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CITY OF LAKE ELSINORE
PLANNING COMMISSION MEETING
MINUTES
JUNE 15, 2010
CALL TO ORDER
Chairman Flores called the regular meeting of the
Commission held on Tuesday, June 15, 2010 to order,
Center, located at 183 N. Main Street, Lake Elsinore,
PRESENT: Chairman Flores, Vice -CI
Mendoza, Commissioner
ABSENT:
Also present: City Manager Brady, City
Staff members present inclL
Coury, Public Works Director
The
go
None.
mem
CONSENT CALENDAR
None.
Elsinore Planning
p.m. in the Cultural
Zanelli
Planning Consultant
Porche'
rman Gonzales.
PUBLIC HEARINGS)
(2) Specific Plan No. 2010 -01 Amendment No. 3 to the Canyon Hills Specific
Plan
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 2 of 13
F1
Recommendation:
a. Approve a resolution recommending that the City Council make
Findings that the project is consistent with the Multiple Species Habitat
Conservation Plan (MSHCP),
b. Approve a resolution recommending to the City Council approval of
Addendum No. 3 to the Final Environmental Impact Report to the
Canyon Hills Specific Plan,
c. Approve a resolution recommending to the City Council approval of
Amendment No. 3 to the Canyon Hills Specific Plan.
City Manager Brady provided an overview of
that Planning Consultant Coury review it with
questions.
Planning Consultant Coury pr
Commission and indicated that
overview of th
it was present:
The applicant, Mike Taylor of
address. He stated that a year
some concerns about highe ,
They revised Phase 7 anddown
and indicated that the unit c
and requested
on and answer
to the
Pardee Homes, stated his °name and
ago ttfey were in Phase 6 and there were
ensity at'/,/,the eastern end of the project.
;honed the afire a to Railroad Canyon Road
fiittFieientire poiect remains the same.
Planning ConsUltanttCoury desdribdd''the visual change in the landscape
in the development in Phase 8, Ir the proposed Specific Plan, Amendment
#3 Ng
CommisslonerZalh thanked ,Manning Consultant Coury for his
presentation andthenked Mr Taylor for his efforts.
..
Commission Q Neal asked what the original Development Agreement
date was
indicated that the date of the original Development
which was amended and approved by City Council.
Mr. Taylorl icated that the term of the extension was an additional
twenty (20) years.
Commissioner O'Neal asked City Attorney Leibold what the legal definition
was of a Development Agreement.
City Attorney Leibold explained the legal definition as a statutorily
permitted contract as between the City and a developer that is intended to
provide certainty in the developmental process and the CEQA process
related to the Development Agreement.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 3 of 13
F1
Commissioner O'Neal asked Mr. Taylor to explain the drought tolerant
landscaping and density transfer with respect to the prior project and the
current project.
Mr. Taylor described the Living Smart Product and indicated that they
worked with staff to significantly reduce the amount of turf area in the front
yard to approximately 300 square feet of grass and made the balance of
the front yard all drip irrigation as well as drought tolerant landscape
design for low maintenance, and low water usage design for the home
owner and indicated that they would be introducingftfis product in Phases
5, 6, and 7, if desired and noted that the Specifc%P,lan encourages drought
tolerant landscape.
Commissioner O'Neal stated that the
for future projects. Z
would be great
Mr. Taylor stated that as part of tte Development Agreemel%t extension
that was discussed in December °ro2009, ,Pardee made a commitment,
regardless of the cost to develop a community park to include baseball
and soccer fields and 0 r &amenities. He also noted that they were
working with the Water DistribV2o, develop water wise demonstration
i
garden to educate citizens on hm" conserve ter in landscaping.
�..
City Attorney Ldibb tated that,;', n the City Council approved the
AmendmenV16 the Developmer Agreement, Pardee Homes did provide
consideratiat for City fie efit withiespect to the park, and other issues.
11
hairma "nlvlendoza staled, ` of traffic congestion due to
10$ traffic�li��i�ts to be installed on Railroad Canyon Road once
8 wdigcompleted.
Works bisector aumalo indicated that the signal lights will be
sated and t ey will be 500 to 800 feet apart.
had no comments.
