Loading...
HomeMy WebLinkAbout05-03-2011 NAHPage 1 of 11 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MAY 3, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, May 3, 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: Project 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 May 3, 2011 Page 2 of 11 CONSENT CALENDAR ITEMS) (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • March 1, 2011 MOTION was made by Commissioner O'Neal and seconded by Commissioner Jordan to approve the Planning Commission Minutes of March 1, 2011. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: Vice Chairman Mendoza ABSTAIN: None PUBLIC HEARING ITEM(S) 2) Commercial Design Review No 2011 -01 • A request to establish and operate a 5,065 square foot Pharmacv and Medical Office Facility located at 16746 Lakeshore Drive Recommendation: Continuance City Manager Brady indicated that it was staffs recommendation that this item be continued to the meeting of May 17, 2011. Commissioner O'Neal asked when this was submitted to the City. Project Planner Resendiz stated that this was submitted approximatel three "A ) th 22 . y mon s MOTION was made by Commissioner Jordan and seconded by Commissioner O'Neal to continue Commercial Design Review No. 2011 -01; A request to establish and operate a 5,065 square foot Pharmacy and Medical Office Facility located at 16746 Lakeshore Drive to May 17, 2011. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 3 of 11 ABSENT: Vice Chairman Mendoza ABSTAIN: None 2) Tentative Parcel Map No. 36304; A request to subdivide an existing 3.17 acre site into three (3) parcels within the Residential Single Family (RSF) District of the Tuscany Hills Specific Plan City Manager Brady stated that this item was previously before the Commission for consideration and asked Planning Consultant Kirt Coury to review it with the Commission and answer any questions. Planning Consultant Coury stated that this is a continued item. It was originally heard by the Planning Commission at the March 1, 2011, meeting. He provided an overview of the project and noted that there were a few items that raised some concerns for the Commission which included parcel map corrections. Also, there was a concern about shared drive -way and access for the parcels as well as lot compatibility. He stated that the applicant re- submitted the map with associated corrections. Chairman Gonzales asked if there was a signed Acknowledgment of "Draft" Conditions of Approval. Planning Consultant Coury indicated no and City Attorney Leibold indicated that they can get a verbal representation during the testimony. REQUEST TO SPEAK Raymond Holts indicated that he owns the adjacent property at 5 Via Del Lago and indicated that he and his wife oppose the subdivision. They believe that it will significantly impact the values of neighboring properties. He stated that when he noticed the grading behind his house, he wasn't notified of any construction; so he went to City Hall and staff assured him that there was no building going on, other than mother -in -law quarters. Therefore, he wanted to know when the permits were pulled and when the engineers found out that it was possible to put additional lots there to subdivide. City Manager Brady indicated that the homeowner is permitted to get a grading permit and grade properties. However, at that time, there wasn't a request to subdivide that property. Commissioner Jordan asked if Mr. Holts is Mr. Pinnow's next door neighbor and Mr. Holts stated that he lives below him. Mr. Noble Tucker, MAI, SRA Appraiser indicated that he conducted a study; which was submitted to the Planning Division that concluded that the premium lot split into three parcels. In his opinion, it would not encourage other homeowners in the Tuscany Hills Estates to consider splitting their lots and wouldn't cause a basic change in the character of this area. Commissioner Jordan asked Mr. Tucker how he made this conclusion. Mr. Tucker indicated that it is not economically feasible for people to do and stated Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 4 of 11 that he has researched every sale in this area. He noted that all of the detailed information is included in his report. Commissioner Morsch questioned Mr. Tucker's opinion regarding how he reached this conclusion. Mr. Tucker indicated that he has been an appraiser for twenty seven (27) years. He also noted that Mr. Pinnows request to subdivide is within the Specific Plan guidelines and is a legally permissible use and financially feasible. Commissioner O'Neal asked Mr. Tucker if he lives in Tuscany Hills. Mr. Tucker indicated that he does not live there. Commissioner O'Neal asked Mr. Tucker if Mr. Pinnow hired him to do this job. Mr. Tucker indicated yes. Mr. Roy Singleton, 8 Via Del Lago, indicated that he is across the street and adjacent to Mr. Pinnows property. He discussed the extension of Via Del Lago Road, and also stated he bought his property with the idea that he had an "Estate Lot ". He also indicated that when property values go up, he would like to sell this as an "Estate Lot ", not as a subdivision of three (3) or four (4) homes on this property. Commissioner Jordan indicated that she appreciated clarification of the extension of Via Del Lago. Commissioner Morsch asked Mr. Singleton if he was going to subdivide his property. Mr. Singleton indicated no. Commissioner O'Neal asked Planning Consultant Coury if the Specific Plan states that the lots can be split into 5,000 square foot lots. Mr. Coury indicated that the Development Standards within the Specific Plan states "allow for a minimum of 5,000 square foot lot with an average of 5,500 square feet ". Mr. Tom Jacobson, Attorney for Mr. Pinnow indicated that this project meets the requirements of the Specific Plan and referred to Code 16.20.020 regarding proper protection of the public and stated that there has been no issues raised by any of the homeowners that there is a public health issue. He also indicated that it meets the consistency with the general pattern, and the property values will not be affected. He is following the guidelines of state law. He asked that the Commission be objective with regards to these issues and approve Mr. Pinnows request. Mr. Don Porter, indicated that he attended the March 1, 2011, Planning Commission meeting. He stated that it was wrong that one of the Commissioners discussed the de- annexation and requested that the Commission focus on the Tuscany Hills Specific Plan. He stated that he supports Mr. Pinnow subdividing his lots and encourages the Planning Commission to approve Mr. Pinnow's request. Ms. Diane Smith, 3 Via Del Lago stated that she is an attorney but doesn't practice Administrative Law and indicated that she did some research on the lot split, referring to Code 16.20.020 and vicinity and referenced Municipal Code 17.76.060 which covers lot area. She indicated her interpretation of the codes but requested that the City Attorney clarify the definition of these codes. City Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 5 of 11 Attorney Leibold indicated that any reference to Chapter 17, which is the general zoning ordinance for the City, is inapplicable to these properties because they are governed by the Tuscany Hills Specific Plan. Also, Ms. Leibold clarified the Municipal Codes. Ms. Smith commented that she bought these lots with the idea that they were "Estate Lots" and was told that they weren't going to be divided and believes that if Mr. Pinnow splits the lots into three (3) separate lots, it will diminish the values of the surrounding properties and will create a floodgate of people dividing up their property. Mr. Kevin Campion, spoke about the extension of Via Del Lago Road that was done by Curtis Development. He indicated that he had two (2) brochures which he distributed to the City Manager regarding the Canyon Lake Hills Specific Plan dated 1990; RTC and Rancon represented and referenced lots in the area as "Estate Lots ". He stated that he believes that the City had so much to deal with then, they didn't put these into the Tuscany Hills Specific Plan. Mr. Brady is aware of these brochures and should have spoken to the residents about them. Mr. Campion believes that Mr. Pinnow presented a false presentation to the City and believes his grading plan should be revoked. Chairman Gonzales asked Mr. Campion if the brochures give the specific size of the "Estate Lots". Mr. Campion indicated that in the brochures that he provided, it states a variable size (1.18 to 5.25 acres). Another issue he had was regarding the burrowing owl and indicated that he believes that Mr. Pinnow got away with grading a piece of property with habitat on it. Commissioner O'Neal indicated that in the brochure that Mr. Campion handed out describes twenty four (24) "Estate Lots" and mentioned that with the addition of the subdivision, it would no longer be twenty four (24) "Estate Lots." Mr. Campion indicated that this was correct; it will be more than twenty four (24) "Estate Lots" and added that it states 57.8 acres. Commissioner Jordan asked Mr. Campion how this would negatively impact him. Mr. Campion said that it wouldn't negatively impact him but he believed that Mr. Pinnow deceived the City and is not doing the right thing. Ms. Janis Campion, the wife of Mr. Campion stated that in addition to what her husband said, her main concern was Municipal Code 16.20.020, which states that the lot must be compatible with the other lots in the area and any lot that is going to be changed has to be at least 75% of the adjacent property. If Mr. Pinnow is allowed to subdivide his property into three (3) lots, each of the three (3) lots will be far less than 75% of the adjacent property. She said he is trying to change an original lot which is a big difference in establishing whether it needs to meet that 75% criteria. Christopher Pinnow, the engineer that drafted up the plans for this project stated that he has heard a lot of concern about this lot being split into three (3) lots and Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 6 of 11 it will open the floodgates to everyone in that location to split their lots. He commented that as an engineer licensed in the State of California, he has looked at the neighborhood and the lot sizes are various sized and are called "Estates" and "Estates" are one (1) acre or larger but the houses that are there, are very similar. He noted that it has to be recognized that the difference between what is perceived to be an "Estate Lot" and what actually is. He said that if someone else wants to split their lot, they could do that but it will take great expense and time and effort to do it and most likely won't be worth it. He also addressed another issue that was raised regarding the extension of the road by Curtis Development. He addressed the privacy issue of the other neighbors if the lot is split, and indicated that privacy has never been guaranteed by any property. He thinks this plan has been thought out well and the Planning Department has concurred that it meets all of the requirements and should be approved. Commissioner O'Neal asked Mr. Pinnow if it concerned him that the neighbors don't want this project. Mr. Pinnow indicated that it does concern him. that several don't; however, several do and are okay with it. He suggested regarding the