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HomeMy WebLinkAbout07-06-2010 NAHPage 1 of 15 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES JULY 6, 2010 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, July 6, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Gonzales, Vice-Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal ABSENT: None Also present: City Manager Brady, City Attorney Leibold Staff members present included: Senior Planner Harris, Planning Consultant Coury, Public Works Director Seumalo, and Office Specialist Porche' CALL TO ORDER (6:00 p.m.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Office Specialist Porche'. ROLL CALL Present: Commissioner Gonzales Commissioner Mendoza Commissioner O'Neal. OATH OF OFFICE Commissioners Shelly Jordan and Rick Morsch took the Oath of Office. SELECTION OF PLANNING COMMISSION CHAIRMAN MOTION was made by Commissioner O'Neal, seconded by Commissioner Mendoza and unanimously carried to nominate John Gonzales as Chairman of the Planning Commission. AYES: Gonzales, Mendoza, Morsch, Jordan, O'Neal Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 2 of 15 NOES: None ABSENT: None ABSTAIN: None SELECTION OF PLANNING COMMISSION VICE-CHAIRMAN MOTION was made by Commissioner O'Neal, seconded by Commissioner Morsch and unanimously carried to nominate Phil Mendoza for Vice- Chairman of the Planning Commission. AYES: Gonzales, Mendoza, Morsch, Jordan, O'Neal NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES Daryl Hickman congratulated the two (2) new Planning Commissioners and asked that they give thoughtfulness and care in their decisions to help the City grow appropriately. He also congratulated John Gonzales and Phil Mendoza in their new positions. He indicated that he was informed that Jeremy McGrath would be purchasing the Motocross Facility and looked forward to working with him. CONSENT CALENDAR ITEM(S) (1) Minutes for the Following Planning Commission Meeting(s) • June 1, 2010 Recommendation: Approval with modification to the following paragraph on page 11 of the Planning Commission Minutes. Vice-Chairman Gonzales indicated that he and his wife are members of the Chamber of Commerce and agree with the statements regarding the Chamber. MOTION was made by Vice-Chairman Mendoza and seconded by Commissioner O'Neal to approve the June 1, 2010 Planning Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 3 of 15 Commission minutes with modification to the last paragraph on page 11. AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: None ABSTAIN: Jordan PUBLIC HEARING ITEM(S) (2) Consideration of Modification, Suspension, and/or Revocation of Conditional Use Permit No. (CUP) 2001-05 for the Lake Elsinore Motocross Recommendation Staff recommends that the Planning Commission review the outstanding Conditions of Approval and direct staff as deemed appropriate Commissioner O'Neal requested that this item be continued to August 3, 2010, Planning Commission meeting so that the Commission can review all pertinent information relating to the Motocross Facility, assuming that the new owner has purchased the property. Chairman Gonzales indicated to the new Planning Commissioners that the CUP stays with the property and not with the Motocross. Vice-Chairman Mendoza suggested that this item be continued for thirty (30) to forty-five (45) days from the time that a new owner establishes the property to provide sufficient time to review the CUP. City Attorney Leibold asked if staff received anything in writing from the operator, and/or the property owner, or the new operator. Senior Planner Harris stated no. City Attorney Leibold asked if anyone in the audience could provide an update regarding the purchase of the Motocross Facility. Daryl Hickman indicated that the new owner was in the process of purchasing the property. City Attorney Leibold asked if the Motocross Facility is presently in operation. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 4 of 15 Senior Planner Harris stated that the Motocross Facility is not currently in operation and indicated that he had a phone conversation with the applicant who said he was unable to attend the Planning Commission meeting because he had a previous obligation. Commissioner O'Neal requested that Senior Planner Harris give an update regarding the Staff Report to inform the new Commissioners of the status of the Motocross. He also recommended a continuance. Commissioner Morsch asked if the Motocross Facility was closed voluntarily or closed by the City. He also indicated that he has known Mr. McGrath for a long time, has followed his career, and knows that he is a responsible person, and would expect him to follow through with completing the outstanding Conditions prior to opening the Facility. He would like to continue this item for thirty (30) days which he believes to be a reasonable amount of time. Senior Planner Harris indicated that he had not spoken with Mr. Hiner since the last Planning Commission meeting and provided an overview of the Staff Report to update the new Commissioners. Commissioner O'Neal requested that City Attorney Leibold provide the Commission with the options available to Mr. Hiner. City Attorney Leibold