their development processes, and eager to proceed. She commended staff for their efforts in developing an equitable recommendation. She opposed the request of Pardee for allocation of 87 acres at this time. She explained that her client has a total 56 acres of habitat on its property and the City program provides only 7 acres for mitigation, which they are willing to continue to work toward resolution of the situation. Bill Frey, L.D. Johnson Company, Ramsgate Project, 180 North Riverview in Anaheim, concurred with staff's recommendation. He commented on the difficulty of this decision and the equitability of the proposed mechanism and recommended City Council approval. Consultant Hardy Stroizer, commented that the City's allocation will cover small municipal projects occuring in the next 12 to 24 months. Community Development Director Gunderman advised that after extensive research on the status of the projects discussed, and although Pardee has a number of entitlements for their .NO. project, they are not at the point where they could grade immediately as has been indicated. Mayor Washburn advised that he had worked on this committee with Councilman Buck for a number of months. Councilman Buck commented that the solution presented is the most equitable they could reach. He inquired of the City Attorney with regard to violation of Pardee's civil rights. City Attorney Harper advised that while he could not guarantee the City would win, he also could not guarantee Pardee would win, however he speculated that it was more likely than not that the City would be the successful party. Mayor Washburn commented on the need to find a methodology to appropriately handle and satisfy the needs of the community. He also commented that he feels there is still room for more conversation on this matter. MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-106 AND APPROVE STAFF RECOMMENDATIONS AS FOLLOW: RESOLUTION NO. 90-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING A POLICY FOR THE CITY'S ALLOCATION OF STEPHEN'S KANGAROO RAT TAKE UNDER THE INTERIM HABITAT CONSERVATION PLAN. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 Staff Recommendations 1. Pursue the acquisition of the remaining 252 acres of occupied habitat that will be available to the City during the two (2) year Interim Habitat Conservation Plan; 2 . Require that the development community participate in the acquisition of additional habitat within 30 days of the effective date of the accompanying Resolution in exchange for release of occupied habitat for take (in accordance with Exhibit A of Resolution No. 90-106 or using the actual purchase price) ; 3. Reserve 20% of the allocation of take for City or other public projects; and 4. The City Hall allocate the take received during the first six month period (i.e. , 100 acres) and any take received thereafter during the IHCP in accordance with Exhibit B with Resolution No. 90-106. i BUSINESS ITEMS 54 . Second Reading - Ordinance No. 906. Relating to Flood Damage Prevention. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 906. ORDINANCE NO. 906 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 64, TITLE 15 OF THE LAKE ELSINORE MUNICIPAL CODE (ORDINANCE NO. 832) , ADDING A NEW CHAPTER 64 TO TITLE 15 OF SAID CODE WHICH SHALL BE KNOWN AS "FLOOD DAMAGE j PREVENTION" . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN I NOES: COUNCILMEMBERS: NONE i ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the Friedman Homes Assessment f District Public Hearing had been set for Thursday night, October 25th and this potentially conflicted with Council schedules. After Council discussion, it was decided to reschedule this t hearing to Friday, October 26 at 8:30 a.m. CITY COUNCIL COMMENTS Councilman Buck thanked Pardee Construction for their diligence in completing Railroad Canyon Road. Councilman Starkey commented on the League of California Cities Annual Conference and information obtained on functional Day Worker programs. Councilman Winkler recommended a yes vote on Propositions PK and K on November 6 to help develop more parks and recreational facilities Countywide. PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 1990 ADJOURNMENT MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE ADJOURNED REGULAR CITY COUNCIL MEETING AT 10: 50 P.M. i GARY WASHBURN, MAYOR CITX F LAKE ELSINORE A TEST: VICKI K"AD,. CI-.L' CLERK CITY OF LAKE ELSINORE i I I i I i i MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE ! 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA ` THURSDAY, OCTOBER 25, 1990 CALL TO ORDER The Special City Council Meeting was called to order by City Clerk Kasad at 7 : 00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: NONE I ABSENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ADJOURNMENT At 7 : 01 p.m. City Clerk Kasad declared the meeting adjourned, due to lack of a quorum, to October 26, 1990 at 8 : 30 a.m. in the Chamber of Commerce Board Room, 132 W. Graham Street, Lake Elsinore, CA 92330. Vicki Kasad City Clerk i MINUTES ADJOURNED CITY COUNCIL MEETING CITY OF LAKE ELSINORE CHAMBER OF COMMERCE CONFERENCE ROOM 132 WEST GRAHAM LAKE ELSINORE, CALIFORNIA FRIDAY, OCTOBER 26, 1990 1. CALL TO ORDER The Adjourned City Council Meeting was called to order by Mayor Washburn at 8 : 34 a.m. I 2 . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Winkler. f 3 . ROLL CALL I PRESENT: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WINKLER, WASHBURN. ABSENT: COUNCILMEMBERS: BUCK i Also present were: City Manager Molendyk, Assistant City Manager Rogers, Legal Counsel Hessell, Administrative Services Director Wood, Community Development Director Gunderman and Deputy City Clerk Bryning. 4 . PUBLIC HEARING A. Assessment District No. 90-1A - Friedman Homes/ I Summerhill. Administrative Services Director Wood gave a brief overview of the Assessment District and the time lines involved. Mr. Wood recommended the approval and adoptions of Resolutions 90-107 thru 90-109. f Mayor Washburn opened the public hearing at 8:40 and asked for those who wished to speak in favor of the project to speak. The following person spoke: Mr. Troy Shoemake, a representative of Friedman Homes, stated he was in favor of the project. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 8 :41 a.m. MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE AND ADOPT RESOLUTION NOS. 90-107 THRU 90-109. RESOLUTION NO. 90-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND AUTHO- RIZING EXECUTION OF SPECIAL ASSESSMENT DISTRICT ACQUISITION/FINANCING AGREEMENT. RESOLUTION NO. 90-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND APPROVING "AS BUILT" CERTIFICATE. RESOLUTION NO. 90-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTENANCE, AND APPROVING THE ENGINEER'S "REPORT" . PAGE TWO - ADJOURNED CITY COUNCIL MINUTES - OCTOBER 26, 1990 5. ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE ADJOURNED CITY COUNCIL MEETING AT 8: 43 A.M. G n'r ICY WASHBURN, MAYOR CITY F LAKE ELSINORE I ATTEST: i ADRIA L. BR NING DEPUTY CITY CLERK MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 13 , 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS Mr. Elbert L. Smith, 5241 Marview, La Palma, advised that he would prefer to address his concerns during the consideration of Item #31. Mr. Terry Phelps, 240 E. Graham Avenue, #5, invited the Community to meet Benji at the L.E.A.F. fund-raising event on Saturday, November 16 from 1 to 5 p.m. at Great American Bank. PRESENTATIONSLCEREMONIALS Mayor Washburn advised that he attended an Eagle Scout presentation ceremony and commented on the accomplishments of the scouts. A. Proclamation - Thomas D. Zambrana, II, Eagle Scout. Mayor Washburn read the Proclamation and presented it to Thomas Zambrana and congratulated him on his efforts. B. Proclamation - James Edward Veylupek, Eagle Scout. Mayor Washburn read the Proclamation and presented it to James Veylupek and congratulated him on his efforts. C. Proclamation - National Mastic Week. Mayor Washburn read the Proclamation and presented it to Stew McKinley on behalf of the Amateur Magicians organization. Mr. McKinley performed a magic trick for the audience. D. Presentation - Red Ribbon Week Banners. Debbie Lovetere, representing the School District, advised that approximately one month ago the City Council presented them with a proclamation for Red Ribbon Week and detailed the PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 ensuing events. She further advised that they were in return presenting banners from the various schools proclaiming the students efforts to remain drug free. E. Innovative City Award. Mayor Washburn advised that the City had been chosen to receive the Innovative City of the Year Award for Riverside County and Councilmembers Starkey and Winkler showed the trophy and plaque received by the City. Mayor Washburn further advised that this type of program is .... successful because of the dedication of the employees doing the work. He introduced Leland Grund and John Sinclair, the two employees who make this program a success and presented them with City Tile Plaques. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - October 23 , 1990. b. Adjourned City Council Meeting - October 24, 1990. C. Special City Council Meeting - October 25, 1990. d. Adjourned City Council Meeting - October 26, 1990. The following Minutes were received and ordered filed: e. Planning Commission Meeting - October 17, 1990. 2 . Received and ordered filed the Code Enforcement Activity Report for October, 1990. 3 . Received and ordered filed the Structure Abatement Activity Report for October, 1990. 4 . Ratified Warrant List for October 31, 1990. 6. Approved Consultant Services Agreement for Engineering Services with BSI Consultants. 7 . Adopted Resolution No. 90-111 relating to Assessment District 90-1A. RESOLUTION NO. 90-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND PURCHASE AGREEMENT FOR A SPECIAL ASSESSMENT DISTRICT. 8 . Accepted Proposal of BSI for report on infrastructure needs in the proposed Assessment District Area East of Main Street. 9 . Agreed to Assignments in the Estoppel Certificate for Woodcrest-Tuscany. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 10. Approved Funding for the Human Services Center for the remaineder of Fiscal Year 1990-91 in the amount of $14, 000 for the City' s share of the operating expenses with the following conditions: A. The City of Lake Elsinore, in partnership with United Way, will fund the Human Services Center for the balance of Fiscal Year 1990-91. B. The City of Lake Elsinore will be the lead agency in operating the Human Services Center. C. Future funding of the Human Services Center will depend on the Center' s ability to be self supporting and the City will not use General Fund revenues to support the Center. D. The attached Lease Agreement be executed for a one-year term. E. The Memorandum of Understanding between the City of Lake Elsinore and the United Way be executed, to allow the transfer of Seed Grant funds ($16, 000) . F. The attached Operating Budget be adopted, the Policies for Use be approved, and the Sublease Agreement and procedure forms be approved. 