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HomeMy WebLinkAbout02-02-2010 NAHPage 1 of 10 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES FEBRUARY 2, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, February 2, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Flores, Vice-Chairman Gonzales, Commissioner Mendoza, Commissioner O'Neal, Commissioner Zanelli ABSENT: None Also present: Director of Community Development Weiner Staff members present included Public Works Director/City Engineer Seumalo, Planning Consultant Coury, Senior Planner Harris, Office Specialist Porche'. CALL TO ORDER (6:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chairman Gonzales. ROLL CALL All Commission members were present. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE No requests to speak CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): (a) June 19, 2007 (b) August 21, 2007 (c) January 5, 2010 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 2 of 10 MOTION was made by Commissioner Mendoza, second by Commissioner Zanelli to approve June 19, 2007, August 21, 2007, and January 5, 2010, Regular Planning Commission Minutes. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. PUBLIC HEARING(S) (2) Mitigated Negative Declaration No. 2008-09. Tentative Parcel Mao No. 35919, and Industrial Design Review No. 2008-01, for Collier Avenue Automotive Center Recommendation: Continuance Director of Community Development Weiner noted that the Staff Report indicated a request for continuation to February 16, 2010. The applicant notified staff to request a continuation to March 16, 2010 and said they were waiting for the architect to finalize plans to present to the Commission. There was no one who wished to speak regarding the Public Hearing item. Commissioner Mendoza asked Director of Community Development Weiner if this was the first time the project had come in front of the Commission. Director of Community Development Weiner said yes. MOTION was made by Vice-Chairman Gonzales, second by Commissioner Zanelli and unanimously carried to continue the item to March 16, 2010. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. (3) Mitigated Negative Declaration No. 2009-03. Conditional Use Permit No. 2008-12 and Commercial Design Review No. 2009-03: A Request of Constructed or Proposed On-Site Improvements in Association with the Lake Elsinore Moto-Cross Facility Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 3 of 10 Director of Community Development Weiner provided an overview of the project and requested Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris requested that this item be continued off calendar to allow staff time to address following issues: 1) Comments made by Riverside Conservation Authority and Federal Agencies in association with the LEAP Application. 2) The evaluation of the applicant's revised plans and operations statement based on additional uses and activities being proposed by the applicant. 3) The evaluation of any Mitigated Declaration comments that would be provided by affected Agencies or the public. Senior Planner Harris stated that he would provide further information to the Commission if requested. The applicant had no comments. There was no one who wished to speak regarding the Public Hearing item. Vice-Chairman Gonzales asked the applicant what additional uses he was planning on doing there other than what was currently there. Senior Planner Harris stated that staff received just prior to the Planning Commission meeting the description of the additional uses which had not been evaluated by staff yet. He indicated that a BMX track and a car racing track were listed. Vice-Chairman Gonzales asked Senior Planner Harris if staff was requesting a specific date for continuance. Senior Planner Harris indicated that there were various issues that transpired which the applicant needed to resolve, subsequent to the last Planning Commission meeting which caused delays. He stated that he reviewed the issues and said it was not determined when it would go back to the Commission, possibly in a few weeks. Commissioner O'Neal asked if RCA proposed the same framework or were they re-organizing the entire project. Senior Planner Harris indicated that it was still within the bounds of the previous proposal. Chairman O'Neal asked if RCA requested additional funding and were they commenting on existing comments. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 4 of 10 Senior Planner Harris stated that the RCA submitted the evaluation per the MSHCP, then routed to Federal Agencies and are waiting for comments back. Vice-Chairman Gonzales asked Senior Planner Harris when the Conditional Use Permit (CUP) would expire. Senior Planner Harris indicated that the applicant does have a valid CUP and it doesn't expire per the City Attorney's inclusions. Commissioner Mendoza asked Senior Planner Harris if Staff's requests were given to the applicant in a reasonable amount of time prior to the Planning Commission meeting. Senior Planner Harris indicated to Commissioner Mendoza that staff met with the applicant a few weeks ago and was told by the applicant that he wanted to expand his operations. Staff asked the applicant to provide a new operational statement clearly stating what he wanted to add and also asked that the plans be modified accordingly, to reflect the changes. Senior Planner Harris stated that staff did not receive the information that they requested of the applicant. Commissioner Mendoza confirmed with Senior Planner Harris that since the CUP was still active, there didn't seem to be a sense of