Passed and adopted the following Resolution:
"Resolution No. 2010 -29 — A Resolution of the Planning Commission of the
City of Lake Elsinore, California, recommending to the City Council of the
City of Lake Elsinore adoption of Findings that the project known as
Canyon Hills Specific Plan Amendment No. 3 is consistent with the
Western Riverside Multiple Species Habitat Conservation Plan.
MOTION was made by Vice - Chairman Gonzales, seconded by
Commissioner Zanelli and unanimously carried by all present to
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 4 of 13
F1
recommend to City Council of the City of Lake Elsinore, adoption of
findings that the project known as Canyon Hills Specific Plan Amendment
No. 3 is consistent with the Western Riverside Multiple Species Habitat
Conservation Plan.
AYES: Flores, Gonzales, O'Neal, Zanelli, Mendoza
NOES: None.
ABSENT: None.
ABSTAIN: None.
F1
Passed and adopted the following
"Resolution No. 2010 -30 — A Resolution a ''the Planning C mission of the
City of Lake Elsinore, California, recommending to the Ch9tbuncil of the
City of Lake Elsinore adoption of trndi n s to certityu 3 to the
Final Supplemental Environmental Impac�epot (State Clearinghouse No.
87111606). !ii
Motion was made by Cor
Zanelli and unanimously
Council of the
Addendum No.
(State Clearingt
A
ABST,
Passed
"Resolution No. 2010 -,
City of Lake Elsinore,
City of Lake Elsinore
Specific Plan.
?d by Commissioner
mending to the City
findings to certify
ental Impact Report
O'Neal, Zanelli, Mendoza.
None.
following Resolution:
4 — A Resolution of the Planning Commission of the
California, recommending to the City Council of the
approval of Amendment No. 3 to the Canyon Hills
Motion was made by Commissioner Zanelli, seconded by Commissioner
O'Neal and unanimously carried by all present recommending to the City
Council of the City of Lake Elsinore adoption of findings to certify
Addendum No. 3 to the Final Supplemental Environmental Impact Report
(State Clearinghouse No. 87111606).
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 5 of 13
F1
AYES:
Flores, Gonzales, O'Neal, Zanelli, Mendoza.
NOES:
None
ABSENT:
None.
ABSTAIN: None.
F1
(4)
Facility
Recommendation:
a. Staff recommends that the Plai
Conditions of Approval for CUP
immission approve the revised
1 -05 as listed R _'ttachment A.
b. Staff recommends that the
outstanding Condition of Appn
deemed appropriate.
Commission review the
Report and direct staff as
from the May 18
-r Harris to review
F
City Manager Brady
Planning Commissic
with the Commi6sidir
Senior P16rr Harris indicated that,upon taking testimony and discussing
each of therCondlt sassociated\,with the Permit, the Commission
directed staff'to co�ian theft t 'June 15 meeting in order to review
mss,.
and prbVide, foeffidL approval 6f'F6vised Conditions of Approval, and to
review the status ofy all Conditions of Approval that remain in non -
.ompliance ah the applicant's progress towards completion and /or
satisfaction of those Conditions. He indicated that staff has prepared the
revised Conditio s� of Approval, consistent with the May 18` Planning
Commission meeting, and a status report which discusses each of the
w C
Conditignsof ,4pproval that were in non - compliance as of May 18 . He
noted that\cddliyery was made to Mr. Hiner's home of the staff report, and
spoke to MK�liner about the item going back to the Planning Commission
on June 15 and indicated that Mr. Hiner was not in attendance.
Vice - Chairman Gonzales noted that the following Conditions were not in
compliance:
Conditions 8, 9, 10, 18, 20, 25, 28, 29, 32, 35, 37, 38, 40, 42, and 43.
The Condition that is in compliance is:
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 6 of 13
F1 Condition 21.
Commissioner Mendoza stated that he recommended a suspension of the
Conditional Use Permit for sixty (60) days until Mr. Hiner complies with the
outstanding Conditions.
Commissioner Zanelli asked for clarification of Condition No. 24 regarding
Emergency Medical Technician on site.
Senior Planner Harris stated that he would modify the Condition to read
Basic Life Support Ambulance.
Commissioner Zanelli asked Senior Plan n Hbi is if he was able to
identify Motocross staff working at the Moto ility.