11. Adopted Resolution No. 90-112 relating to Maintenance of Air Quality Standards. RESOLUTION NO. 90-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INDICATING THE CITY'S COMMITMENT TO ACHIEVE AND MAINTAIN STATE AND NATIONAL AMBIENT AIR QUALITY STANDARDS AND CONSISTENCY WITH THE 1989 AIR MANAGEMENT PLAN, REGIONAL MOBILITY PLAN AND GROWTH MANAGEMENT PLAN (SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT) . 12 . Authorized City Staff to implement the Business and Tourism Development Program and confirmed the City Council as the governing board of City Bid Districts, effective January 1, 1991. 13 . Adopted Resolution No. 90-113 relating to the Marks-Roos Bond Issue. RESOLUTION NO. 90-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING BENEFIT TO THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE. 14 . Accepted Storm Drain Easement over Portions of Lots 91 through 94 and Lot J - Tract 17413-6. 15. Accepted Quitclaim Deeds for Water Rights as follows: Parcel Map 23400 501 and 503 Adobe 317 Scrivener 320 Lewis 319 Scrivener 217 Townsend 408 Lewis 911 Pottery PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 13, 1990 16. Approved public hearing date of November 27, 1990 for the following: a. Collier Avenue Improvement Project = City of Lake Elsinore. The proposed project involves an amendment to the Circulation Element of the General Plan to re-designate Collier Avenue from a modified collector to a major arterial between Riverside Drive and Nichols Road. In addition, the project includes a request to permit the Now roadway's subsequent realignment and construction. The proposed roadway will consist of a 100-foot right-of-way with four 12 to 13-foot travel lanes, two 6-foot bike lanes, two 12-foot landscaped parkways, and a 14-foot landscaped median. The project will also include the relocation and upgrading of existing water and sewer lines. The proposed project is located adjacent to the existing alignment of Collier Avenue between Riverside Drive and Nichols Road. b. Tentative Parcel Map 25586 - Ayres Properties. A request to create four (4) parcels and one (1) remainder parcel on 1.40 acres in the R-1 zone. The project is located westerly of Casino Drive, at the northerly terminus of 9th and loth Avenues. ITEMS PULLED FROM CONSENT CALENDAR 5. Property Tax Pass Through - Resolution No. 90-110. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR FURTHER FINANCE DEPARTMENT REVIEW. PUBLIC HEARING .w 31. General Plan Revision and Related Environmental Impact Report. Resolution Nos. 90-114 & 90-115. Community Development Director Gunderman detailed the concerns remaining after the last Council meeting and detailed the most recent revisions proposed. The City Clerk reported no additional written comments or protests. Mayor Washburn inquired whether Mr. Smith had seen the latest map for the annexation area he is concerned with. He advised he had not seen it. Mayor Washburn provided him a copy of the latest plan and gave him the opportunity to review it. Councilman Buck expressed concern with the volume of materials presented for review and suggested continuance for two weeks. Councilmembers Dominguez and Starkey concurred. Mayor Washburn requested that the goal expressed at the last meeting g J with regard to jurisdiction over the lake be incorporated in the final document. He further requested verbiage to protect and maintain buildings and facilities of historical and cultural significance to the Community. The Consultant advised that the historical and cultural characteristics have been addressed in several places. Mr. Elbert Smith advised that he had now reviewed the plan and was pleased with the latest proposal. He thanked the City Council for their consideration of his concerns. He further requested clarification of the mixed use designation. Mr. Gunderman explained this designation. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING. 32 . Tentative Tract Map 25242 = Finklestein c/o Manee Consulting. A request for approval of a 39 lot single-family subdivision located on the east side of the "T" intersection of Hoff Avenue and Pierce Street. Community Development Director Gunderman detailed this request. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 28 p.m. asking those in favor of this project to speak. The following person spoke: Alan Manee, Consultant, commented on the Master Plan of Services and the timing due to the extensive pro forma costs. He also advised that this is the only estate size lot project on the books. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 : 30 p.m. Mayor Washburn questioned the design of ingress and egress to the project. Mr Gunderman clarified that while there is only one point of ingress/egress this is planned for larger lots and should not be a problem. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-43 AND APPROVE TENTATIVE TRACT MAP 25242 BASED ON FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS• 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable Specific Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473 . 5) 2 . The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412 . 3) 3 . The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473 . 1) 4 . The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 the tentative map or maps of the subdivision. (Government Code Section 66474 . 6) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 25242 Planning Division: 1. Tentative Tract Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . The City's Noise Ordinance must be met during all site preparation activity. 5. Street names within the subdivision shall be approved by the Planning Division. 6. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 7 . Pay all applicable fees in force at time of issuance of building permits. 8 . Prior to final approval of Tract Map 25242 the improvements specified herein and approved by the Planning Commission and the City Council shall be MEW installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 9 . Prior to final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 10. Final Map shall reflect plotting as approved on plans date stamped August 17 , 1990. 11. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 12 . All of the improvements shall be designed by developer' s Civil Engineer to the specifications of the City of Lake Elsinore. 13 . The developer shall submit plans to Southern California Edison for a layout of the Street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans •..r shall be approved by the City and shall be installed in accordance with the City Standards. 14 . Meet all requirements of Southern California Edison Company. PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 15. Meet all requirements of Southern California Gas Company. 16. Meet all requirements of General Telephone. 17 . Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 18. Annexation to the City' s Landscaping and Lighting District is required prior to approval of a Final Tract Map. 19 . Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when i developed in the future. 20. A six (6) foot decorative masonry wall shall be constructed along the Pierce Street frontage. Precise design, materials, color and location to be determined through the Minor Design Review Process. 21. Any alternations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. the applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 22 . All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance with Section 17 .82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California environmental Quality Act (CEQA) Guidelines. 23 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Director. 24 . Finished slopes shall not exceed 2 : 1. 25. Conceptual and Final Landscape and Irrigation Plans for all project slope areas shall be approved by the Community Development Director and City Landscape Consultant prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 Riverside County Fire Department: 26. Schedule "A" fire protection approved standard fire hydrants, (61IX41IX2 1/211) located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 27. Applicant/developer shall furnish one copy of the water system plans to the fire department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 28. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 29 . All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation (Clarification to be provided based upon new Uniform Fire Code, 1988 Edition) . Elsinore Valley Municipal Water District: 30. Pay water connection fee per Resolution No. 971. 5 prior to Certificate of Occupancy issuance. 31. Pay sewer connection fee per Resolution No. 971. 5 . Now prior to Certificate of Occupancy issuance. 32 . Submit hydraulic analysis for sewer line and facilities sizing. 33 . Submit hydraulic analysis for water line and facilities sizing. 34 . Design and construct water line along entire project frontage to E.V.M.W.D. standards. 35. Design and construct sewer line along entire project frontage to E.V.M.W.D. standards. 36. All facilities must be designed and constructed at owners/developers expense (or other satisfactory financial arrangements made) and to the District's Standards and Specifications. 37 . This project is in the 1601 pressure zone with a maximum serviceable pad elevation of 1481 M.S.L. 38. Presently there is no water or sewer available for this project. 39. Submit a Focused Water and Sewer Master Plan with Regionally sized lines for this project. Engineering Department: 40. All Public Works requirements shall be complied with PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 41. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16. 52 . 030) . 42 . Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 165, Chapter 16. 34 , Resolution 85-26) . 43 . Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 44 . Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16. 34) . 45. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (Municipal Code, Title 12 , chapter 12 . 08 and Resolution 83-78) . 46. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 47 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 48 . Provide fire protection facilities as required in writing by Riverside County Fire. 49 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 50. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 51. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 52 . Contribute $100. 00 towards the City' s Master Entryway Sign Program. 53 . Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. 54 . Developer shall contribute $3 , 000. 00 towards the design and construction of a traffic signal at the intersection of Collier and Nichols. This development will increase traffic at the intersection at least 2% and should contribute 2% towards construction. PAGE TEN - CITY COUNCIL MINUTES - NOVIEMBER 13 , 1990 55. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 56. Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 57 . All tracts and engineering shall be digitized by developer per City standard, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000. 00 per sheet for future digitizing. 58 . No residential lot shall front or have access to Pierce Street. 59. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. 60. Developer shall provide a traffic study prepared by a Traffic Engineer to determine the traffic volume and the necessary roadway width of Pierce Street. 61. Developer to provide sufficient right-of-way along tract boundary for Pierce Street and acquire necessary right-of-way along southeast side of Pierce Street from tract boundary to Collier Avenue. 62 . Developer shall design Pierce Street from Gray Avenue to Collier Avenue. Developer shall improve Pierce Street along tract boundary to 1/2 street width to provide for parking and two (2) travel lanes (30 OEM feet) minimum. Applicant to coordinate with Riverside County for improvements north of Pierce Street center line. Developer shall also improve Pierce Street for two (2) paved travel lanes (25 feet) from northeast tract boundary to Collier Avenue. City will assist developer in establishing a benefit reimbursement district for off-site improvements. 63 . Applicant to work with Alberhill Ranch Development in designing Pierce Street with the connection to Nichols Road. 64 . Developer shall revise drainage plan to meet the following criteria. Applicant shall cooperate with Alberhill Ranch Development and design a storm drain system to connect to their storm drain. Developer shall connect on-site storm drain system to the Alberhill Ranch storm drain or other approved public storm drain system. City will assist developer in establishing a benefit-reimbursement district for off-site improvements. .r 65. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 66. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990 for installation by the City. BUSINESS ITEMS 51. Community Facilities District 88-3 West Lake Elsinore) . Administrative Services Director Wood detailed the background of this assessment district and advised that the election is currently scheduled for November 14 , 1990. He also suggested denial of the conditions as stipulated by the developers which relate primarily to financing of the District, because there are a number of factors which would impact the final funding. John Mandrell, Keith Companies, advised that the developers now prefer to proceed with the election, but still have reservations due to the current economic factors. City Attorney clarified for the developers that the election does not mandate issuance of the bonds or incurrence of debt. Mayor Washburn inquired whether the approval would require finalizing the financing. City Attorney Harper advised that timing is up to the district following formation. Mayor Washburn requested clarification of the concerns the developers are facing. George Dale, La Laguna Estates, advised that there are concerns with the entire economic situation, particularly with regard to the off-site improvements. He further advised that with the unstable market, they would like to maintain an opportunity to give input on the issuance of bonds. Administrative Services Director Wood assured developers that the City will not proceed without consideration and will r` continue to work hard to develop appropriate financing. Councilman Dominguez questioned the ability to impose a time limit on bonding. City Attorney Harper advised that a time limit would not be appropriate. Councilman Winkler questioned the hearing process. City Attorney Harper confirmed that a hearing process will ensue and detailed the process. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO REJECT THE REQUEST FOR COMMITMENT WITH THE ASSURANCE TO THE DEVELOPERS, THAT IF THE PROCEEDINGS GO FORWARD, THAT STAFF WILL MAKE EVERY POSSIBLE EFFORT TO WORK WITH DEVELOPERS TO ASSURE THAT THE FINAL RESULTS ARE IN BOTH THEIR AND THE CITY'S BEST INTEREST, AS IS THE CASE WITH ALL DEVELOPERS WITHIN THE CITY. CITY MANAGER COMMENTS City Manager Molendyk requested a joint executive session to discuss potential litigation and property acquisition. CITY COUNCIL COMMENTS Councilman Buck thanked staff for the assistance provided for the r— Miss Lake Elsinore Pageant. He congratulated Miss Lake Elsinore Christie Grasso and her princesses. Councilman Starkey commented that he felt the Miss Lake Elsinore Pageant was an elegant event. Mayor Washburn also commended the Pageant Committee for their efforts and commented that the Community Center is looking very nice. PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 13, 1990 THE CITY COUNCIL MEETING RECESSED AT 7 : 54 P.M. THE CITY COUNCIL RECONVENED AT 7 : 56 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY TO DISCUSS POTENTIAL LITIGATION AND PROPERTY ACQUISITION AT 7 : 57 P.M. THE CITY COUNCIL RECONVENED AT 9: 16 P.M. NO ACTION TAKEN. s� ADJOURNMENT MOVED BY BUCK, SECONDED BY WASHBU AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR COUNCIL ME TING AT 9: 17 P.M. r GAR WASHBURN, MAYOR CI F LAKE ELSINORE A TEST: ICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE ...r MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 27, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7 : 00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: STARKEY Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Soccer Month. Mayor Washburn read the proclamation for Soccer Month, December, 1990 and Freeway Cup Day on December 11, 1990, and presented it to Nancy Freeman, Vice-President of the Soccer Club. PUBLIC COMMENTS Mayor Washburn commented on the City's working relationship with the City of Temecula and the future potential for working with Murrieta and Canyon Lake. He introduced Jerry Allen, Mayor; Dave Haas and Gary Smith from the new City of Murrieta. Mayor Jerry Allen presented the City Council with cookies and telephone books. Mayor Washburn also commented that work is continuing with GTE for a compromise cover for the phone books in this area. He detailed the proposed cover and the inclusion of all local cities in one type size. CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - November 13 , 1990. 2 . Received and ordered filed the Building Activity Report for October, 1990 3 . Received and ordered filed the Investment Report for October, 1990. 4 . Ratified Warrant List for November 15, 1990. PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 5. Rejected and referred to Claims Administrator the Claim submitted by Main Street Video. 6. Rejected and referred to Claims Administrator the Claim submitted by Elsinore Cycle Gear. 7 . Rejected and referred to Claims Administrator the Claim submitted by Auto Parts Depot, Inc. 8 . Rejected and referred to Claims Administrator the Claim submitted by Southern California Edison Company. 9 . Adopted Resolution No. 90-116 relating to Marks-Roos Bonds, moo Series B. RESOLUTION NO. 90-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING BENEFIT TO THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE. 10. Adopted Resolution of Intention No. 90-117 to Vacate a Portion of Silver Street adjacent to Southerly Right-of-Way of Pottery Street. Abandonment 90-3 . RESOLUTION NO. 90-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON. 11. Approved Change Order No. 2 for the Northwest Sewer Project Assessment District 86-1. 12 . Approved public hearing date of December 11, 1990 for the following: VMW a. Tentative Parcel Map 25106 (Revised) = Tomislav Gabric and Associates. A request to divide a 7.7 acre site into two parcels. Parcel 1 of 2 .71 acres and Parcel 2 of 3 . 37 acres to accommodate a retail/commercial development consisting of five (5) buildings and associated parking. The revision of this proposed development increases the gross acreage of the site from 6. 6 acres to 7 . 7 acres. The increase of one (1) acre would incorporate additional area for an increase in the number of parking spaces available for the proposed development. b. Zone Change 90-8 Revised - Thomas Brothers Development. A request to re-zone a 0. 69 acre parcel from R-1 (Single Family Residential) to C-2 (General Commercial) . The project is located approximately 250 feet southeast of the intersection of Summerhill and Railroad Canyon Roads. C. Tentative Tract Mafia 25830 - Homestead Land Development. A request to subdivide 36.79 acres of land. The project lays south of Scenic Crest Drive, west of Greenwald Avenue, for the construction of 140 single-family lots ..0 with one (1) lot as a sewer lift station. PUBLIC HEARINGS 31. General Plan Revision and Related Environmental Impact Report. PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 Resolution Nos. 90-114 & 90-115. Community Development Director Gunderman stated that at the last meeting there were a number of requested items to be added to the General Plan Text which included acquisition of the Lake, preservation of historical buildings within the City, industrial areas and inclusion of the Geothermal capabilities of the Community. Mr. Gunderman further explained that he had received a request from a property owner from the proposed annexation area to re-examine the property and it is recommended that it be designated medium/high density. Mr. Gunderman recommended approval of the General Plan and the supporting environmental documentation. Mayor Washburn thanked Mr. Gunderman and reminded Council that this is a continuation of the Public Hearing. He then asked if Council had any questions. Councilman Buck commented that he felt all of his concerns were addressed and that the General Plan was now complete. Councilman Winkler stated that he felt that the School issues were answered and invited Superintendent of Schools, Dr. Maw to speak. Dr. Maw stated that the School District wished to express their appreciation regarding the cooperation that they have received from the City regarding the future development of new school facilities. Councilman Dominguez stated that the Geothermal sources were addressed and he is satisfied with the General Plan. ^- Mayor Washburn questioned page 25, policy 3 . 2 . 1 and stated that he would like to see it changed to clarify the language for future staff members. Mayor Washburn asked that this policy read that the City shall acquire heritage buildings and preserve such historic sites for public facility uses. Councilman Buck questioned the intent of the City in regard to this policy. City Attorney Harper stated that ' shall consider' instead of ' shall acquire' should be used in the General Plan. He further stated that it would ultimately be up to the City Council whether to purchase a building or not. Mayor Washburn questioned that in the future at some point it would be wise to develop a master plan of heritage buildings the City should eventually acquire. Mayor Washburn discussed Objective 1. 