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HomeMy WebLinkAboutItem No. 1Page 1 of 22 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MARCH 1, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Commission held on Tuesday, March 1, 2011, to of Cultural Center, located at 183 N. Main Street, Lake EI; PRESENT: Chairman Gonzales, Vice Jordan, Commissioner Moi ABSENT: None Also present: City Manager Brady, City Staff members present included Coury, Public Works Director Seu The n Absent: None Mendoza Jordan Morsch O'Neal Or, Jordan. Elsinore Planning it" 6:00 p.m. in the CA 92530. , Commissioner Planning Consultant Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. PC May 3, 2011 Item No. 1 Page 1 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 2 of 22 CONSENT CALENDAR ITEM(S) None. PUBLIC HEARING ITEM(S) (1) Tentative Parcel Map No. 36304: A request to subdivide an existina 3.17 acre site into three (3) parcels within the Residential Single Family (RSF) District the Tuscany Hills Specific Plan Recommendation: Adopt a resolution adopting findings that the krct is consistent with the Multiple Species Habitat Conseryation`Plan; and, Adopt a resolution recomme g to the City " ,� Council Rrc�val of T Parcel Map No. 3t gbased , i the Findingshibits and proposed Conditions of Approval, 'i3 ''. City Manager Brady provided ar Planning Consultant Coury review Planning Consultant Coury that regarding parcel old 1.17 acres and appjdgizd'd three (3) e- mai���re di; identifying issues a co Commissiorl -bal in al 0, Specific Rlari identife' as F Sing eAamily are largem there is not)t( are no other`d4 Commissioner says "Estate H of the project and requested that :ommissr91ad answer questions. ovided T g the project. He indicated states 3``� acres, fh is a typo and should state r the mist4ke. He noted that two (2) letters and buted to t e commission prior to the meeting fired to gard! J the project and stated to the ffh; there was nothing they found in the all out any different. The categories are lily and there is only one (1) Residential within the Specific Plan. Although the lots of the Tuscany Hills area, he indicated that within t77standards Specific Plan which identifies "Estate Lots" and there for that. 11 WI Indicated that the confusion comes in the title because it nd ' but isn't specified in the Specific Plan. Planning Consultant Coury indicated that Commissioner O'Neal was correct and noted that he did not have the chance to review the letter that was provided to the Commission but stated again that the Specific Plan does not recognize "Estate Lots ", it is Residential Single Family through out and the minimum lot size for Residential Single Family, according to the Specific Plan, is five thousand (5,000) square feet, but should have an average of fifty -five hundred (5,500) square feet. PC May 3, 2011 Item No. 1 Page 2 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 3 of 22 He addressed the comments regarding improper noticing; the improper Burrowing Owl Study, and the California Environment Quality Act (CEQA) issue. Commissioner O'Neal asked if the Home Owners Association (HOA) in Tuscany Hills does not apply. Planning Consultant Coury indicated that Commissioner O'Neal's statement was correct and in May of 2007 approximately twenty two (22) of the "Estate Size" lots de- annexed from the HOA. Commissioner O'Neal asked if there was construction Chairman Gonzales stated that there was Commissioner O'Neal asked that if would CEQA apply. within at the time. two (2) years, Planning Consultant Coury indicated that CE odld' not apply if iewas part of a larger subdivision in the past two (2) years 1T�Fnoted that there was not a subdivision, and stated that the 1 tq had already` n split well over ten (10) years ago. Commissioner O'Neal confirmed with r Canty t Pwo (2) years does not apply in this particular case Planning ConsultgCoury indicated that " {jis was correct. Commissioner O'Neal W;O 'At A ft exception of CEQA there is a twenty percent (2 %)� �n sloes and i 'slope is twenty percent (20 %) or greater, CEQA des app( ske°dW,`,r. Coury to confirm that he looked into this. bated that he did look into this with the City is 14.85%. Commissioner "Real ; stated that when rounding it off, it is basically fifty (50) 1 p ercent and five"' (,'percent less than what would allow falling into CEQA guidelines. Planning Consultant Coury indicated that this was correct. Vice Chairman Mendoza asked who the original owner was. Planning Consultant Coury indicated that he would check with the applicant. PC May 3, 2011 Item No. 1 Page 3 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 4 of 22 REQUEST TO SPEAK Ms. Donna Holts indicated that she and her husband Raymond Holts are the property owners at 5 Via Del Lago which is adjacent to the property in question. She distributed a statement to the Commission and wanted to touch on the concerns that they had about the project. The first being erosion problems; there currently is some debris being washed down from the front of said property and across their property when it rains. There is also some erosion on the hillside behind their backyard; due to grading that has already been done for the "Sports Courts" which are now being submitted to the City as % home sites. She �g ., indicated that they are concerned that there is alreact some erosion that is visible; this will be exacerbated if construction is continde'k. n those two (2) pads. �. The second concern has to do with the propert, a small