privacy issue to put a fence up, and they would be willing to negotiate something like that. Commissioner Morsch discussed the extension of Via Del Lago Road by Curtis Development and stated that according to information that he gathered, there is no connection between the extension of the street and the re- subdivision or the potential re- subdivision that Curtis would have done on that property had it been done prior to the de- annexation. Mr. Pinnow agreed. Mr. John Porter indicated that he has heard his name throughout the meeting regarding subdividing his property and stated that he has no intension of subdividing his property which is 1.1 acres of land. He stated that in the future, he would like to attach a new garage to his home but he hasn't submitted any plans to the City for an additional garage, and doesn't know where people heard that he was going to subdivide, because he is not. Ms. Donna Holts, 5 Via Del Lago, indicated that she spoke at the last meeting and still agrees with her statements at that time. She indicated that in her perspective, the comment that Mr. Pinnow's attorney made is incorrect. She stated that the way her house is situated and the way they built their backyard with a pool, if he builds the property; it is on a hillside directly overlooking her property. Her property is currently worth a certain amount of money and if she tries to sell it, and there is a house there, her property will definitely be worth less. Mr. Doug Pinnow stated that he is the property owner that is requesting the lot split and indicated that he heard a number of comments slanted towards a legitimate appraisal. He noted that possibly of an appraisal being done by a neutral party would have been more appropriate but there was no mechanism to Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 7 of 11 pay for it. He stated that his intension from the beginning was to not only put in the tennis courts and sports courts but to split the lots and was advised to split them as soon as he can. His real intension which he indicated that he made clear to his neighbors before they annexed from the HOA was that he would like to build a new house for himself on Parcel 2 because it has a far more superior view of Canyon Lake. He said he doesn't intend on taking the money and leaving, he intends on staying in the community. He stated he spoke to Tom Weiner who was the Community Development Director at the time about the lot split before there was any machinery there to move so that everyone knew what he was going to do, including his neighbor, Mr. Porter. Mr. Pinnow stated that regarding the submission of a preliminary and having all of the City Planners and Engineering staff look it over and indicated that he thinks that the City Planner did a good job because even though the Tuscany Hills Specific Plan allows for the 5,000 acre lot sizes, the Engineering and Planning staff said try and stay above an acre in size. He took that advice because he was guided by the City to do this. Therefore he had an incredible opportunity when the street was extended by Curtis Development because without that extra 100 feet of frontage, he wouldn't have had the opportunity to make the lot split. PLANNING COMMISSION COMMENTS Commissioner Jordan indicated that she had done a lot of research on this and looked at all of the lots in that area, the Specific Plan, and the City Code. She indicated that her main concern and issue is the shared driveway and the consistency with the new lots with the surrounding lots. She said that in looking at all of the other lots, Mr. Pinnows is the 4"' largest and when he splits those up, he is going to have the three (3) smallest lots in the entire subdivision. Another concern she has is that most of his neighbors are not in approval of this and they feel that it is going to affect their property value. By approving the lot split of three (3), it would encourage the other property owners to do the same. She is in approval of a two (2) lot split. Mr. Pinnow addressed Ms. Jordan's comment that most of his neighbors are not in favor of this. He indicated that one (1) of his neighbors (Jack Bird) that was prepared to come to the Commission in support, is seriously ill and unable to attend. However, he can provide a statement to the Commission regarding this. The other person is a neighbor that he explicitly asked not to attend because he didn't want things to get volatile. She is politically active (Connie Soto). He also noted to Commissioner Jordan that shared driveways are all over Tuscany Hills and four (4) homes that are served by shared driveways are in Tuscany Hills Estates. He indicated that he has had discussions with his attorney for possibly making another Condition that would go along with the lot split that would reduce her concerns about the shared driveway issue. He stated that when the continuation of the project went on, he corresponded with Mr. Coury because Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 8 of 11 there was a criticism made at the first hearing that there were very few people notified because of the 300 foot radius of notification was narrow and didn't include all of his neighbors. He suggested to Mr. Coury that he extend the distribution to all of the members of Tuscany Hills Estates. Commissioner Jordan indicated that at the last Planning Commission meeting, all of the Commissioners unanimously suggested that Mr. Pinnow go to two (2) parcels. Mr. Pinnow stated that he didn't disregard their suggestion. He thought that once the Commission, representing the City, reviewed the material, would realize that there is a huge potential liability issue if the Commission is going in