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HomeMy WebLinkAboutItem No. 1bPage 1 of 11 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MAY 3, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, May 3, 2011, to order at ,f4'pm. in the Cultural ME Center, located at 183 N. Main Street, Lake Elsinore, "I' PRESENT: Chairman John Gonzales C(Smmissione Shelly Jordan, Commissioner Rick Morsch, �7aissioner Michael O'Neal ABSENT: Vice Chairman Phil Men ffi Also present: City Manager Robert Brady, Itorney Barbara Leibold Staff members present included:' ject Plannei Bustin Resendiz, Planning Consultant Kirt Coury, Public WorkROWNI dtor Ken Seurnal and Office Specialist ,% Kristine Herrington. �ez�� The Pledge of A1I" e W*Ipd by Commissioner Jordan. Present: Jordan Morsch O'Neal Absent: Vice Chairman Mendoza PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES ►7,10 � PC June 7, 2011 Item No.1 b Page 1 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 2 of 11 CONSENT CALENDAR ITEM(S) (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • March 1, 2011 MOTION was made by Commissioner O'Neal and seconded by Commissioner Jordan to approve the Planning Commission Minutes of March 1, 2011. NOES Morsch, Commissioner O'Neal ABSENT: Vice Chairman Mendoza ABSTAIN PUBLIC HEARING ITEM(S) 2) City Planner ago. .was staffs recommendation that this item be 2011. when this was submitted to the City. Project this was submitted approximately three (3) months MOTION was made by Commissioner Jordan and seconded by Commissioner O'Neal to continue Commercial Design Review No. 2011 -01; A request to establish and operate a 5,065 square foot Pharmacy and Medical Office Facility located at 16746 Lakeshore Drive to May 17, 2011. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None PC June 7, 2011 Item No.1 b Page 2 of 11 AYES: Chairman Gonzales, CommissioneNordarl "Commissioner Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 3 of 11 ABSENT: Vice Chairman Mendoza ABSTAIN: None 2) District of the Tuscany Hills Specific Plan City Manager Brady stated that this item was previously before the Commission for consideration and asked Planning Consultant Kirt Co o review it with the Commission and answer any questions. Planning Consultant Coury stated that this is a heard by the Planning Commission at the Marc an overview of the project and noted that ttlt some concerns for the Commission which MOw there was a concern about shared drive,,w � a as lot compatibility. He stated that the api associated corrections. Chairman Gonzales Acknowledgment of "Draft" Condlto s of Appn indicated no and City Attorney Le� I ' dicate( verbal acknowledgement during the��ps 1 acknowledgement. IVI pnfiriued iit It was originally ,1 2011, me 'ng. He provided were a fe s that raised d parcel map co tions. Also, I access for the perils as well 2 pi'd- submitted the map with "ed if there was a signed al %fe ning Consultant Coury haa plicant c an provide a be ed by a signed written Raymond Holts "indf4ed the he owns th �ijacent property at 5 Via Del Lago and indicated that he a0 -ii p the subdivision. They believe that it will sign�ifj" he I� j , t y t ct tlief?alues o r boring properties. He stated that when no d the gra be is house, he wasn't notified of any construction; so nt to City Hal pd sta " house, him that there was no building going on, other fli mother -in la q is rs. Therefore, he wanted to know when the permits were N and yu en the engineers found out that it was possible to put additional te ta ubdivide. City Manager Brady indicated that the homeowne get a grading permit and grade properties. However, at that time +asn't a request to subdivide that property. Commissioner Jordan asked if Mr�Holts is Mr. Pinnow's next door neighbor and Mr. Holts stated that he lives below him. Mr. Noble Tucker, MAI, SRA Appraiser indicated that he conducted a study; which was submitted to the Planning Division that concluded that the premium lot split into three parcels. In his opinion, it would not encourage other homeowners in the Tuscany Hills Estates to consider splitting their lots and wouldn't cause a basic change in the character of this area. PC June 7, 2011 Item No.1 b Page 3 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 4 of 11 Commissioner Jordan asked Mr. Tucker how he made this conclusion. Mr. Tucker indicated that it is not economically feasible for people to do and stated that he has researched every sale in this area. He noted that all of the detailed information is included in his report. Commissioner Morsch questioned Mr. Tucker's opinion regarding how he reached this conclusion. Mr. Tucker indicated that he has been an appraiser for twenty seven (27) years. He also noted that Mr. Pinnow's request to subdivide is within the Specific Plan guidelines and is a legally permissible use and financially feasible. Commissioner O'Neal asked Mr. Tucker if he lives in indicated that he does not live there. Commissioner Mr. Pinnow hired him to do this job. Mr. Tucker indicq Mr. Roy Singleton, 8 Via Del Lago, indicated adjacent to Mr. Pinnow's property. He discg Road, and also