community. There are only twenty originally marketed by the builder, they wee : view lots, with lots of open space. allowed on the said property, this would set a in that community to also subdivide which coulc community. She noted that this *as,not the oric to the original homeowners that bo bj into that Ms. Holts indicated that entire neighborhood, sp parcel #2, new residd ti indicated that the�vE been done on the hill Ms Holt s�f�eird' bd th due dlligence was i the stutly�was done that wasaeady there. Ms. Holts la� oncen stated that they dI " 't in Tuscany Hills. Hills Estates is d when it was J to be to Homes ", that if the division is ce for otherAomeowners for a higher density in that dent or the selling incentive they feel tha his q fit¢ s, er,'the property values in the eclfcally their 'In ad I regarding the building for wqd be lookirYg directly nto their backyard and so she pri y issues She also stated that since grading has jtura illside has bftfi cut away. t'" Nerd ng t Environmental Study, they don't believe in eting a fair and adequate study. This is because t were cut, which virtually destroyed any habitat as regarding input from the entire community. She due diligence was done to notify all of the homeowners Vice Chairman Mendoza asked Ms. Holts if she was an original homeowner. Ms. Holts stated yes. Mr. Ray Holts, 5 Via Del Lago, indicated that he didn't think that the original grading was done to incorporate a couple of sports courts and believes that it got "snuck" in. He also stated that he understands that the applicant has quite a bit of property in the back and has already graded it. He also doesn't PC May 3, 2011 Item No. 1 Page 4 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 5 of 22 understand the CEQA guidelines relating to subdivisions and asked for an explanation of this. Planning Consultant Coury explained the CEQA guidelines relative to subdivisions. Mr. Holts wanted to know if something more could be done to change the Tuscany Hills Specific Plan. Commissioner O'Neal requested that Mr. Coury or the City orney address Mr. Holts question regarding the Tuscany Hills Specific Plan,, Mr. Holts indicated that he received the Notice of PN Slic 46'a a few days ago and had no time to research this and this was war h�was q *oning this. City Attorney Leibold explained what a Nsc Estate Lots" in this case. Chairman Gonzales stated that the gradin also indicated that he went by the property and graded. Plan is and hit relates to ing an erosion problem. He a ed when the driveway was Mr. Holts indicated that it was City Attorney Leib tii`dif il "ted that bee any" ny building permits are issued, precise grading h o be dJ e to recert s the stability and compaction of said property. She also the ° even if the p aoerty is divided, it doesn't mean that a building permit Is Iss d thpt et?rtain qualifications have to be met. O o%y N D Mr. Holt asked 1 A/, l �wha ��ear that the driveway was cut in behind 7 Via Del 9 Lao � V , ,. Public Wok Director S umalo Indicated that according to the City's records, the grading per ".as appl §d for in May 2007 and approved in April 2009. Mr. Holts asked if`ifwas permitted and graded in 2009. Public Works Director Seumalo indicated yes. Chairman Gonzales asked if Mr. Holts is currently getting a lot of erosion on his property. Mr. Holts stated that he has placed sandbags at the back of his property and above his patio and pool. Mr. Doug Pinnow, 7 Via Del Lago, property owner for the lot that is being considered, noted that he has lived at that location since 2003. He indicated that PC May 3, 2011 Item No. 1 Page 5 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 6 of 22 after he moved into the home, there was an occasion where the City extended the road on Via Del Lago, along his property line. This extension gave new frontage and had that frontage existed when the builder (Curtis Development) built the homes, he probably would have taken advantage of the facilities and put a few extra homes there. He also indicated that the homes he selected are on acre size lots or will be if there is any building there in the future, and stated that he could probably put more than a dozen homes there and still have been in compliance but he is sensitive to trying to have a good appearing neighborhoodrfd chose the split of two (2) rather than twelve (12). He said that his neigh�rdt; Mr. Holts has always been concerned about his privacy and stated that Gore years ago when they were still part of the Tuscany Hills Association, he4'�anted place a gazebo on the pad. Mr. Holts opposed the location of the gaze' on the Y5 sis of his privacy issue, and the Tuscany Hills HOA decided against�hl He s d that he took pictures from the pad location that wou' be nearest his yar show the Commission what it looked like. . 4 Vice Chairman Mendoza asked Mr. Pinnow what�ear he applied for the gazebo to be placed there. Mr. Pinnow stated that he believed that f %�'% 2004. Vice Chairman Mend ed if the sd'ciation granted him permission to do this. "I „ I Mr. Pinnow stated thdZxhe Association grdkWkI him permission but indicated that it was a concern becaY s Ulr Flolt fell A6t the gazebo location had a line of sight � '� E- :F Pinnow if he was part of the Association at Mr. Pinnow i tated Yes and stated that the de- annexation occurred late in 2005. Commissioner O'Neal asked Mr. Pinnow if the gazebo was built and does it exist now. Mr. Pinnow indicated that the gazebo was built and where the gazebo was located. He noted that there is more than adequate space to protect Mr. Holt's privacy and was found to be the case with the HOA years ago. Vice Chairman Mendoza noted that Mr. Pinnow applied in 2004 for the gazebo and the HOA approved his gazebo. In 2005 he de- annexed from the HOA and clarified that this information should be on record and can be checked. He asked PC May 3, 2011 Item No. 1 Page 6 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 7 of 22 Mr. Pinnow if he de- annexed from the HOA with the intent of having his own HOA because he couldn't do everything he wanted to do with his property. He indicated that the twenty -two (22) lots were unique from the rest of Tuscany Hills and they de- annexed to form an HOA. Mr. Pinnow indicated that this was incorrect. Vice Chairman Mendoza asked Mr. Pinnow if they were going to start their own HOA once they de- annexed. Mr. Pinnow indicated yes but it hadn't yet formed. Vice Chairman Mendoza stated that he was on Pinnow requested permission to build the gaze; have the gazebo because it didn't meet the,PP'O' He also stated that the RV storage, the P dissention with the twenty -two (22) home r they were going to de -annex from the HOA�� HOA with their own CC &Rs. `ACCRCpmmittee when Mr. He stated that he couldn't of the Tu�eany Hills HOA. and the boat ear, caused Las a result 'l laid that i tent of havin" their own Mr. Pinnow indicated that this was Vice Chairman Mendoza stated tha indicated that twenty tw ) homes item so that more infor " can be Tuscany Hills , rect in his statement and suggested postponing this na the de- annexation from Mr. Pinnow indicated ;thaWth'oexed because they couldn't find a commong l,;ty etvu, en ther'r3 =needs, +? A'rchitectural Committee, and the original i b HOA. Fie noted tRa'te de' ° `' xation process was quite elaborate. Vice Chiaitman Mendoz 'ndic ed that this was when proxy voting was allowed �.,.., in the Asso4ietion but is longer allowed. Chairman Gon' no d that the HOA is not the issue but the issue is whether to allow Mr. Pinnouto separate or not to separate. Vice Chairman Mendoza stated that Mr. Pinnow shouldn't be permitted to subdivide his homes because they are supposed to have their own HOA and CC &Rs. City Attorney Leibold indicated that this is not a City requirement. Vice Chairman Mendoza indicated that this was their request upon de- annexing from the HOA. PC May 3, 2011 Item No. 1 Page 7 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 8 of 22 Chairman Gonzales noted again that the HOA is not the issue regarding this item. Mr. Pinnow indicated that Vice Chairman Mendoza was incorrect about the CC &R requirements. Vice Chairman Mendoza indicated that Mr. Pinnow was required to establish CC &Rs for those twenty -two (22) residents, and since there are none, he is able to do what he wants to the property. Mr. Pinnow stated that this wasn't correct; the requirem flis that were considered were that the twenty -two (22) home owners In th( Cates" should look into forming an Association. Subsequently, they did look'mtov' t rfning an Association but because of the "bad taste" that was left fror��the previo „ssociation, there was never a majority willing to form one, anq[gp 6d that Mr. P ,er, who was an ADHOC Committee member was current the audience and could confirm this. `�` 3 Commissioner O'Neal indicated that he was un' Q01he impression from what Mr. Pinnow stated earlier, that the pr'; ' us HOA dic!W "'fie him permission to build the gazebo but once the residents g of the HOA, e the gazebo. Vice Chairman Mendoza agreed with omrpfsslor, g O' eal's statement. z i �� •' Mr. Pinnow indicate,_ 'a this was incorr , and stated that the HOA did give him approval to build tt'" azebo a1d said that he didn't understand the original HOA and what it had to 'd Rh his Request to subdivide. Vice Chal►anan fIF, doza�frtdlcated��t��this wasn't correct and stated that Mr. Pinnovp bro g t i ACC Committee a fence that they disapproved beccseof the estab $ CC Chalrmarior�zales sugggsted continuing this item. COMMISSIONER #S COjVIMENTS Commissioner Joc- indicated that the Tentative Parcel Map should have a legal description and wanted to know why there wasn't one. Planning Consultant Coury indicated that this was an oversight. Public Works Director Seumalo indicated that Commissioner Jordan should have a formal legal description on the map. Commissioner Jordan stated that the legal description needs to be added. She also requested clarification of the easement notes relating to Via Del Lago. PC May 3, 2011 Item No. 1 Page 8 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 9 of 22 Public Works Director Seumalo apologized that this wasn't explained more clearly and noted the location of the utility boundaries. Commissioner Jordan asked Mr. Seumalo if that was supposed to be depicted on the map. Public Works Director indicated yes. Commissioner Jordan requested that staff add that to the map. She also requested clarification regarding Condition No. 4 which,%A tes 'Prior to final recordation of the Tentative Parcel Map ". City Attorney Leibold indicated that the Tent, once it is finalled and the finaling process for a will be recorded Commissioner Jordan asked if it is a will be recorded. Tentative City Attorney Leibold indicated that it is a Commissioner Jordan requested Parcel Map. City Attorney Leibold indicated to strike „the that Commissioner Jord irnm'� question uestion about the grading permit, and asked if there was a Bur )w - urvey required prior to the grading permit being pulled. , Public wgT�fblrector Seum to indicate What he would research this. Corp t�� honer Jordan2 ted tl�' �pshe was uncomfortable with the survey of the Burrow rxg caus Owl be `oth # the surveys were done within one (1) week and none were dt covered he also asked where the driveway location was for Parcel 3 beca` ` she w having trouble distinguishing it. Planning Consul, "Coury indicated that it is the common fifty -foot (50') easement and note that it was at the end of the hammer head. Commissioner Jordan asked if Parcel 3 was at the end of the "hammer head ". Public Works Director Seumalo specified the location of the access driveway, the reciprocal access driveway, and the "hammer head" on the map. Commissioner Jordan asked if sixteen feet (16') of the driveway would be paved. She noted that it shows that a future turnout is suppose to be twenty-six feet (26') and when she scaled it out, it is not twenty -six feet (26') feet. PC May 3, 2011 Item No. 1 Page 9 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 10 of 22 Public Works Director Seumalo indicated that this is something that can be corrected on the site plan and indicated that he wasn't sure why it was shown on the subdivision. Commissioner Morsch stated that he also lives in Tuscany Hills, approximately forty -nine hundred feet (4,900') from the Mr. Pinnow's property. He stated that when he purchased his lot in Tuscany Hills, he was under the impression that the residents had a school, a park, a recreational center, and twelve hundred (1,200) homes which included "Estate Size" properties. He said that he wasn't active politically but heard some complaints about fences, and tract that the "Estate Size Properties" or the "Estate Added Territories" were'omewhat different from the regular R -1 lots in the rest of the community. o He also indicated that Via Del Lago has the hig lots and they are roughly one and a half (1 three (3) acres plus and it was not part of tl-b c the added territory and included in the orlglnA the residents that consented to the de annexm were "Estate Properties" and should be consia also referred to Title 16.20.020 whtPh states that be compatible with lots in the surrO dJog Also, Commissioner Morsch states that they are bouu� surrounding prope s 8"f6k others and he be' s the KRI He noted that reaardfes':s,,c with compa`ti ility with they an eas ,. t needed way forth qty runs R,oncenIt on of the smaller s Mr. Pi ow property is 31 grading b6 part of s. Further, he $t`ated that so with the belief that these and treated differently. He s and arrangements shall gntioned that l be Cit�r,o'f Lake Elsinore's code, it to loo l�� subdivisJ'As in the context of the ;onsider t 's particular project in the context of the .t map sho ;s twenty -four (24) very specific added th larger lo'r>fhan all of the other lots combined. ,�; ,f the 'ecific Plan states, the people in the eve there was going to be compatible hat the issue he has is the size of the lots and no properties. He asked Mr. Pinnow why there is ; Parcel 1 in benefit of Parcel 2, and why right -of- larcel 2. Mr. Pinnow dlscussed location of the easements relating to Parcel 1 and 2. He also indicates t lbefore starting the project, he had considerable dialogue with Tom WeinerrPhe City's previous Director, who told him that the only requirements that they had to meet were the Tuscany Hills Specific Plan, and discussed the issue of density. Mr. Pinnow indicated that the main issue was that the builder did not put any fencing up and the HOA wanted the homeowners to put the fencing up at their own expense and initially, the HOA paid the builders to put the other fences up for the homeowners. PC May 3, 2011 Item No. 1 Page 10 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 11 of 22 Commissioner Morsch indicated that he recalled that the issues at the time were that they had frontages of approximately two- hundred feet (200') to four - hundred feet (400') and wanted white laminate fencing that looked rural. Conflict arose once they made that request and as a result, two- thirds (2 /3rds) of the Association agreed to release the added territory. He also indicated that since Mr. Coury is correcting the map, he suggested changing the easement line to a dash line to indicate the easement lines. He noted that the graphic scale is lacking some numbers because the bar scale doesn't have numbers on it to graphically show what the scale is and assuming the subdivision goes through, asked if the access road is going to continue to be a grave ),load or paved road. He referred to Condition No. 7 which states: Prior the applicant shall submit a letter of verification (wil utility providers to the City Engineer, for ally: requested to add "Each lot shall have separate"' including but not limited to sewer, water, elpgihcal, that they are not piggybacking on sewer or a! oth issue of grading, he indicated that he know drainage is one of the biggest problems that his add a condition, Condition No. 24 = kk state the foll a grading /drainage plan to the City Engineer. Commissioner responsible for (3) lots. Mr. Pinnow area will r".er mina11 cross lot V that i road re m rts. the Mr. Pinnow of building permit, ) from appropriate ity services, and exclusi ' "' tility services, and com pjcat ons ", so lities. Also, ejarding the bxperience that cross lot have so he would like to j: The applicant shall file qg �o the satisfaction of approved, who would be n't be CC &Rs on the three about the bill and noted that this that if he moves, who would maintain if he moved, if it split, he would maintain it. Chris Pinnow gave��s name and address and indicated that he is the engineer designing this plarlVand stated that the original Water Quality Management Plan required that the owner maintain all storm water which includes the driveway and the run off from the driveway. He noted that the road will remain a gravel road and will be maintained by Douglas Pinnow. Commissioner Jordan asked if sixteen (16) feet of the road will be paved. Chris Pinnow said eventually it will be paved. Commissioner O'Neal asked Mr. Coury to explain what a dirt sports court is. PC May 3, 2011 Item No. 1 Page 11 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 12 of 22 Planning Consultant Coury indicated that it is identified as a tennis court, and a croquet court. Commissioner O'Neal asked Mr. Coury if he followed up with Riverside County regarding the hillside requirements. Planning Consultant Coury indicated that he didn't get a chance to contact Riverside County regarding the City's hillside requirements but he reviewed the requirements and stated that there was not a hillside overlay placed on this Specific Plan in this area. A \& v Commissioner O'Neal asked if the City of Canyon hillside requirements. Planning Consultant Coury indicated that Commissioner O'Neal asked if the City courtesy notification. Planning Consultant Coury ii the three hundred (300) foot Commissioner O'Neal indicated that h is not within the three red (300) A would notify the Canyon t „,residen Planning G require this. Planning n the City was notified about the )tified' `, a project. �� P 1 could be ` as a Lake was outside of §ands tarp the City of Canyon Lake iius bbfc wanted to know if the City it does affect them. City of Lake Elsinore does not er O'N ' 'ndicat, §d�that when he and Mr. Coury discussed hillside, about fi (15 �X nt as opposed to twenty (20) percent and was corre indicated that this was correct. Commissioner a'' f stated that he has mixed feelings about this but Commissioner Mo ch clarified some issues for him and he agrees with him about setting precedence. He said he would consider two (2) lots but not consider three (3) lots and recommended continuing this item because there are various issues and concerns with a number of people that need to be addressed. Commissioner Mendoza indicated that he agreed with Commissioner Morsch regarding the concept for "Estate Lots" because he knows they originally sold as "Estate Lots" and subdividing these lots was not the intent of the "Estate Homes ". He stated that the reason that he is aware of this is because he was there before the homes were there and when the residents wanted to de -annex and does PC May 3, 2011 Item No. 1 Page 12 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 13 of 22 understand why they wanted to. He encouraged Mr. Holts to start his own HOA to get the other homeowners on board so that this doesn't go any further. Chairman Gonzales indicated that he agreed with Mr. Morsch regarding the "Estate" properties and said that he is against shared driveways. He asked if the homeowner has to maintain the street afterwards and if the property is sold, will this be part of the agreement of the sale. Commissioner Morsch made a motion that the Commission postpone this item and recommended to the owner that he bring back to�3the Commission an application with a two (2) parcel map lot split with a pt'elimhary grading plan showing the elimination of cross lot drainage He also�u�nted to include in that motion a copy of the de- annexation documentation �"nd th ' ipulations regarding the de- annexation and what the "Estate Homes" are tequireYl ado once they de- annex from the HOA.� City Attorney Leibold clarified with th4' continue this item, it has to be continued to date, and if it is continued to an unspecified c m that if the , 4ffioose to e tain, or to an" unspecified it needs to be re- noticed. Commissioner Morsch asked Mr. P the materials. Mr. Pinnow indicated that he has no two (2) parcel sub �uisibh,' and inv property. He not the'Cgmmis stands currently'for hree - arce long itW Quld take him to amend of°OViding alternative plans for a :,omthission to take a look at the he believes that it is suitable as it Commissoner Nlofsch asked, Mr. "Plnriow if he understood that he risks denial from theO'Commissiat finder' -- tion 16.20.020. Mr Pmn'W indicated th ''the CXfnmission will probably never face this particular situation i , s scany Hill states again and they don't have to worry about forty (40) new ho e! being b = It there because in the eight (8) years that he has been there, no one els ` has ought about doing anything like this. He stated that he was the exception "cause the City extended Via Del Lago (in front of his house) to give new frontag" to allow the subdivision to take place. He invited the Commission to review the records of the correspondence that he had with the City before he began the project regarding the dual use driveway, and conceptual plans, and noted that both were given the green light. He indicated that a considerable amount of expenses were put in at this point and although he does take seriously that he may face denial, he hopes that the Commission takes seriously that he has done everything properly with the City and if the Commission continues this, it would give them more time to review the material. PC May 3, 2011 Item No. 1 Page 13 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 14 of 22 Commissioner Morsch indicated that if