a different direction from the advice that comes from the City's Planners. He noted that a homeowner is stuck in the middle; he followed all the rules and got it documented and approved. Also, the attorney stated that one (1) acre and above is considered "Estate Lots ". Also, the City of Lake Elsinore's Code states specifically about "Estate Lots" and the minimum size for Estate Lots is zoned RE for Residential Estate is'' /z acre, noting, even if it is not a part of the Tuscany Hills Specific Plan. Chris Pinnow indicated that he took Mr. Morsh's suggestion and did take a look at the plan to accommodate the Commission's request with two (2) pads. It was very difficult at its present state to do this, and would not be advantageous to his dad. Commissioner Morsch reiterated to Mr. Pinnow that they did know that they would take the risk of not getting approval because the Commission did make it very clear that they wanted a two (2) lot split. Mr. Pinnow indicated that he did take the two (2) lot split very seriously but it was not feasible at this time to get a plan together to change that. Commissioner Morsch indicated that he disagrees with Mr. Pinnow and believes that it is a very simple matter at making it into two (2) lots. He stated that he reviewed the Tuscany Hills Specific Plan and also the Conditions of Approval for the original tract map and didn't see any reference to these properties as "Estate Lots ". He indicated that splitting the lots in three (3) would devalue the neighboring properties. He addressed the common driveway issue and indicated that the City has nothing in the Municipal Code that deals with common driveways, and indicated that there are well known problems with shared driveways. He noted in the Specific Plan, it states "It is the intent of the Tuscany Hills project to be varied in character yet provides complimentary uses to existing and proposed project compounds ", and believes that the intent of the Specific Plan was to create an environment that has some variation to it. He agrees with Commissioner Jordan for a two (2) lot split, which would be compatible with Mr. Pinnow's neighbors and mimic the open space. He stated that he cannot endorse the three (3) lot subdivision. Commissioner O'Neal discussed private property rights. He indicated that this item will go directly to City Council and ultimately they can make a legal decision and the Planning Commission makes a recommendation. He stated that he Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 9 of 11 would approve a two (2) lot split. He clarified his question regarding the appraisal, specifically to be on record, as to who was paying for the appraisal. He wanted to extend any apologies to Mr. Porter, if he in any way offended him. Chairman Gonzales indicated that he thinks that the three (3) lot split would decrease the overall value but would approve a two (2) lot split. Also, he stated that he is opposed to the common driveway and indicated that he has seen some serious problems with it. Passed and adopted the following Resolution: "Resolution No. 2011 -13 — 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 rindings that the project known as Tentative Parcel Map No. 36304 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan. MOTION was made by Commissioner Morsch and seconded by Commissioner Jordan recommending to the City Council of the City of Lake Elsinore, adoption of findings that the project known as Tentative Parcel Map No. 36304 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch NOES: Commissioner O'Neal ABSENT: Vice Chairman Mendoza ABSTAIN: None Disapproved of the following Resolution: "Resolution No. 2011 -14 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore, approval of Tentative Parcel Map No. 36304 located at 7 Via Del Lago. MOTION was made by Commissioner Morsch and seconded by Commissioner Jordan recommending to the City Council of the City of Lake Elsinore disapproval of Tentative Parcel Map No. 36304 located at 7 Via Del Lago. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 10 of 11 NOES: Commissioner O'Neal ABSENT: Vice Chairman Mendoza ABSTAIN: None Chairman Gonzales noted that this item will go straight to City Council and asked when this item would be presented to them. He noted that Mr. Pinnow will be noticed as to when this item will be going to City Council. BUSINESS ITEMS None. STAFF COMMENTS Publics Works Director Seumalo reminded the Commission that there is a Mining meeting to be held on Thursday, May 12, 2011, at 9:30 a.m. at the Cultural Center, located at 183 North Main Street, Lake Elsinore, regarding the City's lead agency status and is encouraging everyone to attend. Planning Consultant Coury had no comments. Project Planner Resendiz had no comments. Office Specialist Herrington had no comments. City Manager Brady had no comments. CITY ATTORNEY'S COMMENTS City Attorney Leibold indicated that if anyone has questions about the Hearing on May 12, 2011, with respect to mining, she and Public Works Director Seumalo are available. COMMISSIONER'S COMMENTS Commissioner Morsch wanted to send congratulations to all of the military for getting Bin laden and it was the Navy Seals that participated in the operation. Commissioner Jordan had no comments. Commissioner O'Neal had no comments. Chairman Gonzales had no comments. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 11 of 11 ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:58 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, May 17, 2011, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. g Gon zal es Chairman Respectfully Submitted, Kristine Herrington Office Specialist Attest: robert A. Bra City Manager