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HomeMy WebLinkAbout11-15-2011 NAHCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF NOVEMBER 15, 2011 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson Jordan led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Blake Commissioner Gonzales Commissioner Morsch Absent: None Also present: City Manager Brady, Planning Manager Morelion, Public Works Director Seumalo, City Attorney Leibold, Planning Consultant Donahoe, Environmental Consultant MacHott, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES Donna Franson, President of the Lake Elsinore Citizens Committee, stated that the purpose of this organization is to keep the citizens informed of what is happening in the City. She stated there will be a meeting on December 8` at 7:00 p.m. at the Tuscany Hills Recreation Center with guest speaker Viet Tran, Regional Manager for the Southern California Edison Company for Lake Elsinore and his topics will be the Alberhill Power Station Project, Smart Connect Budget Assistant and will also discuss other methods for saving electricity. PRESENTATIONS Swearing in of new Planning Commissioner David Blake. CONSENT CALENDAR ITEM(S) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • July 5, 2011 • October 18, 2011 City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 2 of 7 Motion by Vice Chairperson O'Neal, seconded by Commissioner Morsch, to approve the Planning Commission Minutes of July 5, 2011, and October 18, 2011; Motion passed by 5 -0 vote. PUBLIC HEARING ITEM(S) 1. 2011 Comprehensive Update of the Citv General Plan and Related Documents Recommendation: Staff recommends that the Planning Commission take the following actions: 1. Recommend to the City Council certification of the Recirculated Program Environmental Impact Report, Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program. 2. Recommend to the City Council approval of the General Plan Update, Downtown Master Plan, Key to Downtown Implementation Plan, Downtown Code, and Housing Element Update. Planning Manager Morelion briefly reviewed the documents being considered and the history of the General Plan Update process. He stated that Planning Consultant Donahoe would be discussing the changes in the General Plan document since 2009 and` Environmental Consultant MacHott would be reviewing the environmental determination. Planning Consultant Donahoe presented the staff report. She noted that a few letters regarding the General Plan Update came to the City after the Planning Commission Packets were distributed and indicated that she gave each Commissioner copies of the letters prior to the meeting getting started. The letters included a letter from Brian Lam and a response letter prepared by staff to Mr. Lam; a letter from Castle & Cooke Alberhill Ranch; and a letter staff received in the afternoon of the Planning Commission meeting from K.S. Chen. She stated that staff took a look at Mr. Chen's request, and although he gave the street names and not the APNs, staff does not believe there will be a land use designation change to his property with the General Plan Update. Planning Consultant Donahoe also noted that under Exhibit B of the staff report, the State approved the Housing Element for the General Plan. Environmental Consultant MacHott presented the environmental portion of the staff report. Attorney John Messina Jr. of Kelly Lytton & Williams Law Firm, representing Brian Lam & Mebo Properties stated that he is requesting a designation change City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 3 of 7 on the proposed General Plan for the property located at 116 E. Lakeshore Drive. He stated that they are proposing development of a hotel and condominiums at this property and is requesting that the proposed General Plan be postponed so that the zoning of this project can be reviewed further. He noted that this would be a major development on the waterfront and this project can't proceed if the General Plan is adopted. Vice Chairperson O'Neal stated that this process has been going on for a while and indicated that Mr. Lam, who Mr. Messina is representing, has had the property for over a year and the Downtown Master Plan was done two years ago. He indicated that Mr. Lam could have approached the City then. He noted that even though Mr. Lam has a project to submit, it's not going to stop the process. City Council will make the decision regarding postponing the General Plan. Commissioner Gonzales asked when Mr. Lam was planning on bringing the project to the Planning Commission. Mr. Messina stated that Mr. Lam has not brought the project to the Planning Division yet. Commissioner Gonzales stated that although the project looks good, if it takes six months to a year to present the project to the Planning Commission, the City cannot wait that long and hold up the General Plan. Commissioner Morsch stated that almost two years ago, the City had a community meeting on the Downtown Master Plan and it was an opportunity for the community to be introduced to the five specific planning areas. He stated that City Manager Brady stated in a letter to Mr. Lam that the primary hurdle is the condominiums and the City cannot delay the General Plan based on their proposed project. Planning Manager Morelion stated that in City Manager Brady's letter, it does allow for a number of uses that would be compatible with Mr. Lam's project, but residential is not compatible. David Garrison stated that he was representing Mr. Fawcett of Marinita Development, who could not attend the meeting. Mr. Garrison requested that the Planning Commission and City Council add their proposed commercial project at Lake Street and Mountain Street to the Albherill District in lieu of the Lake View District, as it is currently shown on all General Plan land use maps. He stated that the project