Mr. Pinnow was still under the original CC &Rs and HOA, he would not be allowed to re- subdivide his property at all without Board and City Approval and asked if he was aware of this. Mr. Pinnow indicated yes. Commissioner Morsch indicated to Mr. Pinnow that the Commission has given him some latitude in considering an application that would include a subdivision into two (2) lots but since he wants to subdivide into three (3) lots, he is running into compatibility issues with the City of Lake Elsinore's Munt Code. Motion was made by Commissioner O'Neal, Mendoza, and unanimously carried to conth 36304, a request to subdivide an existin parcels within the Residential Single Farrfily Hills Specific Plan, to May 3 2011 AYES: CHAIRMAN GONZALES',':, COMMISSIONER JORDAI COMMISSIONER O'NEAL NOES: NONE ABSENT: 2) N City Manager B project with the have. by Vice Chairman e Parcel Map No. Ate into three (3) i6 of,the Tuscany _NDOZA, MORSCH, Residential Design Review No. 2011 -01 and proposed Conditions of Approval. the that Kirt Coury, Project Planner would review the and answer any questions the Commission may Planning Consultant Coury provided an overview of the project and indicted that the applicant was present. REQUEST TO SPEAK Ms. Sondra Harris, Vice President of Planning with Richmond American Homes, indicated that she was very excited to be back before the Commission again with another product from Richmond American Homes in the City of Lake Elsinore. PC May 3, 2011 Item No. 1 Page 14 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 15 of 22 She stated that she didn't have anything to add to Mr. Coury's presentation but referred to Condition No. 24, which Mr. Coury spoke about in his presentation, and requested from the Commission, approval of the California Coastal landscape design which they are proposing on the models only and noted that the parkway will be planted with turf and street trees and will be maintained by the HOA. Planning Consultant Coury indicated the California Coastal landscape design will be an option for home buyers but the typical front yard plans that Richmond American submitted have some turf and ground cover. ,a Commissioner Jordan asked Ms. Harris why Xerisca a' 't something that.they are proposing for the production because she likes4h dd_ look with the mix of turf which gives a better street seen. Ms. Harris indicated that they have discus id with their sale marketing teams and the buyers are not so willingiept this in their front yards. She stated that with the implementation of AB18$1Y�jrhich ;P%uires reduced turf, they made the turf smaller in various communities outig_e of the City of Lake Elsinore and got significant pushback fro= he communifW hich caused difficulty in sales so they are not currently prop ? %, is type gpe. Commissioner O'Neal asked Ms. Ha" �txbuyefs_would be able to request this as an option. Ms. Harris Commissioner at O'Neal suggested that Richmond option. tried optional landscape designs in the past not Chairman Go' of landscaping: that in his yard there is no turf, it is a wide variety Commissioner O'Neal encouraged them to rethink this issue and referred to the "Living Smart" product by Pardee Homes. Commissioner Jordan indicated that this would benefit homeowners because they would be able to save money on their water bills. Ms. Harris indicated that she would take the Commissioner's comments back to her team to review these options. PC May 3, 2011 Item No. 1 Page 15 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 16 of 22 Vice Chairman Mendoza asked Ms. Harris if her concern is uniformity with the other homes. Ms. Harris indicated that if a homeowner decides to do Xeriscape later, McMillan Development would ask the HOA to support this. Vice Chairman Mendoza thought it would be great to have Xeriscape in the CC &Rs if the homeowners request this. Chairman Gonzales asked if the homes in this develo flood insurance because they are being built in a flood Public Works Director Seumalo addressed Chair regarding the flood plain. Ms. Harris also referred this question to Just", Cralg.o Mr. Justin Craig of McMillan Development i t = > < cedi CC &R's and flood plain issues. " Vice Chairman Mendoza suggests possible which are included in the City Attorney Leibold Indicated that s project have alrea been " recordec within enforceme , hts a mi and addressed the landscape =guidelines be as clear as C &Rserning all of the Summerly the City° is the third party beneficiary is in the recorded CC &Rs that require covered by turf. didn't think that there is. Commissl MorscR Gated that if there is built -in latitude in the CC &Rs then there is no segific date in the CC &Rs requiring turf and it is up to the Architectural &VIP / v mittee. COMMISSIONER". OMMENTS Vice Chairman Mendoza indicated that all of his questions were answered previously and welcomed the applicant to the City. Commissioner O'Neal thanked Ms. Harris for stopping by his office to discuss this project as well as others in the City. Commissioner Jordan indicated she noticed that on several lots, the plotting isn't staggered and she is concerned about the street scene and noted the similarity required to have question McMillan PC May 3, 2011 Item No. 1 Page 16 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 17 of 22 of architecture between Plan's S180 and S192 and noted that the City wants to raise the bar but she doesn't think that this is raising the bar. Commissioner Jordan discussed how she envisioned the street plan in her mind regarding Plans S180 and S192 and noted that they don't have a lot of variation, specifically, not having the lots staggered. She also indicated that on many of the lots they are doing minimal front setback although she understands that the lots are small and asked if the rear yard setback with the patio is five (5') feet. Planning Consultant Coury indicated yes. Commissioner Jordan indicated that she noticed on applicant is using a stone veneer, and wanted to kri brick or a different kind of a veneer to make tho Ic the roof lines on the bungalow elevations �a1t suggested that there be some architectu., _r nC She recommended doing some kind of dtffe'rebt ston Commissioner Morsch stated that Condition to be clarified and also wanted cld�jfication of Public Works Director Seumalo indidaft and also clarified Condition No. 49 fog Commissioner Mor Indlcaed that th and stated that b the ne section get out of the develo ,G ent tp he lake. Public W rtl�s _, 11 e, or flood ctlltlon, t into the back basin all Commissl Morsch minimum ele anon to b Public Works Diret; elevation. h>Vh and K elevations, the ey are not using a dlffe" _ . She stated that A exa he same and -Ints on t elevations. i either the H;r the K. poorly worded and needs No. 49. 26 would be revised just one (1) part of the development uilt, asked how the water is going to indf'°d"d that at the one hundred (100) year drain to and filter through the golf course, and that the very lowest elevation is right at the the flood plain for FEMA which is 1,267. indicated that 1,267 is a local required finish floor Commissioner Morsch indicated that the water level could conceivably be 1,263 with a wave surge at 1,267 is where they are currently at and asked how the water would get conveyed from this development, in addition to the other developments to the lake since they are already close to the floodplain. Public Works Director Seumalo indicated that it would be stored in the golf course area until the water dissipates and noted that at the one hundred (100) year flood condition, other areas at risk will be the downtown areas. PC May 3, 2011 Item No. 1 Page 17 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 18 of 22 Commissioner Morsch indicated that this project is the most easterly developed project of the phases and that most likely, everything is going to converge to Village Parkway. He stated that the elevations of these finished floors are at the lowest they can be to be out of the FEMA floodplain and the next development is going to have to similarly be above 1,267. He indicated that there will be flooding at Village Parkway and from there into the storm drain, the golf course and then to the lake. Public Works Director Seumalo indicated that there is a one hundred and eight inch (108 ") pipe in Village Parkway so the storm drain systeti s are intended to go subterranean and at the one hundred (100) year floodlevaflon, there may be some surface flows on the streets but it will all go to a c:s the golf course which is the planned storage and treatment area. Commissioner Morsch stated that he believe haat Xeriscapd`b'gdscaping could be done really well, such as creative arch) eetural elements with 'stof�e work, etc. ms f He noted that the only problem he has wit 's prof et is that thereare a lot of small homes and he would be happier if a podi oofhese homes were around twenty -two hundred (2,200) square feet and h bl�O least a four hundred (400) foot spread between the smaller��iomes and the" IbOgger homes and this would give the customer more of a vaney tq choose from ' that he would like to see this in the next phase. � a�� Ms. Harris indicated t re is a h in the City of Lake � other %single story homes, not only Southern California. Commissioner for state that she wild like to see changes such as ura additional architect lid�Yatty� � Spanish Elevation for the S180 and the S192, aIn know/ vhy theij are not using, a different kind of veneer on the dlfe ent elevat<s� Ms. Ham ddressed "imiss�o'�ner Jordan's suggestions. Mr. Dave K n KTGY Architects introduced himself and indicated that he was also the archlted".>pr Jahn Laing Homes as well as the Summerly models. He let the Commissioner ow that their comments were valid and informed them that two dimensional renderings do not give justice and the plans give better detail regarding the different models. He said they would work with staff to enhance the models per Commissioner Jordan's request. He discussed the benefits of single story homes and how they will benefit the residents of the City. Passed and adopted the following Resolution: "Resolution No, 2011 -06 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending that the City Council of the PC May 3, 2011 Item No. 1 Page 18 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 19 of 22 City of Lake Elsinore adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan ". MOTION was made by Vice Chairman Mendoza, seconded by Commissioner Jordan and unanimously carried recommending that the City Council of the City of Lake Elsinore adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan. AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commission"orsch, Commissioner O'Neal NOES: None ABSENT: None "10P 6 ABSTAIN: None a \. 0 �. Passed and adopted the following Resolution "Resolution No. 2011 -07 — A Re�grrf o of the P a n Commission of the City of Lake Elsinore, California, i s ding t i e City Council of the City of Lake Elsinore approve Resiylent HS si n, No. 2011 -01 and eliminating Conditi o. 23 as Tkl 1 as 'ttmg direction from the Commission rega - n pplican work With staff on the specifics of the plotting and des ". y MOTION was made rdan, seconded by Vice Chairman Oi., Mendoza r�cftmo carne commending that the City Council of the City of Lake ' r approve Residential Design Review No. 2011 -0101 and el61nating Condition N�oi<.-23 as well as getting direction from the Commf4" n regardi a aicant to work with staff on the specifics of the plottiftfkand facades; AYES Cfaatrman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, %Commissioner O'Neal NOES: None ABSENT: None ABSTAIN: None The Planning Commissioners thanked the applicant for their products. PC May 3, 2011 Item No. 1 Page 19 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 20 of 22 Chairman Gonzales stated that he looks forward to Richmond American's residential neighborhoods coming to the City. He also referred to the letter that was drafted by Commissioner O'Neal on behalf of the Commissioners regarding the City's Redevelopment Agency and asked the Commissioners if they had any comments or questions regarding the letter. City Attorney Leibold noted that since the letter that Commission O'Neal drafted wasn't on the Agenda, it is for the purpose of information only and the Commission cannot take any formal action regarding this. Commissioner O'Neal thanked Ms. Leibold for her stated that he welcomed any changes that the requested that they initial if they agree and he woul rred. v- City Attorney Leibold suggested that an elertronfi6 version be <'ven to Susan Reid in the City Managers office to put on #tie letterhead a oe set up for signature and initialing. She suggf tad that ,ommissioner - Neal also forward a copy to the local legislators who uDi�l��be�g on the bilf She also indicated that in the last couple of days, the legislative counsel's office said that the Brown budget proposal to eli ate Redevelopm t was legally problematic in light of Proposition 22 and the I i 1 l I raft of the pr'o � « e�i bill is now available and can be provided to the Commissapn Commissioner O'Neal t ted that if a the C'missioners wanted to add anything to the left e wow be more' an happy to accommodate this. Commissioner Vice Public Planning Con: contacting him noted that this with the letter and might have and the Governor. for writing the letter. gave the Capital Improvement Program update. „Gi ury extended his thanks to the Commissioners for mail and by phone regarding the parcel map project and helped to gather and share information before the Planning Commission meeting. Senior Planner Harris had no comments. Office Specialist Herrington had no comments. City Manager Brady had no comments. PC May 3, 2011 Item No. 1 Page 20 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 21 of 22 CITY ATTORNEY'S COMMENTS City Attorney Leibold had no comments. Commissioner Morsch thanked Commissioner O'Neal for taking the time to write the letter to the Governor regarding the City's Redevelopment Agency and indicated that he thought that it is important for the City's Planning Commission to object to the dissolving of the Redevelopment Agencies. He also congratulated Mr. Brady on the extension of his contract,&hd stated that although it may premature, looks forward to working with him and noted that he is doing a good job and is well respected in this community. Commissioner Jordan thanked staff for all of work they do. She indicated that she does a stickler about certain things and is prote She indicated that she would e-mail staff with Commission meeting. Planning Consultant Coury respond in writing to the Coi Commissioner City Attorney LE sreid @lake -elsi and be e -mail work a`nd ppreciates the be hard on ff but she is in the Clty's f interest. Lions, prior toy a Planning ;god because they can 's e-mail address is: t M§FReid put the letter he drafted on the City's of the legislators get copies also. 'ady cdnfl , rmedffiat the letter would be completed and copies will all leglsib' Ors as well as the City Council. Vice Chairman M pdoza thanked staff for their hard work and also wanted to thank John Herr6ME. the City's Information Technology Technician for his help with setting up his „&'mail and mentioned how patient and upbeat Mr. Herrera is. City Manager Brady indicated that Mr. Herrera is a very good employee. Commissioner Jordan seconded that and indicated that he helped her get back on e-mail. Chairman Gonzales reminded the Commissioners that their Form 700 has to be turned into the City Clerk's office. PC May 3, 2011 Item No. 1 Page 21 of 22 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 1, 2011 Page 22 of 22 Commissioner O'Neal stated that he did not receive the Form 700 and mentioned that in the past it has been mailed to his home. It was noted by staff and the Planning Commission that the next Planning Commission meeting to be held on March 15, 2011, would be cancelled. Chairman Gonzales closed the meeting in memory of those in Christ Church, a Church that was destroyed in South Island, New Zealand, where he spent time in the past. ADJOURNMENT There being no further business to come before the Ppning Commission, Chairman Gonzales adjourned the meeting at 8-1,19 p m The next regular meeting of the Planning` "Comr i ion of t yvUy `k gty of Lake Elsinore is scheduled for Tuesday, May017r 2011, t 6:00 p.m it t Cultural Center located at 183 N. Main Street, Lake Elsie re ;A- =-92530. Respectfully Attest: Robert A. Brady City Manager PC May 3, 2011 Item No. 1 Page 22 of 22