indicated that the Commission could continue, suspend, or revoke the CUP. Commissioner O'Neal suggested continuing this item until all issues are worked out. Commissioner Mendoza suggested that this item be continued so that the new lessee has the opportunity to take care of all of the outstanding Conditions and can begin operation of the Facility as soon as possible. Commissioner Jordan had no comments. Commissioner Morsch recommended suspension for thirty (30) days until the new owner is in place and has complied with the outstanding Conditions, at which time, Planning, Engineering, and the Commission can make a decision. City Attorney Leibold indicated that the applicant should have provided written documentation as to the status of the negotiations but as of yet, the City has not received any written documentation. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 5 of 15 Vice-Chairman Mendoza recommended a continuance until the new owner has purchased the facility. MOTION was made by Commissioner O'Neal, seconded by Vice- Chairman Mendoza and unanimously carried to continue Consideration, Suspension, and/or Revocation of Conditional Use Permit No. (CUP) 2001-05 for the Lake Elsinore Motocross to August 3, 2010. AYES: Gonzales, Jordan, Mendoza, Morsch, O'Neal NOES: None ABSENT: None ABSTAIN: None (3) Revision No. 1 for Tentative Tract Map No. 31593 Recommendation: Approve a resolution recommending to the City Council approval of revision to Tentative Tract Map No. 31593. City Manager Brady provided an overview of the project and requested that Planning Consultant Coury review it with the Commission and answer questions. Planning Consultant Coury presented the Staff Report to the Commission and indicated that the applicant was present. The applicant, Erik Lunde, gave his name and address. He indicated that he was representing Wasson Canyon Land, LLC (Development Company) and would answer any questions that the Commission had. Commissioner Mendoza asked Planning Consultant Coury if SB1185 and AB333 allow for an automatic three (3) year extension in addition to the two (2) years which the City Grants. Planning Consultant Coury stated yes. Commissioner Mendoza asked if the applicant has to pay a fee if there are any extensions. Planning Consultant Coury indicated that the three (3) year extension is automatic no fees are required. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 6 of 15 Commissioner Mendoza asked what constitutes a qualifying map City Attorney Leibold explained what constitutes a qualifying map and indicated that if a map was approved on or before a date certain and if it is in affect and not expired on or before a date certain than it is entitled to an automatic extension and there is no review or opportunity to review. Commissioner Morsch asked if the Condition requiring Elsinore Hills Drive to be extended to Camino Del Norte, is the same Condition that is imposed on the Spyglass project. Public Works Director Seumalo indicated yes and stated that the agreement between the two projects was to have Elsinore Hills Road connected from Southshore I to Camino Del Norte, indicating that Spyglass is going to build the outside lanes, and this project is committed to building the inside lanes. Commissioner Morsch indicated that this project is landlocked until Spyglass builds and asked if there is an agreement between Wasson Canyon Land (Development) and Spyglass (Development) to obtain an easement across the property. Mr. Lunde, indicated that the easement has already been granted and stated that there is a Joint Development Agreement between the two (2) properties with secondary access. Commissioner Morsch asked if there would be export or import of fill at the location. Mr. Lunde indicated that there would not be export or import of fill at that site. Also, he stated that they have reduced the grading considerably with the revision to the map. Commissioner Morsch requested that if there is export/import fill to be added at the site, a Condition of Approval is to be added and requested that the project is to be brought back to the Planning Commission for public comment. City Attorney Leibold reviewed with the Commission the revised Grading Ordinance requirements regarding export/import. Public Works Director Seumalo added that if the (maul volume) is greater than 5,000 cubic yards, this would trigger the new requirements and trigger a Public Hearing. Commissioner O'Neal requested that this item be brought back to the Planning Commission for review. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 7 of 15 There was lengthy discussion between the Commissioners regarding the revised Grading Ordinance and the specific requirements regarding export/import of fill. It was discussed between the City Attorney and the Commission that in the event the Municipal Code or Conditions are triggered, a Public Hearing is required, and the Planning Commission will hear the item first and will then make a recommendation to the City Council. Passed and adopted the following Resolution: "Resolution No. 2010-32 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council approval of Revision No. 1 for Tentative Tract Map No. 31593 and consider as amended. MOTION was made by Commissioner O'Neal, seconded by Vice-Chairman Mendoza and unanimously carried recommending to the City Council approval of Revision No. 1 for Tentative Tract Map No. 31593 and consider as amended. AYES: Gonzales, Jordan, Mendoza, Morsch, O'Neal NOES: None ABSENT: None (4) Provisions and to Amend a previously approved Uniform Sign Program No 2007-01 on property located at 31569 & 31571 Canyon Estates Drive Recommendation: a. Adopt a resolution approving Variance No 2010-02 to vary from maximum sign area provisions. b. Adopt a resolution approving Uniform Sign Program Amendment City Manager Brady provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris presented the Staff Report to the Commission and indicated that the applicant was present. The applicant, Kip Dubbs, gave his name and address. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 8 of 15 Commissioner Jordan asked Mr. Dubbs to clarify the square footage because she noticed a discrepancy in the Conditions and the first Sign Program. Mr. Dubbs indicated that a total of 859 square feet of signage is proposed. Commissioner Morsch indicated that the condominium plan was approved for one hundred forty two (142) units and asked Mr. Dubbs how they were going to choose which tenants would get a sign since there are only thirty two (32) signs. Mr. Dubbs indicated that once the building is fully occupied, less than forty (40) percent of the tenants are going to be able to have signage capability and indicated that the sign program is designed to bring outside Physicians into the area who would like to establish their businesses. Commissioner Morsch indicated that if they can demonstrate to the Commission that the number of signs are necessary to get occupancy then he is agreeable. Mr. Dubbs indicated that occupancy is important and said that he has met with Doctors, Physicians, and office users who have asked him if they can get signage on buildings. Vice-Chairman Mendoza had no questions. Commissioner O'Neal indicated that he would prefer that this item not come back to the Commission and asked Mr. Dubbs if this addresses what he is requesting. Mr. Dubbs stated yes and does not anticipate coming back to the Commission. Chairman Gonzales indicated that he has no problem with this and the more signs they get the better. Passed and adopted the following Resolution: "Resolution No. 2010-33 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Variance No. 2010-02 to vary from the maximum sign area provisions in association with additional wall mounted signage for the Plaza at Lakeview Professional Office Complex. MOTION was made by Commissioner O'Neal, seconded by Commissioner Jordan and unanimously carried to approve Variance No. 2010-02 to vary Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 9 of 15 from the maximum sign area provisions in association with additional wall mounted signage for the Plaza at Lakeview Professional Office Complex. AYES: Gonzales, Jordan, Mendoza, Morsch, O'Neal NOES: None ABSENT: None Passed and adopted the following Resolution: "Resolution No. 2010-34 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Uniform Sign Program No. 2010-02 to amend the previously approved Uniform Sign Program for the existing Plaza at Lakeview Professional Office Complex located at 31569 & 31579 Canyon Estates Drive. MOTION was made by Vice-Chairman Mendoza, seconded by Commissioner Jordan and unanimously carried to approve Uniform Sign Program No. 2010-02 to amend the previously approved Uniform Sign Program for the existing Plaza at Lakeview Professional Office Complex located at 31569 & 31579 Canyon Estates Drive. AYES: Gonzales, Jordan, Mendoza, Morsch, O'Neal NOES: None ABSENT: None (5) Variance No. 2010-01 to deviate from the Lake Elsinore Municipal Code Maximum Sign Area Provision on property located at northwest corner of Casino Drive and Malaga Road Recommendation Adopt a resolution approving Variance No 2010-01 to vary from maximum sign area provisions, based on the Findings Exhibits and Proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris presented the Staff Report to the Commission and indicated that the applicant was present. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 10 of 15 The owner, Ted Kingston, gave his name and address. He indicated that they have added a lot of lighting to the building and have done some demolition to the back of the building, re-painted the building and has put a neon sign up and is continuing to improve the building. Commissioner Morsch indicated that he likes the sign but it exceeds the allowable footage. He asked Mr. Kingston if he has any intensions of upgrading or modernizing the existing freestanding neon sign. Mr. Kingston indicated that the sign is close to 100 feet tall. He stated that they would like to modernize the sign with a reader board in digital/color. Commissioner Morsch indicated that he has had a number of complaints about the wall mounted sign stating that it is too big and is on the side of the building. He suggested outdoor lighting and mural work because when driving by, the sign does not indicate that it is a Casino. Mr. Kingston indicated that they are in the process of upgrading the