would be better served in the Alberhill District and discussed why and indicated that he discussed this with staff. Vice Chairperson O'Neal stated that he agrees that this project should stay in the Alberhill Ranch District and doesn't understand why staff changed the location to the Lakeview District. Planning Consultant Donahoe clarified that the 2009 District map did not reflect any changes compared to today's map. She also noted that staff didn't change any of the District boundaries except for the one required by LAFCO where the area was incorporated into the City of Wildomar. City Attorney Leibold stated that if the Planning Commission recommends changes then staff will evaluate those changes and the issue will become whether or not those changes necessitate additional environmental analysis. She also stated that from her understanding, staff is saying that there is nothing in the Lakeview District that City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 4 of 7 prohibits or is inconsistent with the proposal the property has made in the past and as Mr. Garrison said, there are no existing entitlements. Additionally, she stated that the project is not within the boundaries of the Alberhill Specific Plan and there isn't anything in the Lakeview District policies that are inconsistent, incompatible, or would in any way prohibit the project that Mr. Fawcett previously proposed. Commissioner Morsch asked whether Mr. Fawcett's proposed project was prior to 2009. Mr. Garrison stated yes. City Attorney Leibold explained the purpose of the District boundary. There was discussion from Commissioner Blake regarding Mr. Fawcett's request for district boundary changes and whether it would affect the recirculation of the EIR. City Attorney Leibold stated that she doesn't think it would require a full EIR and Consultant MacHott stated that he doesn't think that the change to the boundary would necessitate the recirculation of the EIR. Mr. Garrison thanked the Commission for their consideration. Steve Semingson of Civic Partners stated that the General Plan has been an intensive and arduous task. He also stated that in his opinion, it was a "pretty sophisticated process ". He thanked staff and the Commission and commended them for their hard work and job well done. BUSINESS ITEMS None. PLANNING COMMISSION COMMENTS Commissioner Morsch thanked staff and the consultants for their hard work. He stated that he would like to see Chapter 2 in the Climate Action Plan and the associated sections in the EIR deleted, which include how the effects of greenhouse emissions affect our climate. Commissioner Blake asked if Chapter 2 in the Climate Action Plan can be deleted and still abide by the laws that govern the City. Shauna Callery of Rincon Consultants said that the CEQA document is required to explain existing conditions and the Attorney General's office recommends that the existing quantities of greenhouse gases be disclosed as the existing conditions. She also stated that regarding the Climate Action Plan, this was discussed with staff and they came to the conclusion that this chapter provides background for the entire document and also provides State regulations driving the document and therefore, included it. Vice Chairperson O'Neal stated that he agreed with Commissioner Morsch regarding eliminating Chapter 2 of the Climate Action Plan. He stated that staff has done a remarkable job, and thanked Planning Manager Morelion for his work on the General Plan. He also stated that he appreciated everyone's comment letters. Commissioner Blake thanked staff for their excellent work. He asked if Chapter 2 of the Climate Action Plan can be deleted. City Attorney Leibold explained that for purposes of the environmental documentation and the background, the City City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 5 of 7 needs to look at the history, the purpose, or the science behind the legislation. City Attorney Leibold stated that she doesn't think that it is necessary that the City adopt or endorse the science and thinks that there is a middle ground between eliminating Chapter 2 and recognizing that the legislature has imposed a mandate to adopt the Climate Action Plan based on this science. Further, she indicated that it is unclear whether the elimination of Chapter 2 would still provide for a defensible and complete Climate Action Plan. Commissioner Blake asked if it is mandatory to put goals in the Climate Action Plan. City Attorney Leibold stated that the goals and the caps are legislatively mandated. Commissioner Blake stated that he respects the fact that Mr. Lam wants to develop a $50 million dollar project in the City which could make the City a more attractive place, but doesn't think that the General Plan should be delayed. He suggested that Mr. Lam bring the project to Planning Commission at a later date. He also stated that whether Mr. Fawcett's property location is located in the Lakeview District or the Albherill District shouldn't matter as long as he has the same right to improve the property and noted that the guidelines are the same for both districts. He also thanked staff for making new things happen in the Ballpark District. Further, he stated that he is impressed with the General Plan document and with the Native American Heritage areas and informed staff that it was a job well done. Chairperson Jordan stated that she had a few comments regarding Exhibit 4.4 Hydraulic Resources on the General Plan. She stated she would like to confirm that the plan shows the location of the high dam hazard zone on the map. Regarding the Downtown Code, exhibit 1.2.6a on the District Map, she stated she found it difficult to distinguish between the different Districts and requested clarification. Planning Manager Morelion agreed with Chairperson Jordan and stated that staff would