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HomeMy WebLinkAbout04-20-2010 NAHPage 1 of 12 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES APRIL 20, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, April 20, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Flores, Vice-Chairman Gonzales, Commissioner Mendoza, Commissioner O'Neal, Commissioner Zanelli ABSENT: Also present: City Manager Brady Staff members present included: Senior Planner Harris, Associate Planner Resendiz, Redevelopment Agency Analyst Carlson, Public Works Director Seumalo, and Office Specialist Porche'. CALL TO ORDER (6:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chairman Gonzales. ROLL CALL All Commission members were present. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ms. Gale Robbins stated that she has been a Lake Elsinore resident for 17 years and indicated that this was the first Planning Commission meeting that she has attended. She stated that the reason that she was attending the meeting was that she read an article in the paper stating that the City was contemplating banning chain link fences for residential homes and questioned why the City would prohibit something that is functional, practical, and that serves a purpose. She also believes that chain link fencing is an affordable option and does not think it should be banned. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 2 of 12 CONSENT CALENDAR None. PUBLIC HEARING ITEM(S) (1) Mitigated Negative Declaration No. 2008-09. Tentative Parcel Mao No 35819, and Industrial Design Review No. 2008-01 for Collier Avenue Automotive Center Recommendation(s): (a) Approve Resolution No. 2010-_ recommending to the City Council approval to adopt findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP), (b) Approve Resolution No. 2010- recommending to the City Council approval of Mitigated Negative Declaration No. 2008-09, (c) Approve Resolution No. 2010-_ recommending to the City Council approval of Tentative Parcel Map No. 35819, (d) Approve Resolution No. 2010-_ recommending to the City Council approval of Industrial Design Review No. 2008-01. City Manager Brady provided an overview of the project and requested that Planning Consultant Coury review the project with the Commission and answer questions. Planning Consultant Coury provided an overview of the project to the Commission and indicated that the applicant was in attendance and requested modification to Condition No. 37 of the Conditions of Approval relative to the construction hours. The Condition read Monday through Friday and the applicant requested to add Saturday to the Condition. The applicant, Carl Johnson, gave his name and address. He requested that Condition No. 37 regarding hours of operation be modified as previously discussed and also requested an extension due to the real estate market. Vice-Chairman Gonzales indicated that he visited the property site and the flooding issues have been resolved. He also said that he is in favor of extending construction to include Saturdays. Commissioner Mendoza stated that he is in favor of construction on Saturdays, and indicated that the project looks good. Commissioner O'Neal indicated to Mr. Johnson that it is a great project and also has no problem with construction on Saturdays. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 3 of 12 Commissioner Zanelli indicated to Mr. Johnson that he has no problems with the project and has no objection to extend construction hours to. also include Saturdays. Chairman Flores asked if there would be sidewalks, curb and gutter on El Toro cut off road. Mr. Johnson indicated yes. Passed and adopted the following Resolution: "Resolution No. 2010-15 - 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 Findings that the project known as Industrial Project No. 2008-01 is Consistent with the Western Riverside Multiple Species Habitat Conservation Plan. MOTION was made by Commissioner Zanelli, seconded by Commissioner Mendoza and unanimously carried recommending to the City Council of the City of Lake Elsinore Adoption of findings that the project known as Industrial Project No. 2008-01 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan. AYES: Flores, Gonzales, O'Neal, Mendoza, Zanelli. NOES: None. ABSENT: None. Passed and adopted the following Resolution: "Resolution No. 2010-16 - 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 Mitigated Negative Declaration No. 2008-09 for the Collier Automotive Project. MOTION was made by Commissioner Zanelli, seconded by Commissioner Mendoza and unanimously carried recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2008-09 for the Collier Automotive Project. AYES: Flores, Gonzales, O'Neal, Mendoza, Zanelli. NOES: None. ABSENT: None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 4 of 12 Passed and adopted the following Resolution: "Resolution No. 2010-17 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore, California approval of Tentative Parcel Map No. 35819. MOTION was made by Commissioner Mendoza, seconded by Commissioner Zanelli and unanimously carried recommending to the City Council of the City of Lake Elsinore, California, Tentative Parcel Map No. 35819. AYES: Flores, Gonzales, O'Neal, Mendoza, Zanelli. NOES: None. ABSENT: None. Passed and adopted the following Resolution: "Resolution No. 2010-18 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore, California approval of Design Review for Industrial Project No. 2008-01. MOTION was made by Commissioner O'Neal, seconded by Commissioner Mendoza and unanimously carried recommending to the City Council of the City of Lake Elsinore, California, approval of Design Review for Industrial Project No. 2008-01. AYES: Flores, Gonzales, O'Neal, Mendoza, Zanelli. NOES: None. ABSENT: None. City Attorney Leibold noted to Chairman Flores for purposes of clarification to include the modification to Condition No. 37. Chairman Flores noted to include modification to Condition No. 37 to allow construction to continue on Saturdays. (2) Zoning Ordinance Text Amendment No. 2010-02: The City of Lake Elsinore is proposing to modify Section 17.44.130(D) of the Lake Elsinore Municipal Code (LEMC) to prohibit the use of Chain Link Fence as an acceptable Fencing Material in Association with Detached Single-Family Residential Development Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 5 of 12 Recommendation: Adopt Resolution No. 2010- recommending to the City Council. approval of Zoning Ordinance Text Amendment No. 2010-02 and the adoption of the Negative Declaration. City Manager Brady gave an overview of Zoning Ordinance Text Amendment No. 2010-02 and the request for modification regarding Chain Link Fencing in the City of Lake Elsinore and asked Associate Planner Resendiz to review the request with the Commission. Associate Planner Resendiz reviewed Zoning Ordinance Text Amendment No. 2010-02 regarding Chain Link Fencing in the City of Lake Elsinore to the Commission. REQUEST TO SPEAK Gail Robbins, stated her name and address. She indicated that she thinks it is unnecessary to prohibit chain link fencing in the City, and although it may not be aesthetically beautiful, it was designed to be sturdy and practical. Vice-Chairman Gonzales indicated that aesthetically it depends on how residents take care of their fences, and does not think the City should prohibit chain link fencing. Commissioner Mendoza agreed with Vice-Chairman Gonzales with the exception of new development areas. Commissioner O'Neal suggested that an Ordinance needs to be in place that states the kind of fencing materials that the City finds acceptable, and lists the acceptable fencing for approval. Commissioner Zanelli agreed with Commissioner Mendoza and indicated that residents that already have a chain link fence that needs to replaced, should be able to replace with the same type of fencing. Chairman Flores asked if the Home Owner's Association (HOA) prohibited chain link fencing at the time of purchase, for example, residential areas such as Canyon Hills Estates, Rosetta Canyon, Tuscany Hills and other larger developments. City Attorney Leibold indicated that a proposed Ordinance would apply Citywide, and an HOA would not be able to prohibit chain link fencing unless there is an Ordinance in place. Commissioner Zanelli suggested leaving this issue of chain link fencing to the discretion to the Community Development Director based upon the location of the home. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 6 of 12 The Planning Commission agreed with Commissioner Zanelli that approval of chain link fencing would be approved administratively by the Community Development Director. (3) Continuance of Status Report and review of Conditions for the existing Lake Elsinore Motocross Facility Conditional Use Permit No. 2001-05 Recommendation: Staff recommends that the Planning Commission consider the Status Report for the Conditions of Approval associated with Conditional Use Permit No. 2001-05 and direct staff as deemed appropriate. City Manager Brady gave an overview of the Status Report, and indicated that the applicant, Randy Hiner was not available to attend the previous Planning Commission meeting but was currently in attendance and asked Senior Planner Harris to review this item with the Planning Commission. Senior Planner Harris indicated that the Commission did consider this item at their last meeting of April 6th, and Mr. Hiner was not able to attend that meeting due to a family emergency and after discussion, the Commission voted to continue the matter so that he could be in attendance to discuss the various issues associated with this matter. The applicant, Randy Hiner gave his name and address. Commissioner Zanelli asked Mr. Hiner what the current status was of the Conditions of Approval that were agreed upon at the opening of the facility. Mr. Hiner indicated that he is in compliance with most of the Conditions of Approval and indicated that he would discuss the status of the following Conditions with the Commission. Condition No. 2: • Permit should expire within three (3) years. He indicated that this was not a valid Condition due to the fact that there was no sunset clause on the CUP. Condition No. 3: • The applicant shall demonstrate full compliance with all Conditions. He indicated that they complied with all forty-four (44) Conditions. Condition No. 4: • The applicant shall be required to conduct Noise Studies annually. Mr. Hiner indicated that he did not do them annually due to a cost standpoint and noted that there were no complaints by residents in the area. He indicated that (2) Noise Studies were done. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 7 of 12 Condition No. 5: • The applicant shall be required to conduct Air Quality Studies, annually. He indicated that an Air Quality Study was submitted after the first year of operation. Condition No. 6: • Required to have twenty-six (26) employees on staff. Mr. Hiner indicated that he had a verbal agreement with the previous Community Development Director, Armondo Villa and Mr. Villa and he agreed that the number of employees was extraneous and a verbal agreement was made regarding the number of proper staffing. Commission Mendoza indicated that this Condition should be re-written due to the fact that verbal agreements are not binding and that Mr. Villa is no long with the City. Chairman Flores requested the status of Condition No. 5 regarding Air Quality Studies and additional studies were not provided. Mr. Hiner indicated that they passed the air quality monitoring by the Air Quality Management District. Chairman Flores stated that according to the Condition to date, there were no costs that had been placed or used regarding air quality. Condition No. 7: • It will be necessary to relocate the pay booth to an elevation of 1,267 msl or above. Mr. Hiner indicated that it was his understanding from the Army Corp of Engineers and the previous City Engineer, Ray O'Donnell, that if the pay booth could be moved within seventy-two (72) hours, it was deemed to be temporary. Condition No. 8: • The applicant shall post a cash bond in the amount of $5,000 to guarantee proper removal of structures, artifacts, and equipment utilized at the site. Chairman Flores asked staff if there is a cash bond in the amount of $5,000 to guarantee the proper removal of the structures in place. Senior Planner Harris indicated that there was a total of $40,000 in bonds which was refunded to Mr. Hiner who subsequently put in $22,500 for environmental review CRS 1483. Commissioner Mendoza requested that the Commission review only those Conditions that they have a concern about, and skip the Conditions that Mr. Hiner is in compliance with. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 8 of 12 Condition No. 9: • The applicant shall post a cash bond in the amount of $15,000 to guarantee proper reversal of all grading at the site. Mr. Hiner discussed in length the issues regarding the cash bonds that he provided to the City. Chairman Flores requested that City Attorney Leibold clarify the bond issue in order to keep the CUP active. City Attorney Leibold indicated that the decision to keep the CUP is at the discretion of the Planning Commission, and if Mr. Hiner appeals the decision to City Council, the funds will be held on deposit through-out the operation of the use. Commissioner Zanelli discussed the issue of the cost of remediation of land for adjacent land owners if the land and the soil are contaminated and what the cost would be to restore the land to the original condition. He also asked who would be responsible for this; Corp of Engineers, or another Agency beyond the City's scope. Public Works Director Seumalo indicated that when the land is being used for a certain purpose, it is allowed to be changed and indicated that the Condition states that if the applicant's deposit does not cover returning the land to its original condition that the City can step in and fund this. Commissioner Zanelli asked that the Condition regarding road paving and if it would be able to handle fire apparatus for rescue purposes. Mr. Hiner indicated that they put in a road that is an all weather, all errodible surface for fire access and has been approved by the Fire Department. Commissioner Mendoza wanted to confirm that Mr. Hiner is in compliance regarding noise study, dust study, traffic control plan, and bonds, etc. Attorney Leibold indicated that the City has recommended imposing a term of years for the CUP and explained that it is a period review and the applicant can revisit the appropriateness of the use and the compliance with the Conditions. She noted that the revocation, suspension or modification requires a Public Hearing and Mr. Hiner has a Business Item to consider compliance. Mr. Hiner indicated that he received a letter from Rolfe Preisendanz, the previous Community Development Director indicating that there was nothing apparent in the letter that said that they would be brought back for compliance, he stated that he understood the letter to read, submit a new CUP or the City will enforce to Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 9 of 12 shut the Motocross Facility down. He indicated that it caused him to go into a new CUP with new environmental concerns which cost him $80,000 to $100,000. Commissioner Zanelli asked Mr. Hiner why the current issues that he is discussing did not come up two (2) years ago, and asked him why there was not a copy of insurance certificate on file. Mr. Hiner stated that the certificates of insurance are currently on file. Commissioner Mendoza indicated that Mr. Hiners CUP will not be in compliance if all of the Conditions of Approval are not met, therefore, he suggested bringing this item back as a public meeting to confirm that he is in compliance with all Conditions. Chairman Flores concurred with Commissioner Mendoza, and indicated that he would like to see the Motocross Facility still operating in the City and asked Mr. Hiner how long it would take to comply to the Conditions discussed. Mr. Hiner indicated that the Conditions that haven't been complied to relate to grading/engineering. Chairman Flores asked Senior Planner Harris if the Environmental Impact Report that was pending is now completed. Senior Planner Harris indicated that the CEQA document in association with the new proposed permit to modify the facility went out for review and is now closed, and he indicated that staff received comments back which they are responding to. Chairman Flores asked Mr. Hiner if he still wanted to modify the CUP Mr. Hiner stated yes and the language needed to be modified. He indicated that he had a verbal agreement with the previous Fire Chief regarding Emergency Medical Technician (EMT) at the location. Commissioner Zanelli indicated to Mr. Hiner that it is not within the Fire Chiefs authority to make decisions relating to Conditions and this should be presented to the Planning Commission for approval. Commissioner Zanelli asked Public Works Director Seumalo if grading plans need to be submitted to Engineering. Public Works Director Seumalo indicated that staff reviewed the Conditions and there are no grading plans on record, however, they will be required because the project is in the back basin area. He stated that the City is coordinating with Army Corp of Engineers regarding elevation, and drainage patterns to make sure the area is not impacting property owners. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 10 of 12 Commissioner Zanelli stated that he attended the last Lucas event and indicated that upon leaving, there was no traffic control on Corydon which posed a traffic hazard and recommended that any future events have a traffic plan. Vice-Chairman Gonzales asked Mr. Hiner if the previous Fire Chief approved the EMT at the facility in writing. Mr. Hiner stated that it was a verbal agreement between him and the previous Fire Chief. Commissioner Zanelli asked Mr. Hiner about the lighting at the facility. Mr. Hiner indicated that the new CUP had a request for lighting and they were using portable light standards, until permanent lighting is installed. Commissioner O'Neal had no comments. Commissioner Mendoza asked Mr. Hiner if he had fire rings in the new CUP that was submitted. Mr. Hiner indicated that that there was no mention of fire rings in the new CUP. Commissioner Mendoza indicated to Mr. Hiner that all Conditions need to be in compliance so that the Motocross Facility can continue operating. MOTION was made by Commissioner Mendoza, seconded by Commissioner Zanelli and unanimously carried to bring back the Business Item to the Planning Commission as a Public Hearing within thirty (30) days to comply with Modifications to the Conditions of Approval for the Motocross Facility. AYES: Flores, Gonzales, O'Neal, Mendoza, Zanelli. NOES: None. ABSENT: None. Commissioner Mendoza indicated to Mr. Hiner that it would be in his best interest to show intent to complete the modifications to the Conditions once this is brought back to the Commission. Commissioner O'Neal asked if the City accepts Surety Bonds. City Manager Brady said the City accepts Surety Bonds. Commissioner Zanelli asked why there was no advertising in the City for the Sand Drag Races. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 11 of 12 Mr. Hiner stated that there was sand drag racing in the City, and it will be coming back to the City. STAFF COMMENTS Public Works Director Seumalo reminded everyone that it is Administrative Appreciation Day on April 21St Associate Planner Resendiz had no comments. Redevelopment Agency Analyst Carlson had no comments. Senior Planner Harris had no comments. Office Specialist Porche' had no comments. City Manager Brady stated that it is a pleasure to be back with the Planning Commission. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. PLANNING COMMISSION COMMENTS Vice-Chairman Gonzales asked Public Works Director Seumalo when four corners would be paved. Public Works Director Seumalo indicated that they are going through the permitting process through Cal-Trans and bidding is scheduled for June, and construction is scheduled for July. Vice-Chairman Gonzales asked Public Works Director Seumalo who is in charge of cleaning out the outlet channel. Public Works Director Seumalo indicated that it is Riverside County Flood Control, and he would follow-up with them for clean out. Commissioner Zanelli thanked Senior Planner Harris for all of his work with the Motocross Facility. Commissioner O'Neal requested clarification from City Manager Brady regarding drought tolerant landscaping for the development of Pardee Homes. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 20, 2010 Page 12 of 12 City Manager Brady indicated that Pardee Homes installed Smart Living landscape at their model homes and suggested that the Commission takea look at the landscaping, and if this is something that they like, Pardee Homes is ready to move forward. Chairman Flores agreed with Commissioner Zanelli regarding advertisement of Special Events happening in the City. ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 7:37 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, May 4, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Ji y Flores airman Respectfully Submitted, ~~t~y~t/moo. TJQ/'1.,Rha'r~ Kristine Herrington U Office Specialist Attest: 4 obert A. Brad ity Manager