Senior Planner Harris indicated
noticed that one gentleman was
but didn't notice Motocross staff.
Commissioner Zanelli stated that
that Motocross staff are t&beider
Commissioner Mendoza
recommending a sixty (60)
been very lenient wtthMr. I
visiting the tray k previously, he
ency Medical Technician (EMT)
requirements was
ason that he was
the Commission has
nted that he is not in
Commissldner O'Neeal�fequested clarification on Conditions 8, 9 and 10
and stated tha It was dI iicultfol himto hold Mr. Hiner responsible for this
when tfsfatgs h the property wrier is held responsible.
I he property owher shy411' provide a signed and notarized letter which
affitms an agreement to guarantee the proper removal of structures,
artifacts, and equipment utilized at the site.
The property"owner shall provide a signed and notarized letter which
affirms our agreement to guarantee the proper reversal of all grading at
the site. In addition, upon termination of use, all jumps, ramps, and
grading shall be flattened to reflect original conditions.
Condition No. 10
The property owner shall provide a signed and notarized letter which
affirms an agreement to guarantee removal of potentially contaminated
soil.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 7 of 13
F1 Commissioner Mendoza clarified that the property owner shall provide a
notarized letter which affirms an agreement to guarantee that the Lessee
is responsible for the clean up and indicated that Mr. Hiner said that he
would talk to the property owner and ensured the Commission that he
would provide the notarized letters from the property owner.
City Attorney Leibold stated that in the context of the bonds and the cash
deposits that the CUP and the Conditions of Approval run with the land
and require that the property be restored to its pre- motocross use
condition. She also indicated that the Commission agreed to relieve the
applicant of the bond requirement and the applicantin exchange, offered
the notarized letters evidencing the propertyewner's agreement to
guarantee compliance with the Conditions o p royal. Because the
agreement is between Mr. Hiner and the property owner, the City has no
privity of contract. However, because e CUP an', the Conditions of
Approval run with the land, the obligati to restore t '-property remains
enforceable as against the operato In the property owner regardless of
whether the Commission has the`Yetters. A& 5��,
Vice - Chairman Gonzales asked if
of Mr. Hiner...
City Attorney Leibold ind
application initially,
and the
if
Senior
responsibility instead
off on the CUP
Report was sent to the owner.
the Staff Report was Federal
O'Neal „indicated that he was trying to decide whether to
the
Corrtmissioner Mendoza indicated that not only were Conditions 8, 9, and
10 no.bging complied with but also many other Conditions.
Chairman Flores” indicated that he preferred that the Planning Commission
make the decision of whether to modify, suspend or revoke the CUP, as
they have been working with Mr. Hiner for the past 2 years for compliance
and suggested that Mr. Hiner be brought back to the next Commission
meeting and move forward.
Commissioner Mendoza indicated that he agreed with Chairman Flores,
although, if it is brought back to the Commission again, two (2) new
Commissioners will be on board, whereas, the current Planning
Commissioners have current knowledge of the project.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 8 of 13
F1 Vice - Chairman Gonzales stated that if this comes back to the
Commission, he would like the property owner to be in attendance as well
as Mr. Hiner to clarify who is responsible for what.
City Attorney Leibold indicated that the applicant which is the Motocross
operator is responsible to comply but if he fails to comply then the property
owner is responsible. She noted that the proposed revisions to Conditions
7, 8 and 9 state more clearly the affirmative obligation to restore the
property to its pre -use Condition and to remove contamination. The
applicant and the property owner are equally responsible for this.
Commissioner O'Neal asked how the cost of
Commissioner Mendoza stated that this
first CUP eight (8) years ago.
Commissioner O'Neal suggested c
He also voiced his disappointment
the Planning Commission meeting.
City Attorney Leibold indicated that
��0j
required $5,000, $15,OOO nd 2Q
debited to fund the drafting ofthe env
Commissioner :VTe doza indicated
business operator outgo busi ln
this matter seriously. He stated h t
w INZ
ere he would wlthdawal his q [
Mr
was determined.
o nt Abs determined by the
the funds b ck3 into the bond.
liner was not inattendance at
Conditions 8, 9, and 10 originally
000 `c'a'sh deposits and then was
ironmenti3ly ,ocuments.
that hedoesn't want to put any
the City but Mr. Hiner hasn't taken
if the bonds are put back where they
,commendation of sixty (60) day
no comments.
that he is not in favor of suspension.
stated that the amount of the cash bonds relating to
not been determined.
