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HomeMy WebLinkAbout04-19-2011 NAHPage 1 of 10 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES APRIL 19, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, April 19, 2011, to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman John Gonzales, Commissioner Shelly Jordan, Commissioner Rick Morsch, Commissioner Michael O'Neal ABSENT: Vice Chairman Phil Mendoza Also present: City Manager Robert Brady, City Attorney Barbara Leibold Staff members present included: Associate Planner Agustin Resendiz, Planning Consultant Kirt Coury, Public Works Director Ken Seumalo, and Office Specialist Kristine Herrington. CALL TO ORDER (6:00 p.m.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Jordan. ROLL CALL Present: Chairman Gonzales Commissioner Jordan Commissioner Morsch Commissioner O'Neal Absent: Vice Chairman Mendoza PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 2 of 10 CONSENT CALENDAR ITEM(S) None. PUBLIC HEARING ITEM(S) 1) Variance No. 2011 -01• A request for a Variance to deviate from the Lake Elsinore Municipal Code and the Canyon Creek "Summerhill" Commercial Center Sign Program, related to the maximum sign height for the existing Holiday Inn Express Hotel Facility located at 31577 Canyon Estates Drive Recommendation: Adopt a resolution approving Variance No. 2011 -01 to permit the existing sign to exceed the maximum sign height, based on the Findings, Exhibits, and proposed Conditions of Approval. City Manager Brady gave an overview of the project and asked Associate Planner Resendiz to review with the Planning Commission and answer any questions they may have. Associate Planner Resendiz provided an overview of the project. PLANNING COMMISSION COMMENTS The Applicant, Sachin Trivedi introduced himself to the Commission. Chairman Gonzales stated that he went by to look at the sign and said that he wished that it was closer to the Canyon Hills Estates Road. Commissioner Jordan asked Mr. Trivedi why he did not apply for the Variance before he put the sign up. Mr. Trivedi indicated that it was a mistake. Commissioner Jordan requested that in Condition No. 6, correction of the wording to state "Holiday Inn" instead of "Shopping Centel". Associate Planner Resendiz indicated that he would revise. Commissioner Morsch asked Mr. Trivedi if he made any efforts to gain a sign easement from the property owners that are on Canyon Hills Drive for a monument sign on the street and indicated that this would give the businesses more advertisement. Mr. Trivedi indicated that he has discussed this with the property owners and if the Commission granted him this, he would apply for a Variance. He also stated that he has spoken to the Association regarding the big freeway monument sign and would be coming back to the Planning Commission regarding taking down the Summerhill Commercial Center Sing. He will replace Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 3 of 10 the Summerhill Commercial Center sign with the Holiday Inn Express Sign which the Association members granted. Commissioner Morsch asked Public Works Director Seumalo where the property line is in relation to the sidewalk. Public Works Director Seumalo indicated that he would follow up with Commissioner Morsch with the information. Mr. Trivedi indicated that he would work with staff regarding the easements and location of the monument sign. Commissioner O'Neal asked Mr. Trivedi how long the fifteen foot (15') sign has existed. Mr. Trivedi indicated that it was installed on February 23, 2011. Commissioner O'Neal also asked Mr. Trivedi when he applied for this. Mr. Trivedi indicated that Code Enforcement notified him that he had to apply for a Variance which he did immediately. Commissioner O'Neal indicated to Mr. Trivedi that he would approve the Variance but stressed that Mr. Trivedi needs to follow the codes of Lake Elsinore. Passed and adopted the following Resolution: "Resolution No. 2011 -08 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Variance No. 2011 -01 to vary from the maximum sign height provisions in association with a free monument standing sign for the Holiday Inn Express Hotel. MOTION was made by Commissioner Jordan and seconded by Commissioner Morsch approving Variance No. 2011 -01 to vary from the maximum sign height provisions in association with a free monument standing sign for the Holiday Inn Express Hotel. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: Vice Chairman Mendoza ABSTAIN: None 2) Conditional Use Permit No. 2010 -06 and Minor Design Review for the Design of a Wireless Mono -Light Pole Cellular Tower Recommendation: It is recommended that the Planning Commission adopt a resolution approving Conditional Use Permit No. 2010 -06 and a resolution approving a Minor Design Review for the design of a Wireless Mono -Light Pole Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 4 of 10 Cellular Tower. This recommendation is based on the Findings, Exhibits and Conditions of Approval attached to the Staff Report, City Manager Brady provided an overview of the project and asked Planning Consultant Coury to review the Staff Report with the Commission and answer any questions they may have. Planning Consultant Coury provided an overview of the project. He noted that he did receive one (1) e-mail from a resident that expressed some concern about the transmission lines. He pointed out to the Commission that these types of structures are regulated by the FCC and has to meet guidelines. He noted that the City has limited jurisdiction on providing this so no additional studies were required as they are not handled through the City but are handled federally through the FCC. He indicated that staff has reviewed and conditioned accordingly and recommended approval of the project. The applicant, Barbara Saito of T- Mobile gave her name and address. She indicated that she did not have a lot to add to Mr. Coury's presentation. She noted that Mr. Coury did indicate to her that he received the e-mail which was discussed previously. She stated that she did provide site information that shows that they do meet the FCC guidelines and requirements. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal indicated that the project looks appropriate for where it is located and stated for the record that the person that sent the e-mail to Mr. Coury was Mr. Robert Harford. Commissioner Jordan asked for clarification of Condition No. 17 of the Conditions of Approval. Public Works Director Seumalo clarified Condition No. 17. Commissioner Morsch indicated that he understood that T- Mobile is leasing the Facility from the City and asked if there were Conditions with the Lease Agreement that might influence the Commission's decision and Conditions that the Commission should be looking at due to various issues of possible concern. Associate Planner Coury indicated that there is not an existing Lease Agreement and noted that they are working out the details, and waiting for the final approval of the project before they have the final agreement. City Attorney Leibold indicated that typically, the Lease Agreement is completed once the entitlements are completed. Therefore, there is not an existing Lease Agreement on this site. Commissioner Morsch asked how the Commission can make an evaluation of this project if they do not know what all of the Conditions are from Engineering, and in terms of an Agreement between the applicant and the City. He asked if the Commission has input regarding this. City Attorney Leibold indicated that the Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 5 of 10 role of the Planning Commission is with respect to the use, the design, and the Conditions of Approval, etc. which typically does not go to the Planning Commission but goes to City Council. Commissioner Morsch asked if the City runs the park now because the last title search that he ran, was owned by TT Group. City Manager Brady stated that when Tuscany Hills was developed, the ownership of the park was never turned over to the City and they are currently working through this to get it resolved. Commissioner Morsch indicated that he is concerned about emissions and knows that there is maintenance on these facilities and wanted to know if there is testing that goes along with the maintenance to make sure that there are no stray emissions from this site(s). Ms. Saito indicated that they, do have maintenance engineers check the Facility monthly to make sure that everything is functioning properly. She stated that the equipment associated with this facility can not produce the level of emissions that would reach that level of concern. Commissioner Morsch asked what the range is on a typical Cellular site. Ms. Saito indicated that every carrier range is different, based on their frequencies. Commissioner Morsch indicated that his concern is the school that is near the site and there are about eight hundred (800) to nine hundred (900) kids that could be very susceptible to this. Ms. Saito indicated that the reason that they are putting the site there is because it is a residential area, and there are a lot of people that want to reach their children if there was an emergency. She noted that 50% of people are getting rid of their landlines and rely solely on their cell phones and need coverage in these areas. Commissioner Morsh indicated that the American Cancer Society suggests that if there are concerns, periodic testing is done at the sites. He asked Ms. Saito if any of their sites have testing involved with relation to emissions. Ms. Saito indicated that there are some jurisdictions, through their code, that require testing on an annual basis. However, she noted that none of the cell sites that have had tests done have failed. Commissioner Morsch requested adding an additional Condition to the Conditions of Approval to require an annual test because of the fact that there is a school at the location of the cellular site. Ms. Saito indicated that she will need some parameters for that test and noted that the paperwork that she has submitted shows that by following the FCC guidelines, this facility is categorically exempt. She also indicated that she is concerned because if the Commission has not required this testing of other carriers, this puts an additional burden on T- Mobile. Commissioner Morsch indicated that he was not on the Planning Commission prior to other applications for carriers. Commissioner O'Neal indicated that the FCC does not allow the testing that Commissioner Morsch is suggesting and noted that the FCC regulates what happens in the air wave, not the City. Therefore, he is not certain that Commissioner Morsch can add this condition to the Conditions of Approval. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 6 of 10 Chairman Gonzales indicated that the Commission never required other applicants to do this testing. Commissioner Jordan had no comments. Chairman Gonzales indicated that the FCC should handle this. Commissioner Morsch stated that he spent many years in communications and know that there are hazards associated with this and feels that it is warranted, although he stated that he would not hold up the project if the other Commissioners think it is a mute point. He stated, if there are maintenance people checking the systems, monthly, to make sure that they are in proper order this can preclude any testing. Ms. Saito indicated that the engineer comes in on a monthly basis and keeps it functional which would not breach the level of emissions and indicated that they do have to continually file with the FCC that they are in compliance with the FCC guidelines. Passed and adopted the following Resolution: "Resolution No. 2011 -09 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2010 -06. MOTION was made by Commissioner O'Neal and seconded by Commissioner Jordan to approve Conditional Use Permit No. 2010 -06. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: Vice Chairman Mendoza ABSTAIN: None Passed and adopted the following Resolution: "Resolution No. 2011 -10 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Minor Design Review for the T- Mobile Telecommunications Facility at the Tuscany Hills Park. MOTION was made by Commissioner Jordan and seconded by Commissioner O'Neal to approve Minor Design Review for the T- Mobile Telecommunications Facility at the Tuscany Hills Park. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 7 of 10 ABSENT: Vice Chairman Mendoza ABSTAIN: None 2) Conditional Use Permit No. 2010 -09 and a Minor Design Review for the Design of a Wireless Monopine Cellular Tower Recommendation It is recommended that the Planning Commission adopt a resolution approving Conditional Use Permit No. 2010 -09 and a resolution approving a Minor Design Review for the design of a Wireless Monopine Cellular Tower. This recommendation is based on the Findings, Exhibits and Conditions of Approval attached to the Staff Report. City Manager Brady provided an overview of the project and asked Planning Consultant Coury to review the Staff Report with the Planning Commission and answer any questions they may have. Planning Consultant Coury provided an overview of the project. Chairman Gonzales asked Mr. Coury if the applicant signed the Acknowledgment of "Draft" Conditions of Approval. Planning Consultant Coury did receive it and apologized for not including it in the report. L*0Pl_ *111it41PW The applicant, Marc Myers of Derra Design, representing AT &T Mobility indicated that they are proposing the installation of the stealth wireless facility and explained the design of the stealth monopine and the location of the wireless facility. He stated that they agree with the Conditions of Approval. PLANNING COMMISSION COMMENTS Commissioner Morsch asked Mr. Myers if it was possible to make the wireless facilities look more like trees. Mr. Myers stated that great lengths have come with the progress and providing them to look more stealth and discussed how they are being made to look like they blend into the pine needles located there. Commissioner Jordan asked Mr. Myers if they were planning on doing any grading to put the pre - fabricated building there. Mr. Myers said very minimal if any because the top of the site is flat so it is not necessary. Commissioner Jordan asked why there are no pre- fabrications or elevations of the building and the building is not shown on the picture. Mr. Myers indicated that they felt as though the location for the closest sensitive receptor was where the photos were taken from and at this distance, it is not visible. They also have it finished with an Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 8 of 10 aggregate concrete finish and painted dark brown which blends in with the natural landscape. Commissioner Jordan asked Mr. Myers if anyone will be able to see the building from the 15 Freeway. Mr. Myers indicated possibly, but with the design it will hopefully disappear into the setting of the background. Commissioner Jordan suggested revising Condition No. 20 and Condition No. 21 be clarified. Public Works Director Seumalo indicated that he would revise. Commissioner O'Neal asked Mr. Myers if AT &T Mobility uses any other designs for cellular towers, other than monopines. Mr. Myers indicated yes and stated that there are various designs that they try to fit into settings. Passed and adopted the following Resolution: "Resolution No. 2011 -11 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2010 -09 with changes that the Commission proposed. MOTION was made by Commissioner Morsch and seconded by Commissioner Jordan to approve Conditional Use Permit No. 2010 -09 with changes that the Commission proposed. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: Vice Chairman Mendoza ABSTAIN: None Passed and adopted the following Resolution: "Resolution No. 2011 -12 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving a Minor Design Review for the AT &T Mobility Telecommunications Facility at 28555 Cielito Drive. MOTION was made by Commissioner Jordan and seconded by Commissioner Morsch to approve a Minor Design Review for the AT&T Mobility Telecommunications Facility at 28555 Cielito Drive. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 9 of 10 ABSENT: Vice Chairman Mendoza ABSTAIN: None BUSINESS ITEMS None. PLANNING COMMISSION'S COMMENTS Chairman Gonzales asked Public Works Director Seumalo if he looked at the property next door to his property where the water is flooding the residents yard and said that he noticed sandbags were placed there. Public Works Director Seumalo stated that he spoke to the resident of the property and addressed these issues. STAFF'S COMMENTS Planning Consultant Coury had no comments. Planning Associate Resendiz had no comments. Office Specialist Herrington had no comments. City Manager Brady indicated that the City's Spring Festival and Egg Hunt will be on Saturday, April 23, 2011 at 10:00 am located at McVicker Park. COMMISSIONER'S COMMENTS Commissioner Morsch asked City Attorney Leibold for clarification of Eminent Domain of habitat and City Attorney Leibold explained. Commissioner Jordan had no comments. Commissioner O'Neal recommended that staff hold firm regarding metal buildings that the Storm Baseball Team wants to erect and noted that Walgreens has spent a lot of money on the design in that area. He also encouraged staff that the City should maintain local control regarding the regulation of the mining. City Manager Brady indicated that staff firmly believes in local control as well, and this is the position that the City is taking. The City will make every effort possible to maintain the local control with regards to the regulation of the mining. Public Works Director Seumalo indicated that staff has met with all of the mining operators, as well as with the Executive Official of the Mining Board regarding maintaining local control as the Lead Agency. City Attorney Leibold indicated that a Hearing regarding the mining issue is set for May 12, 2011, at the Cultural Center at 9:00 am. She also stated that it would be helpful to have testimony Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 10 of 10 from the public encouraging the Board to step back and defer to the City and their jurisdiction. Commissioner O'Neal stated that it is not a good idea to send positions such as the Attorney's office positions out to bid due to various legal issues that are complex and require a certain level of experience in order to answer complex questions. CITY ATTORNEY'S COMMENTS City Attorney Leibold had no comments. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:11 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, May 3, 2011, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. hn Gonzales hairman Respectfully Submitted, Kristine Herrington Office Specialist Attest: obert A. Brad City Manager