1 regarding the housing goal . He then questioned the plans for the Skylark Airport. Mr. Gunderman stated that the Federal Aviation Administration as well as the Airport Land Use Commission has the responsibility of preparing standards for land uses around airports. He further stated that they set the parameter in which the area around an airport can be developed. The City is not bound by the Master Plan but we are a part of the process. Mayor Washburn discussed Floodway and Floodplain and questioned the uses that are called out in the General Plan. He further questioned the Zoning being in conformance with the General Plan. PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 City Attorney Harper advised that the City has a statutory obligation to bring the zoning in conformance with the General Plan. He further stated that there is no case law that sets a time that this must be done, but the burden is on the City and not on the developer. Mr. Gunderman further advised that staff will be working with Planning Commission to bring the zoning map in compliance with the new General Plan. There was considerable discussion regarding fees for future zone changes to comply with the General Plan. City Attorney Harper clarified the procedure for zoning fees. Mayor Washburn commended the efforts of the General Plan Committee, B.S. I. and staff for their work on the General Plan. He asked if anyone from the audience wished to speak. The following persons spoke: Mr. Gary Pebley, 30905 Corte De Los Santos, Temecula, stated that he has appeared before in regard to the property on Machado and Lakeshore and questioned the designation for this area. Mr. Gunderman stated that for that entire area the City will follow the County designation for the most part. He further stated that the change is in the entitlement but not in the use. Mr. Fred Crowe, 18740 Collier Avenue, Lake Elsinore, addressed the General Plan relative to schools and stated that he felt it should not be included in the General Plan document. He further stated that he objects to the School District having control over the Council 's decisions or future Council 's decisions. He further stated that the policies proposed can lead to a bureaucratic mix that will lead the new home buyers paying at least four times their fair share for schools. He further objected to the word shall and requested that it be replaced with the word may to give control back to City Council. Councilman Winkler addressed the problems that the School Board faces in development of schools. He stated that the General Plan gives the City the ability to assist in addressing the problems of school development. The City Attorney stated that the "shall" is "shall consider" and not "shall do" in the context of the General Plan. Mr. Kevin Jefferies, 17682 Grand Avenue, Lake Elsinore, questioned the designation for the Maxon Tract. Mr. Gunderman stated that the work is underway to define the use of the Specific Plan for that area. He further stated that when a Specific Plan is approved, it becomes a zoning ordinance. Mr. Steve Craven, Lake Elsinore, questioned the floodway area and its size. Ms. Karen Gully, P.B.R. , stated that the Floodway is based on the current information available from the Riverside County Flood Control District. She further stated that the Flood Control District and FEMA are in process of a study to redefine the floodway for the Temescal Valley. The precise boundaries are unknown and what is shown is from the most current information. PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 Mayor Washburn asked if the verbiage of how this area is designated should be different. City Attorney Harper stated that the City does not have the legal ability to inform someone they can build when FEMA says that they cannot. This issue should be considered when addressing the General Plan Map. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE TEXT OF THE GENERAL PLAN AND THE GENERAL PLAN MAP TO BE REVIEWED, REVISED AND CONTINUED TO THE DECEMBER 11, 1990, CITY COUNCIL MEETING. RESOLUTION NO. 90-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE REVISED GENERAL PLAN FOR THE CITY OF LAKE ELSINORE. RESOLUTION NO. 90-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH 88-2-114) FOR THE GENERAL PLAN, INCLUDING FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATING TO THE LAKE ELSINORE GENERAL PLAN. 32 . Collier Avenue Improvement Project Environmental Impact Report. Resolution No. 90-118. Community Development Director Gunderman detailed the pending work on Collier Avenue. -- The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7 : 49 p.m. asking those in favor of this action to speak. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 :50 p.m. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CERTIFY THE COLLIER AVENUE IMPROVEMENT PROJECT ENVIRONMENTAL IMPACT REPORT (EIR NO. 90-3) AND ADOPT RESOLUTION NO. 90-118 . IT FURTHER CARRIED TO ALLOW THE SUBSEQUENT ROADWAY CONSTRUCTION NO LATER THAN 30 DAYS AFTER THE ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE NEW GENERAL PLAN. RESOLUTION NO. 90-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS OF FACT AS TO THE ENVIRONMENTAL IMPACTS AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE COLLIER AVENUE IMPROVEMENT PROJECT. 33 . Tentative Parcel Map 25586 - Ayres Properties The Keith Companies/Butterfield) . A request to subdivide 1. 25 acres into four (4) residential lots. The project is located at the northern termini of Avenue 9 and 10. Community Development Director Gunderman detailed the proposed project. The City Clerk reported no written comments or protests. PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 Mayor Washburn opened the public hearing at 7 : 55 p.m. asking those in favor of this project to speak. The following person spoke: Larry Truman, Butterfield Engineering, concurred with staff report and offered to answer any questions. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7 :56 p.m. Mayor Washburn questioned the deletion of Condition #10 relating to bicycle lanes. Community Development Director Gunderman explained that this property does not have any frontage on Casino where bicycle lanes would apply. ... MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RE-AFFIRM NEGATIVE DECLARATION 89-19 AND APPROVE TENTATIVE PARCEL MAP 25586 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL. Findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable Specific Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473 . 5) 2 . The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412 . 3) rr 3 . The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473 . 1) 4 . The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision. (Government Code Section 66474 . 6) 5. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City of Lake Elsinore Subdivision Ordinance. Planning Division Conditions: 1. Tentative Parcel Map will expire two (2) years from WAMP date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 2 . The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4 . Signage for this subdivision shall require City Permits. 5. The City' s Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7 . All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 9 . Pay all applicable fees in force at time of issuance of building permits. 10. Delete. 11. Prior to final approval of Parcel Map 25586 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12 . Prior to final approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 13 . Final Map shall reflect plotting as approved on plans date stamped October 24, 1990 14 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 15. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 16. Comply with all conditions of the Riverside County Fire Department. 17 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 18 . The applicant shall provide connection to public sewer for each lot within the subdivision. No PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 27 , 1990 service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 19 . The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 20. Meet all requirements of Southern California Edison %• W Company. 21. Meet all requirements of Southern California Gas Company. 22 . Meet all requirements of General Telephone Company. 23 . All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 24 . Trailers or mobile homes utilized during the construction phase of this project shall be subject to approval of the Community Development Director. 25. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Parcel Map. 26. Delete. 27 . Any alternations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading ordinance, subject to the approval of the Chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 28 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 29 . All residences shall be served by a sidewalk along lot frontage. 30. All sidewalks shall be separated from curb with parkway which shall be subject to the approval of Community Development Director. 31. Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 32 . All conditions of approval for Residential Project 89-8 shall be incorporated by reference herein, and are included as attachments to this report. 33 . All applicable conditions of Residential Project 89-9 shall apply to Tentative Parcel Map 25586. Conditions pertaining to plan approval, easements, off-site right-of-way and clearance letters from other affected agencies shall be completed and '-' approved prior to final map approval. 34 . A Lot Merger for Lots 122 and 123 shall be completed. BUSINESS ITEMS 51. Community Facilities District 88-3 West Lake Elsinore) . Resolution Nos. 90-119 and 90-120 and Ordinance No. 907 . City Attorney Harper detailed the proposed action and the vote in support of formation of this District. Councilman Buck questioned the timing to proceed with the work and who the lead agency is to facilitate it. Administrative Services Director Wood advised that he met with the representatives and the construction manager today and they have provided a time frame for the first two years of the project. He further advised that the first funding will occur in February of 1991 and the infrastructure bid will be due in March, 1991. Councilman Buck questioned the timing for the extension of Grand Grand Avenue and commented on the excessive traffic on Machado Street at this time. Administrative Services Director Wood was not sure of this timing for this portion, but approximately $10 million worth of work is anticipated for the first phase. City Manager Molendyk clarified that this is a City District and there will be certain level of input on the timing and funding. Administrative Services Director Wood further clarified City Council ' s responsibility and duties under this District. City Attorney Harper suggested that staff provide copies of the timing schedule to Council for review. Mr. Wood will be providing copies. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NOS. 90-119 AND 90-120 AND ADOPT ORDINANCE NO. 907 . RESOLUTION NO. 90-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE FILING OF A VALIDATION ACTION WITH RESPECT TO THE VALIDITY OF THE ORDINANCE AUTHORIZING THE LEVY OF THE SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) , AND ALL PROCEEDINGS LEADING UP TO THE ADOPTION OF SUCH ORDINANCE. RESOLUTION NO. 90-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE RESULT OF THE SPECIAL ELECTION HELD IN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) ON NOVEMBER 14 , 1990. PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 ORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 . UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STARKEY "" ABSTAIN: COUNCILMEMBERS: NONE 52 . Extension of Time _ Tentative Parcel Map 23381 - K-Mart. Community Development Director Gunderman detailed the pending concerns of this site and also the concerns which have already been addressed. He advised that grading began on the 26th, but staff is not sure of the anticipated completion date. He further advised that while staff is not recommending the extension of time, they cannot recommend the work underway be terminated. City Manager Molendyk advised that the approximate cost to finish the work would be $16, 000 and about 30 to 45 days for completion. Mayor Washburn confirmed that work was being done on the site. Councilman Buck advised that he had seen five or ten trucks on the site this date and work had begun. He commented on the cost of the equipment and his belief that the work would be completed. Mayor Washburn asked Fred Crowe from Butterfield Engineering for an update. Mr. Crowe advised that he spoke with Mr. O 'Byrne and the dirt has been sold twice already before projects were terminated. Mayor Washburn questioned the time frame for completion. Mr. Crowe believed work would probably be completed in two weeks. City Manager Molendyk suggested that Staff be authorized to proceed if work has not been completed in 10 days. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEM FOR TWO WEEKS AND IF WORK HAS NOT BEEN COMPLETED STAFF IS TO PROCEED ADMINISTRATIVELY. 53 . Alberhill Pump Station Modification. Public Services Director Kirchner detailed the modifications and the purpose. He further detailed the bid results and recommended award of contract to Vista Murrieta Corp. in the amount of $25, 600. 00. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE CONTRACT WITH VISTA MURRIETA CORP. AS STATED. CITY MANAGER COMMENTS ..r City Manager Molendyk requested a joint executive session with the Redevelopment Agency to discuss potential litigation. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 27, 1990 City Manager Molendyk commented on recent work with the School District and an agreement to assist them with school bus storage at the City Yard. He further commented that the additional allocated police officers will be scheduled on the next Board of Supervisors agenda for approval; and the additional fire fighters for the third man on each truck are now on board. CITY COUNCIL COMMENTS .-- Councilman Dominguez requested an update on the freeway off-ramp traffic signal for Railroad Canyon Road. Public Services Director Kirchner advised that the plan is currently being reviewed, however, Caltrans funding is not currently available. He further advised that staff will pursue other funding options available. Mayor Washburn further commented on the recent discussions with GTE regarding the phone book covers. MAYOR WASHBURN ANNOUNCED AT 8: 19 P.M. THAT THE CITY COUNCIL WOULD BE RECESSING IN MEMORY OF DAVID VIK, "MR. RODEO" AND LONG TIME RESIDENT AND RODEO SUPPORTER. THE CITY COUNCIL MEETING RECONVENED AT 8: 32 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8 : 32 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL RECONVENED AT 9 : 31 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9 : 32 P.M. s i� 1 1 -- GARY WASHBURN, MAYOR r CIT F LAKE ELSINORE TTEST: 4K, 'riY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MINUTES CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 11, 1990 ****************************************************************** ^ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Community Development Director Gunderman. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Basham and City Clerk Kasad. PUBLIC COMMENTS Elbert Smith, 5241 Marview, La Palma, requested clarification of the general plan designation of property located at the corner of Lakeshore/Machado and along Lakeshore. Community Development Director Gunderman advised that the area in question is designated Mixed Use, although the map is too small to indicate this clearly. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 13 and 15. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - November 27, 1990. The following Minutes were received and ordered filed: b. Planning Commission Meeting - November 7, 1990. C. Planning Commission Meeting - November 21, 1990. 2 . Received and ordered filed the Code Enforcement Activity Report for November, 1990. 3 . Received and ordered filed the Structure Abatement Activity Report for November, 1990. PAGE TWO - CITY COUNCIL MINUTES - DECEMBER 11, 1990 4. Ratified Warrant List for November 30, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Mary Anne Glover (CL #90-26) . 6. Rejected and referred to Claims Administrator the Claim submitted by Muriel Dailey (CL #90-27) . 7. Adopted Resolution No. 90-121 relating to the Revised Conflict of Interest Code for designated employees. RESOLUTION NO. 90-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE STANDARD CONFLICT OF INTEREST CODE FOR THE STATE OF CALIFORNIA. 8 . Adopted Resolution No. 90-122 relating to Approval of Annexation No. 47 to the City of Lake Elsinore. RESOLUTION NO. 90-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING ANNEXATION NO. (LAFCO 90-78-3) WITHOUT NOTICE OF HEARING. 9 . Approved Agreement regarding Study Area Boundaries and Payment of Impact Fees - L.D. Johnson (Ramsgate) , with the provision that the agreement not be signed by the City until L.D. Johnson pays the City $773,000. 10. Approved Parking Lot Lease Agreement for property located adjacent to 114 W. Peck. 11. Approved Agreement for Acquisition of Property for off-site improvements in Tract 19358 for MacLeod Development; and '"" authorized the City Attorney to begin proceedings for immediate possession of the property. 12 . Approved Golden Spectrum Requests as follow: 1) Reappointed Councilman Buck as the City's representative to serve as a member of the Golden Spectrum Board of Directors. 2) Directed staff to research and evaluate the costs and method of services necessary to assume the operations responsibility for the Golden Spectrum Senior Citizen Center. 14 . Accepted Street Dedication for Lakeshore Drive/Commercial Project 85-11 for Sergiu Cernasov. 16. Granted Easement to Southern California Edison Company. 17 . Approved public hearing date of January 8, 1991. for the following: a. Business License/Transient Occupancy Tax. ITEMS PULLED FROM CONSENT CALENDAR `ow 13 . Notice of Completion for Lake Community Center Project No. 100-4802 . Mayor Washburn questioned whether awnings would be added to the building at a later date. Staff confirmed that this would be completed under separate contract. PAGE THREE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 Councilman Starkey inquired what finish work would be done on the "LAKE" sign. Community Services Director Watenpaugh advised that highlight paint and lighting will be added to the sign. He further advised that there will be a sports theme graphic on the side of the building at completion. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION FOR THE LAKE COMMUNITY CENTER PROJECT NO. 100-4802. 15. Resolution of Intention to Vacate Existing Alley South of Interstate 15, 150 Feet West of Westerly Right-of-Way, Adobe Street - Abandonment 90-4. Councilman buck questioned the exact location of this alley and requested that all future agenda items of this type include a map for clarification. He further questioned the reasoning behind this vacation. Engineering Manager Ray O'Donnell explained that this vacation is located between Flint and the Freeway and is an inaccessible slope. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-123 STATING INTENTION TO VACATE AND SETTING PUBLIC HEARING FOR JANUARY 22, 1991. RESOLUTION NO. 90-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON. PUBLIC HEARING 31. Tentative Tract Mag 25830 - Homestead Land Development Company. A request to subdivide 36+ acres into 139 single-family lots located northeast of Lake Elsinore and West of Canyon Lake. Community Development Director Gunderman detailed the project and concerns the Planning Commission had regarding grading of the site. He explained that this was to be a balanced cut and fill operation. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 10 p.m. asking those in favor of Tentative Tract Map 25830 to speak. The following person spoke: Steve Heinsohn, Homestead Land Development Company, advised that they are in agreement with all conditions and offered to answer any questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7: 12 p.m. Councilman Buck recommended deletion of Condition #61 instead of Condition #11. He also stated publicly that two letters had been received stating concerns and inquired whether they had been resolved. Community Development Director Gunderman advised they had been abated. Councilman Dominguez questioned deletion of Condition #25 and whether another condition addresses this matter. Staff advised that Condition #24 was comparable. PAGE FOUR - CITY COUNCIL MINUTES - DECEMBER 11, 1990 MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-14 AND APPROVE TENTATIVE TRACT MAP 25830 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH ITEM #61 DELETED AND ITEM #11 REMAINING AND CONDITION #76 AMENDED AS RECOMMENDED BY STAFF. Findings 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable NEW Specific Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. (Government Code Section 66473 .5) 2. The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 66412 . 3) 3 . the design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473 . 1) 4. The discharge of waste from the proposed subdivision into the existing sewer system would not result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code (Government Code Section 66474. 6) . Planning Division Conditions 1. Tentative Tract Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2 . The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. All grading shall conform to the requirements of ,NOW Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and chief Building Official. PAGE FIVE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 a) Bonding shall be done by phases and not by final map(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 9. Pay all applicable fees in force at time of issuance of building permits. 10. Class II bicycle lane to be provided along Greenwald Avenue. 11. Prior to final map approval of Tract 25830 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12 . Prior to final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 13 . Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and record. 14. Prior to Final Map approval, applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 15. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 16. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 17 . Comply with all conditions of the Riverside County Fire Department. 18 . Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 21. Meet all requirements of Southern California Edison Company. 22 . Meet all requirements of Southern California Gas Company. PAGE SIX - CITY COUNCIL MINUTES - DECEMBER 11, 1990 23 . Meet all requirements of General Telephone. 24. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 25. Delete. 26. Bond for drip or sprinkler irrigation system for common areas, as required by the Director of Community Development. ... 27. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 28. Landscaping and lighting shall be maintained by a Landscaping and Lighting Maintenance Assessment District or Homeowners Association(s) . 29 . If a homeowners association is to be established it shall, manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the homeowners association. 30. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired) , back-up wall areas, street trees and slope planting in accordance with the City Landscape Guidelines, prior to issuance of building permits. 31. Subdivider shall record CC & R's for the project prohibiting on-street storage of boats, motorhomes, trailers and trucks over one (1) ton capacity. CC & R's shall also include screening any ground base disk and no roof-mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 32 . House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 33 . A decorative block or masonry wall shall be constructed around the perimeter of the subdivision. Precise design, materials and location to be determined through Minor Design Review process. 34. Any alterations to the topography, ground surface, or PAGE SEVEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Chief Building Official and Planning Division. Analysis of impacts of fills and cuts greater than .-- sixty-feet (601 ) shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 35. All development associated with this map requires separate Design Review approval, the Master Sign Program to be submitted at the development of the first parcel, in accordance the Section 17.82 of the Municipal Code prior to building permit approval and shall be subject to further environmental review and project conditions in accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 36. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Director. 37. Delete. 38. All residences shall be serviced by a sidewalk along lot frontage. 39 . Delete. 40. Prior to commencement of any grading or construction on-site permits shall be obtained from State Fish and Game, if required. 41. Prior to commencement of any grading on construction on-site, permits shall be obtained from the Army Corps of Engineers, if required. 42 . All project mitigation measures, listed within the Mitigated Negative Declaration 90-14, shall be incorporated into project design and development. 43 . Conceptual and Final Landscape and Irrigation Plans for all project slope areas and fire breaks shall be approved by the Community Development Director prior to issuance of building permits for any phase of development. Improvements shall be installed prior to Certificate of Occupancy. 44 . Delete. 45. The applicant shall apply for and be granted an amendment to the Habitat Conservation Plan (HCP) boundaries. A 10 (a) Permit, which allows for an incidental taking of the Stephens' Kangaroo Rat, shall be issued to the applicant prior to the submittal of a Final Tract Map for this development. Engineering Department 46. All Public Works requirements shall be complied with PAGE EIGHT - CITY COUNCIL MINUTES - DECEMBER 11, 1990 as a condition of development as specified in the Lake Elsinore Municipal Code prior to Final Map approval. 47. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained for the Engineering Department. 48. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution +� 85-26) . 49 . Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 50. Construct all public works improvements per approved plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16. 34) . 51. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12. 08 and Resolution 83-78) . 52 . Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designated and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 53 . Desirable grade for local streets is nine percent (9%) . The maximum grade of fifteen percent (15%) should only be used because of design constraints. 54. Delete. 55. Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 56. Delete. 57. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 58. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of Final Map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 59. All drainage facilities in this tract shall be constructed to Riverside County Flood control District Standards. 60. Contribute $345. 00 towards the City's Master Entryway Sign Program. 61. Deleted. PAGE NINE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 62 . Provide Soils, Geology and Seismic Reports including street design recommendations. Provide final soils Report showing compliance with preliminary and finish grade certification. 63 . Lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 64. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. If at the time of Certificate of Occupancy no system has been established by the City, this condition shall be waived, and the Developer will pay a fee of $1, 000 per sheet for future digitizing, excluding the title sheet. 65. No residential lot shall front or have access to Greenwald Avenue. 66. All utilities except electrical over 12 kv shall be placed underground, as approved by serving utility. 67. All local streets shall have sixty (60) feet right-of-way and forty (40) feet curb-to-curb. Restricted local double loaded streets (cul-de-sacs and looped streets 1, 000 feet or less) shall have fifty (50) feet of right-of-way and thirty-six (36) feet curb-to-curb with a three (3) foot utility easement on each side of the street. .-1 68. With the development of this site, all storm facilities shall provide tract and downstream property owners with 100 year storm flood protection. 69. Developer shall provide No Parking and Street Sweeping Signs for streets within tract or pay a fee for installation by the City. 70. Applicant shall contribute $27, 000 for nine (9) future traffic signals on Highway 74 and $15, 000 for five (5) traffic signals on Summerhill Drive, on and off ramps at Interstate 15 and Railroad Canyon Road. This development will increase traffic at these intersection at least two percent (2%) and should contribute two percent (2%) towards construction. 71. Applicant shall coordinate drainage facilities with Tuscany Hills project in particular Tract 25074. Tract 25830 lies within hydrology study area of the Tuscany Hills project. 72 . Delete. 73 . If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 74 . The sidewalk and parkway portion of the public right-of-way along Greenwald shall incorporate meandering sidewalks and enhanced treatments. The landscape plan shall be approved by the Director of Community Development. PAGE TEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 75. The entry points at "A" Street and "D" Street shall incorporate landscape entry treatments utilizing enhanced landscaping materials. The landscape plan shall be approved by the Director of Community Development. 76. The final landscape plan shall reflect slopes not to exceed 30' in height nor shall any slope exceed 400' in length pursuant to Section 15.72 . 040 General Criteria. 32 . Tentative Parcel Map 25106 Revised and Commercial Pro;iect Project 89-6 Revised - Tomislav Gabric & Associates. A request to amend the Parcel Map and Commercial Project located at Lakeshore Drive south of 6th Street. Community Development Director Gunderman detailed the project and explained that a remnant parcel had been added to the plan which will increase floor area and parking area. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7: 16 p.m. asking those in favor of this item to speak. The following person spoke: Mark Telford, representing the applicant, advised that they had begun the process of applying for Redevelopment assistance to help abate the traffic problem in the area. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7: 17 p.m. Councilman Buck questioned the parking spaces and their distance from the building area and whether this was regulated by the Code as with housing projects. Staff advised that the regulation did not apply for commercial development. Councilman Dominguez questioned Finding #4 and the City's ability to regulate water and sewer. Staff advised that the finding was at the direction of EVMWD. Mayor Washburn advised the Community that this project is being conditioned to provide a bicycle lane as all future projects. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO REAFFIRM NEGATIVE DECLARATION 89-17 AND APPROVE TENTATIVE PARCEL MAP 25106 REVISED AND COMMERCIAL PROJECT 89-6 REVISION #2 BASED ON THE FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings - Tentative Parcel Map 25106 Revised: 1. The proposed subdivision together with the provisions for its design and improvements, it consistent with the General Plan and any applicable Specific Plan. The proposed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. 2 . The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. PAGE ELEVEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 3 . The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 4. The discharge of waste from the proposed subdivision into the existing sewer system would not result in a violation of the requirements as set out in Section ^ 13000 et. seq. of the California Water Code. Findings _ Commercial Project 89-6 Revision #2 : 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . the project, as approved, complies with the Goals and Objectives of the General Plan and the Commercial Office Zoning District. 3 . This project complies with the design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4 . Conditions and safeguards pursuant to Chapter 17.82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of chapter 17.82 . 060 and the Planning District in which it is located. Planning Division Conditions 1. Tentative Parcel Map will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the subdivision Map Act. 2 . The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by the Conditions of Approval. 3 . A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. Signage for this subdivision shall require City Permits. 5. The City' s Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Planning Division. 7. All grading shall conform to the requirements of Section 6. 11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer and Chief Building Official. a) Bonding shall be done by phases and not by final map(s) on grading. PAGE TWELVE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 9. Pay all applicable fees in force at time of issuance of building permits. 10. Class II bicycle lane to be provided along Lakeshore Drive. 11. Prior to final approval of Parcel Map 25106 Revised the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 12 . Final Map shall reflect plotting as approved on plans date stamped February 21, 1990. 13 . Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Division. 14 . All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15. Comply with all conditions of the Riverside County Fire Department. 16. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD) . 17 . The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 18. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 19. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 20. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Parcel Map. 21. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the chief Building Official and Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material 'r and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 22 . Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development PAGE THIRTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 Department. 23. The applicant shall submit a landscape plan which reflects the enhanced landscaping required both within the setbacks and the interior of both parcels. Said enhancements are necessary to compensate for the reduction in the required yard setbacks. ^ 24. The parking area on Lot 1 which is parallel to Lakeshore and Dawes shall be sixty degrees (60) parking in a one-way configuration. The driveway on Dawes Avenue shall be so identified as to indicate "No entry, exit only" . a) Design of driveway, next to Building F, shall be designed to indicate right turn only. Engineering Department Conditions: 25. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 26. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering Department. 27. Dedicate sufficient land along the southerly boundary to provide for 100 foot right-of-way for Lakeshore Drive (fifty (50) foot half-street) . 28 . Dedicate sufficient land along westerly boundary to provide for sixty (60) foot right-of-way for Avenue 6 (thirty (30) foot half-street) . Improve Avenue 6 to include one (1) parking lane and two (2) travel lanes (thirty (30) foot) . 29. Parkway shall be improved to include one (1) parking lane and two (2) travel lanes (thirty (30) foot) . 30. Dedicate sufficient right-of-way for corner cutbacks at lot corners for appropriate radii curb returns. 31. Applicant to dedicate eighty-eight-foot (881 ) right-of-way (Pottery Street) thru site as shown on Tentative Map. Eighty-eight-foot (881 ) right-of-way centerline shall match centerline of Avenue 6 to the north when that section is at the ultimate width as approved by the City Engineer. 32 . Parkway east of new proposed Street should be abandoned. If it cannot be abandoned then Parkway shall end in a cul-de-sac at its easterly terminus. 33 . Applicant shall process Dawes Street, Avenue 7 and Irwin Drive abandonments. Abandonments must be ^ completed prior to final map approval. 34. For the abandonment of Avenue 6 from Dawes Street to Lakeshore Drive, applicant shall provide a traffic circulation study. If study shows no adverse effects in abandoning Avenue 6, it may be abandoned. 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, chapter 16. 34, Resolution 85-26) . PAGE FOURTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 36. Submit a "Will-Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12) . Plans must be approved and signed by the City Engineer prior to issuance of building permits (Lake Elsinore Municipal Code 16. 34) . "NEW 38. Street improvement plans and specifications shall be prepared by a Civil Engineering Department for construction of off-site public works improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes, (Lake Elsinore Municipal Code 12 . 04 and 16. 34) . 39 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08, Resolution 83-78) . 40. all compaction reports, grade certification, monument certification (with tie-notes delineated on 8 1/2" X 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. "aw 42 . Arrangements for relocation of utility company facilities (power poles, vaults, etc. ) out of the roadway or alley shall be the responsibility of the property owner or his agent. 43 . Provide fire protection facilities as required in writing by Riverside County Fire Department. 44 . Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 45. On-site and off-site drainage shall be conveyed to Lakeshore Drive and directed towards San Jacinto River by a method approved by the City Engineer. 46. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 47 . Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 48 . All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 49. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds. PAGE FIFTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 50. Contribute $14,750 for the design and construction of half a median on Lakeshore Drive along abutting property line. 51. Contribute $30,000 towards the widening of the San Jacinto River Bridge at Lakeshore Drive. Development will increase traffic volume at the bridge at least ^ two percent (2%) and should contribute two percent (2%) of the cost of the bridge. 52 . Contribute $600. 00 towards the City' s Master Entryway Sign Program. 53 . Developer shall contribute $13, 000 towards the design and construction of a traffic signal at Avenue 6 and Lakeshore Drive. This development will increase traffic at the intersection at least ten percent (10%) and should contribute ten percent (10%) towards construction. 54 . Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 55. All storm facilities shall provide tract and downstream property owners within 100 year storm flood protection and be approved by the City Engineer. 56. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided .-- prior to issuance of Certificate of Occupancy. 57 . All utility easements dedicated on the map will be approved by the appropriate utility agency prior to final map approval. 58. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Conditions of Approval for Commercial Project 89-6 Planning Division Conditions: 1. Design Review Approval for Commercial Project 89-6 will lapse and be void unless building permits are issued within one (1) year from the date of City council approval. 2 . Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3 . All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4 . These Conditions of Approval shall be attached or reproduced upon page one of building plans prior to their acceptance by the Division of Building and Safety. PAGE SIXTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community "oo Development Director or his designee. 7. Applicant shall meet all Conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 8. Applicant shall comply with all requirements of the City' s Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9 . A final grading plan shall be submitted and shall be subject to the approval of the Chief Building official. 10. Meet all State handicap requirements. 11. Meet all Riverside County Health Department requirements. 12 . No outdoor storage shall be allowed for any tenant. "' 13 . Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 14 . No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 17. All roof mounted or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or � public streets. Any roof mounted central swamp coolers shall also be screened. 18. All roof mounted equipment shall be at least six-inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. PAGE SEVENTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 19 . All exterior downspouts shall be painted to match the building. 20. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 21. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 22 . Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 23 . The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100. 00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler systems with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30-feet apart and at least 24" box in size, as approved by the ^ Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress points shall be no higher thirty-six inches (3611) . e) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j ) Final landscape plan must be consistent with approved site plan. PAGE EIGHTEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 K) Final landscape plans to include planting and irrigation details. 24 . All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 25. Applicant shall plant street trees on each lot, selected from the City Street Tree List, 30 feet apart and at least 15 gallon in size. A single r' species shall be used for each street and shall incorporate solar subdivision design principals. The planter island within the driveway area may not encroach into public right-of-way. Plan shall be submitted to the Community Development Director or his designee for approval. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall park units shall be permitted. a) Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. b) Security lighting shall be installed and operable from dusk to dawn. 27. Applicant shall annex project into a City Landscape and Lighting District. ""' 28. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code chapter 17.94 . the Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 29. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12 ' X 20 ' loading space as required by the City's Municipal Code. 30. On-site surface drainage shall not cross sidewalks. 31. Parking stalls shall be double-striped with four-inch .� (411) lines two-feet (21 ) apart. 32 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 33 . A six-foot (61 ) high masonry wall shall be PAGE NINETEEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 constructed along the side and rear property lines and shall conform to Section 17. 14.080 (Fences and Walls) , subject to the approval of the Community Development Director. 34. Food service uses shall be permitted in this center only if required parking can be provided in accordance with Lake Elsinore Municipal Code, Section 17. 66. 35. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Conditions: 36. Applicant shall comply with all conditions of Tentative Parcel Map 25106. If building permits are requested prior to Tentative Parcel Map 25106 being recorded, than all appropriate conditions of approval for Tentative Parcel Map 25106 shall be complied with prior to building permit. 33 . Proposed Abandonment of a Portion of Silver Street - Abandonment 90-3 . Resolution No. 90-124. Public Services Director Basham detailed the -proposed abandonment, which is a follow-up to design review based on visibility and safety concerns in the area. Councilman Dominguez questioned the existence of sewer in that area. Staff advised there is none. He suggested that the City insist on sewering of projects such as this. Councilman Buck further questioned the sewer conditions. Staff clarified. City Manager Molendyk suggested clarification of the City Council ' s policy regarding sewer connection. After discussion, it was felt that staff needs to work with the Water District to clarify policy. Public Services Director Basham advised that he is attempting to set up a meeting with the Water District to discuss this and other matters. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-124: RESOLUTION NO. 90-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THAT A STREET EASEMENT (PORTION OF SILVER STREET) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND VACATING SAID EASEMENT. 34 . Commercial Proiect 90-11; Zone Change 90-8 and Conditional Use Permit 90-6 - Thomas Brothers Development (Kentucky Fried Chicken) . Community Development Director Gunderman requested that this item be continued to January 22, 1991, as the Planning Commission has not yet taken action on it. PAGE TWENTY - CITY COUNCIL MINUTES - DECEMBER 11, 1990 MOVED BY WINKLER, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JANUARY 22, 1991. BUSINESS/DISCUSSION ITEMS 51. General Plan Land Use Map. Community Development Director Gunderman detailed the most recent changes to the Land Use Map, including floodway area which has been redesignated Specific Plan; Cambern/Hwy 74 has been revised to allow more industrial use area; Chaney/Pottery �+ has been redesignated industrial. Council had no additional input for the final map. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE GENERAL PLAN LAND USE MAP. 52 . Commercial Project 90-7 - Kevin Jeffries. A proposal to construct a 3,505 square foot two-story multiple tenant office building on a 14,250 square foot lot sited at the northwest corner of intersection of Grand Avenue and Serena Way. Community Development Director Gunderman detailed the proposed project and advised that he will be meeting with the applicant to clarify some Code reinterpretations. He commented that staff believes this is an attractive, well designed building. Mayor Washburn requested inclusion of a condition pertaining to a Class II Bicycle Lane. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 90-17 AND APPROVE COMMERCIAL PROJECT 90-7 BASED ON THE FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings 1. Subject to the attached Conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. 2 . The project, as approved, complies with the Goals and Objectives of the General Plan and the Commercial Office Zoning District. 3 . This project complies with the design directives contained in Chapter 17.82 . 060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17. 82 . 070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 . 060 and the Planning District in which it is located. Planning Division Conditions 1. Design Review approval for Residential Project 90-7 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Planning Commission prior to the expiration of the initial Design Review approval upon application by PAGE TWENTY-ONE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 the developer one (1) month prior to expiration. 2 . All Conditions of Approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3 . These Conditions of approval shall be attached or reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 4. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of approval, or the Planning Commission through subsequent action. 5. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 6. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 7. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflect all Conditions of Approval. These revised plans shall become the approved plot plan only upon the review and approval by the Community Development Director or his designee. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. Applicant shall comply with all requirements of the City' s Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided thirty (30) days after the site' s rough grading, as approved by the City Engineer. 10. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 11. Applicant is to meet all applicable City Codes and Ordinances. 12 . Meet all State handicap requirements. 13 . Meet all Riverside County Health Department requirements. 14 . Project must meet all requirements of Cal-Trans. 15. No outdoor storage shall be allowed for any tenant. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - DECEMBER 11, 1990 17. No roof ladders shall be permitted. 18. Applicant shall use roofing materials with Class "A" fire rating. 19. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping. 21. All roof mounted equipment shall be at least six inches (611) lower than the parapet wall or top of equipment wall and shall be painted to match the building. Evidence of compliance shall be included in building plans. 22 . All mechanical and electrical equipment of the building shall be ground mounted and shall be screened if used. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of 'the Community Development Director. 23 . All exterior downspouts shall be painted to match the building. 24. All mailboxes should be common where applicable. Any proposed metal mailbox shall be treated to blend with the center's design theme. Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Director or his designee. 25. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 26. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or his designee. A landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus twenty percent (20%) . a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (301 ) apart and twenty-four inch (2411) box, as approved by the Community Development Director. c) All planting areas shall be separated from paved PAGE TWENTY-THREE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151 ) of ingress/egress shall be no higher than thirty-six inches (3611) . e) The landscape plan shall provide for ground cover, shrubs and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years, 50% shall be twenty-four-inch (2411) box trees. g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 27. All exposed slopes in excess of three feet (31 ) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 28. DELETED. 29. All exterior on-site lighting shall be low sodium and shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall pack units shall be permitted. 30. Applicant shall annex project into the City' s Landscape and Lighting District. 31. All signage shall be by City permit. 32 . The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code, Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - DECEMBER 11, 1990 Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 33 . The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD) . Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 34 . Trailers utilized during construction shall be .r approved by the Planning Division. 35. On-site surface drainage shall not cross sidewalks. 36. The two (2) twelve-foot(121 ) parking spaces created with the reduction of floor space shall be evenly distributed throughout the parking lot, and parking stalls shall be double striped with four-inch (411) lines two-feet (21 ) apart. 37 . Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 38. A six foot (61 ) high decorative wall, consisting of four-feet (41 ) masonry and two-feet (21 ) wrought iron, shall be constructed along the side and rear property liens and shall conform to Section 17. 14. 080 (Fences and Walls) , subject to the approval of the Community Development Director. 39. The rear perimeter wall shall be six feet (61 ) in height and provide a visual transition (step-down) in order to assure proper visibility. The wall shall be constructed of decorative block, and two-foot wrought iron on top of wall may be utilized. 40. Any additional required dedications for public right-of-way shall be provided for on site plan. 41. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community development Department for inclusion in the case records. 42 . DELETED. 43 . Due to parking deficiencies restaurant uses shall not be permitted on this site. Engineering Department Conditions 44 . All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 45. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52 . 030) . Document can be obtained from the Engineering .... Department. 46. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16. 34 ; Resolution 85-26) . 47. Submit a "Will-Serve" letter to the City Engineering PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - DECEMBER 11, 1990 Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 48. If the existing street improvements are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 49 . Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12 . 08 and Resolution 83-78) . 50. DELETED. 51. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 52 . Site development along the lake perimeter will require special grading and flood proofing requirements (Lake Elsinore Municipal Code 15) . 53 . DELETED. 54. Contribute $2,475. 00 for the design and construction of half a median on Grand Avenue along abutting property line. 55. Applicant shall contribute $1, 300. 00 Public Safety Mitigation Fee for a traffic signal at the intersection of Grand Avenue and Ortega Highway. 56. Contribute $33 . 00 towards the City' s Master Entryway Sign Program. 57. Class II Bicycle Lane to be provided along Grand Avenue. 53 . Extension of Time - Tentative Parcel Map 23381 = Camelot Properties Counselors, Inc. (K-Mart) . Community Development Director Gunderman highlighted the history of this map and advised that work, including removal of dirt, had been completed at this time and recommended extension of the map to December 11, 1991. Councilman Starkey questioned the plan for the proposed motel site. Community Development Director Gunderman advised that it has been approved by the Planning Commission and will be before the Council on January 22 , 1991. Councilman Starkey stressed the need to make the proposed motel a high end ^ product. Councilman Buck requested that at the applicant do some additional hand work on the corner to prevent the runoff on the sidewalk and requested a two to one surface in the public right-of-way. Mayor Washburn confirmed that the applicant had made good progress on the site. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE PAGE TWENTY-SIX - CITY COUNCIL MINUTES - DECEMBER 11, 1990 TO EXTEND TENTATIVE PARCEL MAP 23381 TO DECEMBER 11, 1991. Leonard O'Byrne, Camelot Properties, commended Kevin Shear for his work and assistance. BUSINESS ITEMS 54 . Second Reading - Ordinance No. 907. - Relating to Community Facilities District 88-3 . MOVED BY STARKEY, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 907: ORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 . UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk detailed recent staff reorganizations in City Hall. He also detailed the accomplishments of 1990 and some anticipated accomplishments for 1991. He thanked the City Council and staff for the support and progress. CITY COUNCIL COMMENTS Councilman Dominguez showed the latest Recreation Brochure and encouraged the Community to participate in the programs. Councilman Starkey commented on the Christmas Tree Lighting and show in Downtown and commented that it will be an even bigger celebration next year. He commended the City Council for their appearance on television, in that he was ill at the last meeting and had the opportunity to watch the meeting. Councilman Winkler congratulated the Soccer Club on their efforts in the Commissioners Cup competition and commended them on a good year. Councilman Buck reminded the Community of the Innovation Award received by the City and thanked the Community for its support of the Golden Spectrum Penny Drive. Mayor Washburn advised that he attended the Golden Spectrum induction ceremony, the Community Services Department Baseball Card Show and the Board of Supervisors Meeting and detailed each of them. He reminded the Community of the Council 's involvement in the City as well as outside the City. He also commended the High School Football Team for its CIF efforts. CLOSED SESSION None. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - DECEMBER 11, 1990 ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY UNCIL MEETING AT 8:02 P.M. GARY WASHBURN, MAYOR CITY LAKE ELSINORE TEST VICKI, .Z(;,AS'AD,4CY CLERK CITY OF LAKE ELSINORE