O'Neal asked if the cash bond could be a surety bond.
Public Works Director Seumalo indicated that the City accepts three (3)
forms of bonds; a letter of credit from bank, a standard bond, and cash.
Commissioner Zanelli indicated that the monetary amounts were an
estimate ten (10) years ago, and if Mr. Hiner does not pay for the cost of
clean up and restore the property to it's original condition that staff needs
to communicate to the property owner that he is the responsible party for
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 9 of 13
this as well as all of the other outstanding Conditions and once the owner
is notified of this, he may not want to sign the notarized letters.
City Attorney Leibold noted that there is a requirement that the
Commission added requiring that the applicant and the property owner
sign an "Acknowledgment of Conditions ".
Senior Planner Harris indicated that it was recommended by the City
Manager to add the property owner to the "Acknowledgment of
Conditions ".
City Attorney Leibold suggested that C
make the affirmative statement that all
utilized at the site shall be removed in
motocross use condition, and similarly
of the site shall be restored to it's pr
jumps, ramps, and grading shallb
condition of the property and con irmei
be re- worded to make clear the
property to it's pre- motocross conditio�
ndition ,47.,8; and 9 , be revised to
tructuras, rtifacts and equipment.
a;
)rd r o resto a the site to it's pre -
iConditioo that all grading
motocross use condition, and all
flattened to reflect, the original
that Conditions 7, 8�and 9 should
mative''obliciation to restore the
Commissioner Mendoza noted l eevverbiage of Condition No. 22; "Prior to
commencement of operations; the applicant an operty owner shall sign
and complete anAcknowledgmer� of�Gandions and shall return the
executed on inal.Ito ttl�Comrnumty pevelopin Department for inclusion
in the case records
MOTION was��\made re- motocros
by Commissioner Mendoza, seconded by
Commissioner Zanelli and unanimbuusly` carried to accept or confirm the
modified
M 4
modified on page 7 as submitted in the Staff Report
witht�exception�of Conditions 7, 8, and 9 and the revised wording on
�fi..,
Copdttions 7, 8, an � ncorporate a positive, affirmative obligation to
restore the property it'ss condition, in addition to the
modificah of ConditQ 24 to read Basic Life Support Ambulance
Flores, Gonzales, O'Neal, Zanelli, Mendoza
None.
ABSENT: None.
ABSTAIN: None.
Commissioner Mendoza stated that he appreciated all of the hard work
that staff has done with this project.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 10 of 13
Chairman Flores confirmed with Senior Planner Harris that there are
seventeen (17) outstanding Conditions out of forty -four (44) Conditions.
Senior Planner Harris stated that this is correct.
Commissioner Zanelli indicated that in February 2008 he spoke to the City
Attorney regarding the City's liability in terms of Mr. Hiner operating
without some of his requirements, primarily ambulance EMT for the safety
of the riders, and secondly the liability insurance because at that time
there was no record of him having any, and the City Attorney agreed that if
there was a fatal injury on the premises the City woald be held liable if Mr.
Hiner was not in compliance with the Conditionsg0'Approval. He voiced
his concern of the safety of the riders and the iabit'I to the City and to the
Mayor. He stated that it was not his intension to c l os"'ethe Motocross Park
but given the circumstances, Mr. Hiner dk
In
of take t' I after seriously.
Commissioner O'Neal suggeste
Attorney communicate with Mr.'
Commission is disappointed with
and wanted to stress taking the C
Vice - Chairman Gonzales
but is not sure how much
someone from `staff or the City
and the > property owne�r that the
:k of onse to the Commission
4 "IM" r
p
5lomaseriously.
he `is /tot in favor of suspension
�,
missionkcan go on with this.
City Attorney t iibdld. suggest-
Mr. Hiner, copying throperty
was extremely disappnted in
appear aiA e;,contmued Pu Iii
the followina conf
"a stf iii worded letter be sent to
r to read: The Planning Commission
lack of response and your failure to
ring, the Planning Commission took
hese modified Conditions which are
the Public Hearing to July 6, 2010. You have
a resolution of suspension and the applicant must
%rate substantial progress on the outstanding
MOTION was made by Commissioner Zanelli, and seconded by
Comm sloner O'Neal and unanimously carried for staff to draft a
letter to Mr „Hiner and a copy to the property owner to read; The
Planning Commission was extremely disappointed in your lack of
response and your failure to appear at the continued Public Hearing,
the Planning Commission took the following action and confirmed
these modified Conditions which are enclosed and continue the
Public Hearing to July 6, 2010. You have directed staff to prepare a
resolution of suspension and the applicant must be prepared to
demonstrate substantial progress on the outstanding Conditions.
AYES: Flores, Gonzales, O'Neal, Zanelli, Mendoza.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 11 of 13
NOES: None.
ABSENT: None.
ABSTAIN: None.
F1
BUSINESS ITEM(S)
None.
STAFF COMMENTS
Public Works Director Seumalo had no
Senior Planner Harris indicated that he
Flores and Commissioner Zanelli did on tt,
Office Specialist Porche' had no
City Manager Brady indicated
Flores, and Commissioner Zani
City Attorney
and Commis;
the work that Chairman
i and wishedthem luck.
working with Chairman
reworking with Chairman Flores,
Public Works Director Seumalo when 4 corners
re -su
r
Public Works Director
and the workhould c
Vice - Chairman
was a
it
indicated that they are on schedule to bid in July
in mid August.
asked about weed abatement.
Public Works Director Seumalo stated that weed abatement goes from May to
September.
Vice - Chairman Gonzales mentioned that there are weeds on Gary Goh's
(resident) property on Lash.
Public Works Director Seumalo indicated that he would follow -up with staff to
abate the weeds at that location.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page '12 of 13
F1
r
5
Vice- Chairman Gonzales asked City Manager Brady if the City was looking into
salt less water softeners.
City Manager Brady indicated that he believes the Water District discourages the
use of water softeners with the use of salt tablets and indicated that he would
follow -up with the Water District to find out if they are using this, and will report
back at the next Planning Commission meeting.
Commissioner Mendoza asked Public Works Director Seumalo about the
Railroad Canyon Road interchange.
Public Works Director Seumalo indicated that
interchange is currently in design and awaiting app
Commissioner Mendoza asked about Frankl
Public Works Director Seumalo ind
interchange project for Railroad Cam
Commissioner Mendoza thanked staff for
and stated that he enjoyed wor,lli" with C
from him and also indicated tha �'f Chairn
was not extended, it was great working * w f
Commissioner O NeaFiOt
Planning Commission app
application and
Commission Zanellidid an
thanked Chairman ores 1
not extended.. t\ t '
Franklin
Canyon Road
of the
on the Motocross project
r Zanelli and learned a lot
time on the Commission
t he wabd
%approachOby City Council to evaluate
p �a
is andI dicated that he reviewed Axel Zanelli's
him for Commission. He said that
ant job aitdthanked him for his service. He also
q a a66b if his time on the Commission was
Commissioner Zanbllilp it was a pleasure working with staff, and
thanks � ity Manager Brady fofphis open door policy. He also said it was great
working with City Attorney, Leibold and the Commission and indicated that it was
a great expq"`I' ce and,, nted to do what was in the best interest of the City.
Vice - Chairman "Gonzales thanked Commissioner Zanelli for the all of the work
v
that he did on the Planning Commission.
Chairman Flores thanked the City for the opportunity that was given to him to be
a member of the Planning Commission. He indicated that he learned a lot about
the City and would like to continue serving on the Commission and believes that
there is a bright future for the City.
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 13 of 13
F1 ADJOURNMENT
There being no further business to come before the Planning Commission
Chairman Flores adjourned the meeting at 7:54 p.m.
The next regular meeting of the Planning Commission of the City of Lake
Elsinore is scheduled for Tuesday, July 6, 2010, at 6:00 p.m. in the Cultural
Center located at 183 N. Main Street, Lake Elsinore, 02530.
Respectfully Submitted,
Kristine Herringt
Office Specialist
F1