urgency to the applicant. Senior Planner Harris stated that the applicant was still able to operate. The applicant was asked to approach the podium and answer any questions by the Commission. The applicant, Randy Hiner, stated his name and address. Commissioner Zanelli stated that it was great to have a Motocross Facility in the City. He indicated that after information that was relayed during the LUCAS Oil event, he followed up with Director of Community Development Weiner and asked him if the added items were reflected in the plans, and he said they were not, and indicated that staff contacted the applicant in December to submit the information. Mr. Hiner stated that he recalled the meeting to be in late December or early January but he did not submit the information due to a family emergency. He indicated that he was not aware that the documents had to be routed to several organizations for review and under estimated the amount of work that it was going to take to get the project completed. The applicant apologized to staff for the delay. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 5 of 10 Commissioner Zanelli stated that there have been numerous delays with this project within the past two year. Mr. Hiner agreed. Commissioner Zanelli stated that the project needs to be completed so that the applicant can continue to operate and expand if he wishes to do so. Mr. Hiner indicated that there were environmental issues that had to be dealt with which cost him $80,000. Commissioner Zanelli referred to the Conditions of Approval and indicated to the applicant that bonds, liability insurance, etc. needed to be kept current. Mr. Hiner stated that the bonds, liability insurance, etc. were all current. Commissioner O'Neal asked Mr. Hiner if he paid the $80,000 in environmental fees. Mr. Hiner stated that the issues were resolved. He indicated that he was informed by the previous Environmental Specialist, Wendy Worthey that the CUP fell into the new CEQA guidelines and he would not get charged $80,000. Commissioner O'Neal indicated that there was confusion regarding the environmental process. He asked Mr. Hiner if he currently has to pay out more money in order to complete the environmental documentation. Mr. Hiner stated that all of the fees have been taken care. Commissioner O'Neal noted that there has been much confusion over the years regarding this project and if everything can be worked out, would he be satisfied in moving forward. Mr. Hiner stated that they are very close to being done and they are waiting on comments back. Commissioner O'Neal asked Director of Community Development Weiner if he was comfortable with the way the process has been going. Director of Community Development Weiner stated that he was comfortable with the process over the last six months. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 6 of 10 Vice-Chairman Gonzales asked Director of Community Development Weiner since the project is being reviewed by various organizations, are they able to stop the process. Director of Community Development Weiner stated that it depends on their comments and indicated to Vice-Chairman Gonzales that there were CEQA-related issues and complaints that were made about the dust and noise from the race track in the past. He briefly reviewed the CEQA process. Director of Community Development Weiner and Mr. Hiner both stated that the line of communication was good within the last six months and the project was now moving forward. Commissioner O'Neal asked Senior Planner Harris if he thought that the project would be completed within the next six months if there were no environmental issues. Senior Planner Harris stated yes. Commissioner O'Neal stated that if the CUP could be completed within four to six months he would not have a problem with the project. Commissioner Zanelli stated to the applicant that to ensure that he is able to stay in operation for a long period of time, he has to make sure that the requirements are done correctly. Commissioner Mendoza stated that he would like to see the project completed within the next ninety days so that the applicant would not have to come back to the Planning Commission. He also indicated his concerns about the race track being expanded in the future and how it could affect residents moving to the area. Mr. Hiner suggested informing nearby residents with additional mailings regarding any issues relating to the race track's CUP. Director of Community Development Weiner stated that he would look into a second mailing but stressed how time sensitive the project is. Commissioner Mendoza asked Director of Community Development Weiner if the current CUP would prevent the applicant from any expansion to the track. Director of Community Development Weiner stated that any intensification of the use that is not clearly outlined in the CUP is considered a modification to the CUP. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 7 of 10 Commissioner Zanelli asked Director of Community Development Weiner if it was possible to have other modifications to the CUP in the future. Director of Community Development Weiner stated that any business owner or operator can modify or change their existing CUP. Chairman Flores asked Senior Planner Harris if the report for RCA was completed. Senior Planner Harris stated that the LEAP application was distributed to RCA and the City received comments back, however, they now have to submit it to the Federal Agencies to see if they concur with their conclusions. Commissioner O'Neal wanted clarification regarding the MSHCP process and what would happen if there were environmental issues with the project. Director of Community Development Weiner stated that it would depend on what the issue was related to regarding the MSHCP. If it falls under the Federal jurisdiction, the City would need to follow-up with the Federal Agency to get clearance. Commissioner Mendoza asked Mr. Hiner if he was concerned about new homes coming in and the race track being forced out. Mr. Hiner stated that he believes that it could be a long time before new homes come into the area and indicated that the previous housing development went bankrupt because no houses were selling. He stated that hopefully once development comes back in the area, the City will stand behind the project. Commissioner O'Neal also stated that it may be a long time before the area is developed. MOTION was made by Commissioner Zanelli to continue the item to a date off calendar, second by Vice-Chairman Gonzales. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli NOES: None. Absent: None. BUSINESS ITEM(S) None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 8 of 10 STAFF COMMENTS Public Works Director/City Engineer Seumalo stated to Chairman Flores that the stair steps were fixed and apologized for having to be reminded. He also addressed the issue of street circulation at Terra Cotta Middle School. Chairman O'Neal stated that he continuously sees violations regarding the circulation and is concerned that it could kill someone and doesn't think that the problem has been resolved. Public Works Director/City Engineer Seumalo: • Apologized that the report was not what Commissioner O'Neal was hoping to hear (related to Terra Cotta) and indicated that he discussed the issue with the Traffic Engineer and they would continue to work with the Police Department regarding traffic enforcement at the location. • Provided and update regarding the Capitol Improvement Program. • Reported to Commissioner O'Neal that he would be meeting with Cal-Trans regarding the relinquishment related to the Gunnerson signal. Redevelopment Agency Analyst Carlson had no comments. Senior Planner Harris had no comments. Office Specialist Porche' had no comments. Director of Community Development Weiner: • Alisha Winterswyk would no longer be serving as Deputy City Attorney for the City of Lake Elsinore and wished her the best of luck and success. • The proposed Walgreens project located at the vacant Burger King site would be going to the Planning Commission within the next sixty days. • There are two developers (D R Horton and Richmond American) who have submitted plans for new homes, also Pardee Homes is continuing to submit plans to build new homes. PLANNING COMMISSION COMMENTS Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 9 of 10 Vice-Chairman Gonzales had no comments. Commissioner Mendoza asked Public Works Director/City Engineer Seumalo if La Strada was done with their grading and their mining operation. Public Works Director/City Engineer Seumalo stated that the item was extended in Closed Session until the consideration on Tuesday. Commissioner Mendoza asked Public Works Director/City Engineer Seumalo what he perceived would happen. Public Works Director/City Engineer Seumalo indicated that the determination was City Council's decision. He said he would be reviewing the report that evening and would give feedback to the Environmental Consultant and directed any questions relating to environmental documents to Director of Community Development Weiner. Commissioner O'Neal asked Director of Community Development Weiner that since the Deputy City Attorney was no longer there, who was the client, specifically, the Planning Commission, the City Council, or the City of Lake Elsinore. Director of Community Development Weiner stated that it was all of the above and would follow-up with Commissioner O'Neal to confirm this. He also indicated that Barbara Leibold would now be serving as the Planning Commission Attorney. Commissioner O'Neal stated that he signed off on Planning Commission Minutes but noted that there was a signature block for Rolfe Preisendanz and asked who could sign for him. Director of Community Development Weiner indicated that he would sign on Rolfe Preisendanz's behalf as long as he is employed by the City and attended that meeting. Chairman O'Neal noted to Office Specialist Porche' that his name was misspelled on the June 19, 2007, Planning Commission minutes. Office Specialist Porche' stated that she would make the appropriate correction. Commissioner Zanelli thanked the Public Works crew for their rapid response for the clean up of a pine tree in one of the City's neighborhoods. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of February 2, 2010 Page 10 of 10 Chairman Flores thanked Public Works Director/City Engineer Seumalo for the clean up work that the Public Works crew did after the storm. He asked Public Works Director Seumalo if something could be done regarding the flooded areas on Lakeshore Drive. Public Works Director/City Engineer Seumalo stated that he was aware of the problem and had discussed with staff putting in storm crossings in the flooded areas but due to budget issues the problem has not been resolved. He stated that if there was additional funding left from other projects, it could be used. ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 7:00 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, February 16, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ~mmy Flores Chairman Respectfully Submitted, Kristine Herrington Office Specialist Aft st: Tom Weiner Director of Community Development