wording on the signage and the location of the signage. Commissioner Morsch indicated that another concern he had is that if the Commission approves the Variance, it would be setting precedence for all other business signs coming into to the City. For example, if Cosco or Lowes requested the same allowance then the Commission would be allowing Cosco to have a 4,600 square foot sign, as well as Lowes to allow a 7,200 square foot sign, etc. Commissioner O'Neal asked City Attorney Leibold what the definition is of a mural and indicated that he believes this is a mural and not a sign. City Attorney Leibold indicated that there is not a definition for a mural but there is a definition for a sign and she concurs with staffs determination that this fits within the definition of a sign. Commissioner Mendoza believes that this is a sign. He said that various business owners in the City have spent a lot of money to have nice signs and if this is approved it would be setting a precedence. He doesn't think that a sign this large looks good for the City. Further, this is a wall mounted sign that can't be taken down but has to be painted over, if necessary. Commissioner Jordan stated that she is concerned that this would be setting precedence. She is concerned about graffiti on the sign, and how this is handled and thinks that the sign is too big. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 11 of 15 Mr. Kingston stated that since they have painted the sign and have made upgrades to the back of the building, there has been no graffiti, and if there is graffiti, he has made sure that it is removed immediately. Vice-Chairman Mendoza indicated that the building does look a lot better since it has been painted. Mr. Kingston stated that the best advertising strategy to generate business for the Casino is a reader board to view when driving on the freeway but indicated that the City's Sign Ordinance does not allow this and the City will not allow him to redo the sign without a special variance. Commissioner Morsch indicated that the Commission would like to assist in promoting his business but if the decision is not to approve the variance, it does not necessarily mean that they would not entertain this idea in the future. He also stated that he would prefer an information board in the future then what Mr. Kingston is presenting. Chairman Gonzales asked Public Works Director Seumalo when Malaga Road is widened, will it affect this building. Public Works Director Seumalo indicated that it would not affect the building and stated that it will be the freeway that widens. Chairman Gonzales indicated that he has very rarely seen graffiti on murals and signs at high schools and would like to see murals on more buildings and would like to see the sign/mural stay. Passed and adopted the following Resolution: "Resolution No. 2010-35 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Variance No. 2010-01 to vary from maximum sign area provisions in association with a wall mounted freeway oriented sign for the Lake Elsinore Hotel and Casino. MOTION was made by Commissioner O'Neal, and seconded by Chairman Gonzales to approve Variance No. 2010-01 to vary from maximum sign area provisions in association with a wall mounted freeway oriented sign for the Lake Elsinore Hotel and Casino. AYES: Gonzales, O'Neal NOES: Vice-Chairman Mendoza, Commissioner Jordan, Commissioner Morsch ABSENT: None Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 12 of 15 BUSINESS ITEMS (6) Amendment and Restating Chapter 15.64 of the Lake Elsinore Municipal Code regarding Flood Damage Prevention Recommendation: a. Provide staff with comments by July 6, 2010 meeting; and b. Receive and file draft ordinance. Public Works Director Seumalo stated that the purpose of this item was for staff to receive Planning Commission comments on the proposed amendments to Section 15.64 of the Lake Elsinore Municipal Code related to flood damage prevention and provided an overview of the Staff Report. Chairman Gonzales indicated that during the 1980 floods, Lakepoint (Mobile Home Park) got flooded and most of the residents did not relocate their mobile homes until the City declared the area a disaster area. He noted that the City moved very slowly in making the decision to declare the area a disaster. He wanted to know if the Code would affect this. Public Works Director Seumalo indicated that this Code does not affect existing buildings, nor would it affect buildings that are already approved with set elevation, and stated that it only affects new buildings. Commissioner O'Neal asked if this changes the elevation requirement from 1269. Public Works Director Seumalo stated no, and explained that currently, the flood elevations vary around the City and the requirement is for the finished floor to be at the elevation and the City is requiring it to be two (2) feet above (the 100 yr flood elevation) and does not affect the elevation around the lake which is 1267. Commissioner O'Neal asked how this affects the Summerly project. Public Works Director Seumalo indicated that the Summerly project was grandfathered in even though construction hasn't commenced. Commissioner O'Neal asked if this could be revisited and move the elevation as higher. Public Works Director Seumalo indicated this cannot be revisited under this proposed ordinance change. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 13 of 15 Vice-Chairman Mendoza asked if this Ordinance change has to do with the General Plan Update. Public Works Director Seumalo indicated that this specifically has to do with the City's participation regarding the Flood Insurance Program and for every change, the City is consistent with FEMA regulations and the two (2) foot freeboard, it earns the City points and for ever 500 accumulated points, it reduces the residents who are required to have flood insurance by five (5) percent. Commissioner Morsch noted that it also qualifies the City for certain grants and asked Mr. Seumalo how much the City received in grants in the last fiscal year and how much the City is applying for. Public Works Director Seumalo stated that the City did not receive funding related to flood grants and indicated that none were made available other than natural disasters such as the storm grants. Commissioner Jordan indicated that as she was reading through the Ordinance, under Section 15.64.420 page 18 D, where it states notification of other agencies, asked why Army Corp, Department of fish and Game, US Fish and Wildlife, and Regional Water Quality Board are not included as notification. Public Works Director Seumalo indicated that the reason they are not included as notification is that this ordinance specifically applies to flood. Commissioner Jordan also noticed in several places in the Ordinance that it states "lowest floor', instead of "finished floor elevation" and requested clarification of what was stated in the Ordinance. Public Works Director Seumalo stated that the reason it states "lowest floor" is to be consistent with FEMA's language and includes the "garage floor", not just "living space floor". Commissioner O'Neal indicated that this is a good program, particularly for people who are buying insurance in the area. STAFF COMMENTS Public Works Director Seumalo indicated that Public Works has been receiving a lot of questions regarding the timing of the signal light located at the intersection of Lakeshore Drive and Riverside Drive and stated that it is being worked on. He also indicated that in answer to Commissioner O'Neal's question, staff is applying for a Tiger Grant for the signalization and widening of Gunnerson and Riverside Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 14 of 15 Drive. He also congratulated the new Chairman, Vice-Chairman, and the new Commissioners. Senior Planner Harris congratulated the new Chairman, Vice-Chairman, and the new Commissioners. Office Specialist Porche' had no comments. City Manager Brady congratulated the new Chairman, Vice-Chairman and Commissioners. He indicated that the City is offering training to the new Commissioner's and asked if the rest of the Commission would also like a refresher course included with the training course. Commissioner O'Neal asked if it would be appropriate to meet with the City Council members during the training/refresher course to discuss the philosophy of what they would like to see. City Manager Brady indicated that it is a good idea to meet with the Council members regarding their expectations but suggested separating the two (2) meetings. City Attorney Leibold indicated that the training would entail guidelines regarding the Brown Act, the Political Reform Act, Disclosure and Conflicts Analysis, Meeting Protocol, Procedural Issues, and Communication with Staff and asked if the Commission would like the presentation as a refresher course and to include the training. The Commission agreed to combine the Training Class and Refresher Course on July 20`n City Manager Brady indicated that they would cancel the July 20`n Planning Commission meeting but have the Refresher Course/Study Session on that day. CITY ATTORNEY COMMENTS City Attorney Leibold congratulated the new Commissioners and the new Officers and indicated that she looks forward to a successful and busy term. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal welcomed the new Commissioners and stated they both will be a good contribution to the Planning Commission. Commissioner Jordan looks forward to her service on the Planning Commission, and working with everyone and thanked everyone for their kind words. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 6, 2010 Page 15 of 15 Commissioner Morsch thanked everyone for the opportunity to serve as Planning Commissioner for the City and looks forward to the next four (4) years. Commissioner Mendoza congratulated the two (2) new members of the Planning Commission, thanked staff for all of their work, and congratulated the new Chairman. Chairman Gonzales congratulated the new Commissioners and the new Vice- Chairman. He also thanked everyone for their confidence in voting him Chairman. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:55 p.m. The City of Lake Elsinore Planning Commission Refresher Course/Study Session is scheduled for Tuesday, July 20, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ohn Gonzales Chairman Respectfully Submitted, Kristine Herrington Office Specialist Attest: