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HomeMy WebLinkAboutItem No. 1aPage 1 of 10 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES APRIL 19, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, April 19, 2011, to order av p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore„ CA�r 2530. PRESENT: Chairman John Gonzales, Cal' misif er Shelly Jordan, Commissioner Rick Morsch. � missioner' chael O'Neal ABSENT: Vice Chairman Phil Also present: City Manager Robert Brady''ney Barbara Leibold Staff members present included late Plarhrke Agustin Resendiz, Planning Consultant Kirt Coury, Public Wo '` , Ken S__m, alo, and Office Specialist Kristine Herrington. I Jordan. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. PC June 7, 2011 Item No.1 a Page 1 of 10 Absent: Vice Chairman Mendoza Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 2 of 10 CONSENT CALENDAR ITEM(S) None. PUBLIC HEARING ITEMS) 1) Variance No. 2011 -01: A request for a Variance to deviate from the Lake Elsinore Municipal Code and the Canyon Creek "Summerhill" Commercial Recommendation: Adopt a resolution approving Variance sign to exceed the maximum sign and proposed Conditions of Appro hei City Manager Brady gave an overview Planner Resendiz to review with the P questions they may have. f1hom, Associate Planner Resendiz The Applicant, Chairman Mr. wording to Resendiz i 1 01 YcYermit the existing "WW- I on the`Fndings, Exhibits, and asked Associate sion and answer any to the Commission. t fie":ufient tiY to look at the sign and said that he the Canyo Hills Estates Road. Commissioner ie did not apply for the Variance before he put the hat it was a mistake. Jordan ��� quested that in Condition No. 6, correction of the "Holi I . s nn" instead of "Shopping Center'. Associate Planner )d the would revise. Commissioner Mcft''bh asked Mr. Trivedi if he made any efforts to gain a sign easement from the property owners that are on Canyon Hills Drive for a monument sign on the street and indicated that this would give the businesses more advertisement. Mr. Trivedi indicated that he has discussed this with the property owners and if the Commission granted him this, he would apply for a Variance. He also stated that he has spoken to the Association regarding the big freeway monument sign and would be coming back to the Planning Commission regarding taking down the Summerhill Commercial Center Sing. He will replace PC June 7, 2011 Item No.1 a Page 2 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 3 of 10 the Summerhill Commercial Center sign with the Holiday Inn Express Sign which the Association members granted. Commissioner Morsch asked Public Works Director Seumalo where the property line is in relation to the sidewalk. Public Works Director Seumalo indicated that he would follow up with Commissioner Morsch with the information. Mr. Trivedi indicated that he would work with staff regarding the easements and location of the monument sign. Commissioner O'Neal asked Mr. Trivedi how long the fifteen foot (15) sign has existed. Mr. Trivedi indicated that it was installed on February 23, 2011. Commissioner O'Neal also asked Mr. Trivedi w,n he applied for this. Mr. Trivedi indicated that Code Enforcement notified hi,y hat he had to apply for a Variance which he did immediately. Commiss��rr Neal indicated to Mr. Trivedi that he would approve the Variance but stre�ed #t't Mr. Trivedi needs to follow the codes of Lake Elsinore.r% Passed and adopted the following "Resolution No. 2011 -08 — A Resc City of Lake Elsinore, California, from the maximum sign hefgh monument standing sign for theF MOTION was Commissioner maximum sign standing sign ti f the ` 4 hing Commission of the v�g b ance No. 2011 -01 to vary Sion "s In association with a free Inn M ss Hotel. Hotel. and seconded by 11 -01 to vary from the with a free monument AYES: Chair "m °ah Gonzalorrarissioner Jordan, Commissioner Vice ABSTAIN: 2) Recommendation: It is recommended that the Planning Commission adopt a resolution approving Conditional Use Permit No. 2010 -06 and a resolution approving a Minor Design Review for the design of a Wireless Mono -Light Pole PC June 7, 2011 Item No.1a Page 3 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 4 of 10 Cellular Tower. This recommendation is based on the Findings, Exhibits and Conditions of Approval attached to the Staff Report. City Manager Brady provided an overview of the project and asked Planning Consultant Coury to review the Staff Report with the Commission and answer any questions they may have. Planning Consultant Coury provided an overview of the project. He noted that he did receive one (1) e-mail from a resident that expressed_ some concern about the transmission lines. He pointed out to the Comm structures are regulated by the FCC and has to meet the City has limited jurisdiction on providing this s- required as they are not handled through the 711 I through the FCC. He indicated that sta a" rf accordingly and recommended approval of th 1 oject. The applicant, Barbara Saito of T- Mobi�g indicated that she did not have a lot to a= noted that Mr. Coury did indicate to her that discussed previously. She statedtha, she did do meet the FCC ftp Al that the e Y uide 9 l�Si:X, q Commissioner O' rind located and sta - r the was Mr. Robert d. � Commis����f�J,q Condi*\ans of Ap:,ro al that that 1� that these types of dines. He noted that ditional studies were L handled federally and conditioned and address. She Youry's presentation. She ived the e-mail which was site information that shows looks appropriate for where it is that sent the e-mail to Mr. Coury for clarification of Condition No. 17 of the Works Director Seumalo clarified Condition No. Morsch icated that he understood that T- Mobile is leasing the Facility from-,-- the City`�id asked if there were Conditions with the Lease Agreement thanlghfluence the Commission's decision and Conditions that the CommissioNnn be looking at due to various issues of possible concern. Associate Planne Coury indicated that there is not an existing Lease Agreement and noted that they are working out the details, and waiting for the final approval of the project before they have the final agreement. City Attorney Leibold indicated that typically, the Lease Agreement is completed once the entitlements are completed. Therefore, there is not an existing Lease Agreement on this site. Commissioner Morsch asked how the Commission can make an evaluation of this project if they do not know what all of the Conditions are from Engineering, and in terms of an Agreement between the applicant and the City. He asked if the Commission has input regarding this. City Attorney Leibold indicated that the PC June 7, 2011 Item No.1a Page 4 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 5 of 10 role of the Planning Commission is with respect to the use, the design, and the Conditions of Approval, etc. which typically does not go to the Planning Commission but goes to City Council. Commissioner Morsch asked if the City runs the park now because the last title search that he ran, was owned by TT Group. City Manager Brady stated that when Tuscany Hills was developed, the ownership of the park was never turned over to the City and they are currently working through this to get it resolved. Commissioner Morsch indicated that he is concerne - emissions and knows that there is maintenance on these facilities an rated to know if there is testing that goes along with the maintenance to make that there are no stray emissions from this site(s). Ms. Saito indicated that they do have ma monthly to make sure that everything is fy equipment associated with this facility cal would reach that level of concern. Comrr is on a typical Cellular site. Ms. Saito different, based on their freque Cc concern is the school that is ne' "° (800) to nine hundred (900) kids th co I+ indicated that the reason that the e p residential area, nd# a lot there was an e - racy. - noted landlines and re h elv on th r. cell oh Commissioner Morsk there ar any Ir si e indi etl that there a on a' ual basis. I tests do: have fail Condition 'I ' he Con fact that therei„a s that she will neelF, that she has subrh categorically exempt. Commission has not burden on T- Mobile. Planning Commissio n Vince engineer kethe Facility yoning properly. S ted that the it produc he level of e 3 fissions that f ner sch asked what the range that every carrier range is mist er Morsch indicated that his and are about eight hundred very ptible to this. Ms. Saito he Ppo si here is because it is a e thfitrnt to reach their children if 0% of people are getting rid of their and need coverage in these areas. Mgt IWdcan Cancer Society suggests that if testing I e at the sites. He asked Ms. Saito if ng involved with relation to emissions. Ms. Saito rlsdictions, through their code, that require testing r; he noted that none of the cell sites that have had ed1Commissioner Morsch requested adding an additional dit(o�s of Approval to require an annual test because of the c f at the location of the cellular site. Ms. Saito indicated qYb parameters for that test and noted that the paperwork ed shows that by following the FCC guidelines, this facility is She also indicated that she is concerned because if the required this testing of other carriers, this puts an additional Commissioner Morsch indicated that he was not on the prior to other applications for carriers. Commissioner O'Neal indicated that the FCC does not allow the testing that Commissioner Morsch is suggesting and noted that the FCC regulates what happens in the air wave, not the City. Therefore, he is not certain that Commissioner Morsch can add this condition to the Conditions of Approval. PC June 7, 2011 Item No.1a Page 5 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 6 of 10 Chairman Gonzales indicated that the Commission never required other applicants to do this testing. Commissioner Jordan had no comments. Chairman Gonzales indicated that the FCC should handle this. Commissioner Morsch stated that he spent many years in communications and know that there are hazards associated with this and feels that it is warranted, although he stated that he would not hold up the project if the other Commissioners think it is a mute point. He stated, if there are maintenance people checking the systems, monthly, to make sure that they are in proper order this can preclude any testing. Ms. Saito indicated that the engineer comes in on a monthly basis and keeps it functional which would not breach the level of emissions nd indicated that they do have to continually file with the FCC that they are i =rnpliance with the FCC guidelines. Passed and adopted the following "Resolution No. 2011 -09 — A Resol City of Lake Elsinore, California, 2010 -06. MOTION was made by Commissioner Jordan to at Planning Coi�sion of the Co itionl Use rmit No. 11 PW Neal and seconded by Permit No. 2010 -06. AYES: Chairman_Gonzales," mma ''stofe"drdan, Commissioner NOES: ABSENT: Vice Resolution: "Resolutio#'No. 20114,01— A Resolution of the Planning Commission of the City of Lak&El alifornia, approving Minor Design Review for the T- Mobile Teleco tions Facility at the Tuscany Hills Park, MOTION was made by Commissioner Jordan and seconded by Commissioner O'Neal to approve Minor Design Review for the T- Mobile Telecommunications Facility at the Tuscany Hills Park. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None PC June 7, 2011 Item No.1 a Page 6 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 7 of 10 ABSENT: Vice Chairman Mendoza ABSTAIN: None 2) Conditional Use Permit No. 2010 -09 and a Minor Design Review for the Design of a Wireless Monooine Cellular Tower Recommendation It is recommended that the Planning Commission adopt.g6k esolution approving Conditional Use Permit No. 2010 -09 and a resolution approving a Minor Design Review for the design of a Wireless Mono pine `GellUlar Tower. This recommendation is based on the Findings, Exhibls an g nditions of Approval attached to the Staff Report. �_ City Manager Brady provided an overvi the project and a d Planning Consultant Coury to review the Staff R with thQlanning Cortitssion and answer any questions they may have. Aff Planning Consultant Coury prow 'O an overvie project. Chairman Gonzales asked Mr. Cow if tfi "a lican� ed the Acknowledgment of "Draft" Conditions of A royal nnin 3 'ta oury did receive it and apologized for not incg n theo� s` REQUEST TO SBLi4K ° ' �� The applicant, Marie'''` -gr ber epresenting AT &T Mobility indicated that th posi a ins a of the stealth wireless facility and expla' he ol - stealth monopine and the location of the wireless faci ' e stated t t1ey e with the Conditions of Approval. Commissions orsc asked Mr. Myers if it was possible to make the wireless facilities look m ` ' trees. Mr. Myers stated that great lengths have come with the progress "d providing them to look more stealth and discussed how they are being made to look like they blend into the pine needles located there. Commissioner Jordan asked Mr. Myers if they were planning on doing any grading to put the pre- fabricated building there. Mr. Myers said very minimal if any because the top of the site is flat so it is not necessary. Commissioner Jordan asked why there are no pre- fabrications or elevations of the building and the building is not shown on the picture. Mr. Myers indicated that they felt as though the location for the closest sensitive receptor was where the photos were taken from and at this distance, it is not visible. They also have it finished with an PC June 7, 2011 Item No.1a Page 7 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 8 of 10 aggregate concrete finish and painted dark brown which blends in with the natural landscape. Commissioner Jordan asked Mr. Myers if anyone will be able to see the building from the 15 Freeway. Mr. Myers indicated possibly, but with the design it will hopefully disappear into the setting of the background. Commissioner Jordan suggested revising Condition No. 20 and Condition No. 21 be clarified. Public Works Director Seumalo indicated that he would revise. Commissioner O'Neal asked Mr. Myers if AT &T Mobility uses any other designs for cellular towers, other than monopines. Mr. Myers inated yes and stated that there are various designs that they try to fit into sett s. : Passed and adopted the following Resolution: Resolution No. 2011 -11 — A Resolution oP/ann►ng Commission of the City of Lake Elsinore California app ` g Cond►t►ona/ , Permit No. 2010 -09 with changes that the Comm►ss�pn propod.�,, MOTION was made by Commissioner Jordan to a changes that the Commissl :h and seconded by Permit No. 2010 -09 with AYES: NOES: ABSENT: Vice Resolution: Commissioner "Resoluddh o. 2011 2� A Resolution of the Planning Commission of the 0` City of Lak moralifornia, approving a Minor Design Review for the AT &T Mob►lity 70 munications Facility at 28555 Cielito Drive. MOTION was made by Commissioner Jordan and seconded by Commissioner Morsch to approve a Minor Design Review for the AT &T Mobility Telecommunications Facility at 28555 Cielito Drive. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None PC June 7, 2011 Item No.1 a Page 8 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 9 of 10 ABSENT: Vice Chairman Mendoza ABSTAIN: None BUSINESS ITEMS None. PLANNING COMMISSION'S COMMENTS Chairman Gonzales asked Public Works Director property next door to his property where the water and said that he noticed sandbags were place Seumalo stated that he spoke to the reside these issues. STAFF'S COMMENTS Planning Consultant Coury had no Planning Associate Resendiz hat Office Specialist Herrington had no if he looked at the I the residents yard blic Works Director rtv and addressed City Manager Brady the G 's Spring festival and Egg Hunt will be on Saturday, Ap(�J 23, 2011 at q:00 am1agcated at McVicker Park. planer 'M``' h a < d City Attorney Leibold for clarification of Eminent of habitat a ity _ ney Leibold explained. Jordan HN no Commissione%�'Nea ecommended that staff hold firm regarding metal buildings that thy, _ Baseball Team wants to erect and noted that Walgreens has spent a lot 6 fti7oney on the design in that area. He also encouraged staff that the City should maintain local control regarding the regulation of the mining. City Manager Brady indicated that staff firmly believes in local control as well, and this is the position that the City is taking. The City will make every effort possible to maintain the local control with regards to the regulation of the mining. Public Works Director Seumalo indicated that staff has met with all of the mining operators, as well as with the Executive Official of the Mining Board regarding maintaining local control as the Lead Agency. City Attorney Leibold indicated that a Hearing regarding the mining issue is set for May 12, 2011, at the Cultural Center at 9:00 am. She also stated that it would be helpful to have testimony PC June 7, 2011 Item No.1a Page 9 of 10 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 19, 2011 Page 10 of 10 from the public encouraging the Board to step back and defer to the City and their jurisdiction. Commissioner O'Neal stated that it is not a good idea to send positions such as the Attorney's office positions out to bid due to various legal issues that are complex and require a certain level of experience in order to answer complex questions. CITY ATTORNEY'S COMMENTS City Attorney Leibold had no comments. ADJOURNMENT There being no further business to come ,^bef6re the Planai Commission, Chairman Gonzales adjourned the meeting 7:11 p.m. The next regular meeting of the Plann Elsinore is scheduled for Tuesday, May Center located at 183 N. Main Sttiet. Lak s!on of the City of Lake at 6:00 p.m. in the Cultural CA 92530. John Gon Chairman Robert A. Brady City Manager PC June 7, 2011 Item No.1a Page 10 of 10