clarify. Also, Chairperson Jordan stated that the curb appeal off of the 15 Freeway to Main Street is not esthetically pleasing and asked Public Works Director Seumalo if Caltrans can landscape that area. Public Works Director Seumalo stated that he would make the request to Caltrans, but noted that they don't have funding. He stated that the Public Works Department would try to find funding through grants and apply for an encroachment permit from Caltrans so that the City can landscape the area. Vice Chairperson Jordan also wanted to make sure that bike paths were designated as part of the future roadways in the Downtown Master Plan. Public Works Director Seumalo stated that staff would work with the Parks and Recreation Department regarding this issue. Chairperson Jordan thanked staff for all of the hard work on the General Plan and stated that she is very excited about the Downtown Master Plan and the Waterfront District. Commissioner Gonzales thanked staff for doing a marvelous job on the General Plan. Motion was made by Commissioner Gonzales, seconded by Commissioner Morsch to adopt Resolution No. 2011 -36, a Resolution of the Planning City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 6 of 7 Commission of the City of Lake Elsinore, California, recommending that the City Council of the City of Lake Elsinore, certify Recirculated Program Environmental Impact Report for the General Plan Update, Housing Element Update, Downtown Master Plan and Annexation No. 81 (SCH No. 2005121019), deleting Section 2.2 of the Climate Action Plan; Motion passed 4 -1. Motion was made by Commissioner Morsch, seconded by Vice Chairperson O'Neal to adopt Resolution No. 2011 -37, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending that the City Council of the City of Lake Elsinore, approve the Comprehensive Update of the General Plan, which includes the Housing Element Update, the Downtown Master Plan, the Key to Downtown Implementation Plan, and the Downtown Code; Motion passed 5 -0. Commissioner Gonzales thanked staff for all of their hard work on the General Plan and asked when staff would be presenting the General Plan to City Council. City Attorney Leibold stated that the General Plan will be presented to the City Council on Tuesday, December 13 Commissioner Gonzales asked Public Works Director Seumalo when they would be starting the house on Hunt Avenue. Public Works Director Seumalo stated that it is currently in design and will be started in one month. Commissioner Morsch welcomed Commissioner Blake. He asked City Manager Brady if the City would be maintaining ownership of the Boat Launch or is the City going to lease the concessionary services out or lease the entire facility out. City Manager Brady stated that the City's approach is to get the Boat Launch completed and put out a Request For Proposal for the operation, development and revitalization of the campground. The City will then look for someone to put a "Class A" type of Recreation /RV Park into the facility which will be brought to City Council for approval. Commissioner Morsch stated that his concern is that if the City executes a lease on behalf of the City, the City no longer has control of the facility. He explained that he is a big proponent of bringing solar to the community and believes that the parking lot at the Boat Launch would be an ideal location for solar, long term. Vice Chairperson O'Neal welcomed Commissioner Blake to the Commission. He stated that there is a house on Pinnell that is half built, graffitied, and is a potential safety hazard that either needs to be finished or demolished. City Manager Brady stated that he has instructed Code Enforcement to put this property into structure abatement and indicated that the City hasn't had any response back from the property owner. He also stated that eventually it will have to be torn down. Vice Chairperson O'Neal also stated that there is a platform on Haag that is dangerous and needs to be demolished and indicated that Building and Safety Manager Chipman is aware of this but it still hasn't been demolished. Additionally, Vice Chairperson O'Neal informed Public Works Director Seumalo that there was another accident at Riverside Drive and Gunnerson Avenue which is a very dangerous intersection. He also stated that City of Lake Elsinore Planning Commission Regular Meeting Minutes of November 15, 2011 Page 7 of 7 he believes Nichols Road is going to open soon and should be closed to truck traffic that should be diverted down the freeway for safety reasons. Chairperson Jordan welcomed Commissioner Blake and stated that she was impressed with his questions. She also thanked staff for all of their hard work on the General Plan. STAFF COMMENTS City Manager Brady thanked everyone who worked on the General Plan over the years which included members of the General Plan Committee, staff and Planning Manager Morelion. He wanted to thank, in particular, Planning Consultant Donahoe, Environmental Consultant MacHott, City Attorney Leibold and Public Works Director Seumalo. He also thanked outside consultants that helped work on the Housing Element and the Climate Action Plan. He welcomed Commissioner Blake to the Commission. Public Works Director Seumalo welcomed Commissioner Blake. Planning Consultant Donahoe thanked the Commission. Planning Manager Morelion thanked staff for their hard work on the General Plan and welcomed Commissioner Blake. CITY ATTORNEY'S COMMENTS City Attorney Leibold welcomed Commissioner Blake. ADJOURNMENT There being no further business to come before the Planning Commission, Chairperson Jordan adjourned the meeting at 7:46 p.m. to the next regular meeting of the Planning Commission of the City of Lake Elsinore to be held on Tuesday, December 6, 2011, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Warren Morelion Planning Manager Shelly Jodan Chairperson