stated he bought his pro41� Lot ". He also indicated that when prope Hills. Mr. Tucker ked Mr. Tucker if e is atss the street and extensloq gf Via Del Lago Idea that he had an "Estate ID, he would AM sell this as an "Estate Lot ", not as a subdivision of hie (3 or_four (4) homes on this property. Commissioner Jordan indicated that shesppreciated clarification of the extension of Via Del Lago. Commisioner Morsch fished Mr. Singleton if he was going to subdivide his property . Mii'rr0leton mdlcatedno , Commissioner O'Neal asked Plan nfrt0 C s Koury if the Specific Plan states that the lots can-be, split into 5Allquare lots. Mr. Coury indicated that the Developm,, ff rds with) the Specific Plan states "allow for a minimum of 5,000, are fool of with an'erage of 5,500 square feet ". Mr. Tom Jacobson, ANef, x At indicated that this project meets the . requirem Plan referred to Code 16.20.020 regarding proper p'otectiono d stated that there has been no issues raised by any a homeown at t a public health issue. He also indicated that it meet consistenc ith t general pattern, and the property values will not be affecte He is fol ing the guidelines of state law. He asked that the Commissionw bjectiv ith regards to these issues and approve Mr. Pinnow's request. Mr. Don Porter, Jhdicated that he attended the March 1, 2011, Planning Commission meeting. He stated that it was wrong that one of the Commissioners discussed the de- annexation and requested that the Commission focus on the Tuscany Hills Specific Plan. He stated that he supports Mr. Pinnow subdividing his lots and encourages the Planning Commission to approve Mr. Pinnow's request. Ms. Diane Smith, 3 Via Del Lago stated that she is an attorney but doesn't practice Administrative Law and indicated that she did some research on the lot split, referring to Code 16.20.020 and vicinity and referenced Municipal Code PC June 7, 2011 Item No.1 b Page 4 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 5 of 11 17.76.060 which covers lot area. She indicated her interpretation of the codes but requested that the City Attorney clarify the definition of these codes. City Attorney Leibold indicated that any reference to Chapter 17, which is the general zoning ordinance for the City, is inapplicable to these properties because they are governed by the Tuscany Hills Specific Plan. Also, Ms. Leibold clarified the Municipal Codes. Ms. Smith commented that she bought these lots with the idea that they were "Estate Lots" and was told that they weren't going to be divided and believes that if Mr. Pinnow splits the lots into three (3) separate lots, it will diminish the values of the surrounding properties and will create a floodgate of people dividing up their property. Mr. Kevin Campion, spoke about the extension of e I Lago Road that was done by Curtis Development. He indicated that h ead tv��.(2) brochures which he distributed to the City Manager regarding th a 'yon La's ills Specific Plan dated 1990; RTC and Rancon represented ferenced o n the area as "Estate Lots ". He stated that he believes the City had so m= to deal with then, they didn't put these into the Tus' ills ''pecific Plan. Brady is aware of these brochures and should have so- ;n tai sidents a out them. Mr. Campion believes that Mr. Plnnpw presented a e presentation to the City and believes his grading plan should b _ evoked Chk ap ,Gonzales asked Mr. Campion if the brochures give the s' !I z ofl ie " e Lots ". Mr. Campion indicated that in the brochures that hpro takes a variable size (1.18 to 5.25 acres). Another igsue he had ass re g the burrowing owl and <� , indicated that he b @heves? that Mr. Pi ow got sway with grading a piece of property with habit on It Qp d 1 10 m% 4 Commissioner O'NeaI jated ;at t=e brochure that Mr. Campion handed out desc " "� four= "Es ts" and mentioned that with the addition of the division t our {`o longer be twenty four (24) "Estate Lots." Mr. CamOf indicated his orrect; it will be more than twenty four (24) "Estat " and adde hat it tes 57.8 acres. Commissione rda/aRed Mr. Campion how this would negatively impact him. Mr. Campion s t ouldn't negatively impact him but he believed that Mr. Pinnow deceived and is not doing the right thing. Ms. Janis Campion, the wife of Mr. Campion stated that in addition to what her husband said, her main concern was Municipal Code 16.20.020, which states that the lot must be compatible with the other lots in the area and any lot that is going to be changed has to be at least 75% of the adjacent property. If Mr. Pinnow is allowed to subdivide his property into three (3) lots, each of the three (3) lots will be far less than 75% of the adjacent property. She said he is trying to change an original lot which is a big difference in establishing whether it needs to meet that 75% criteria. PC June 7, 2011 Item No.1 b Page 5 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 6 of 11 Christopher Pinnow, the engineer that drafted up the plans for this project stated that he has heard a lot of concern about this lot being split into three (3) lots and it will open the floodgates to everyone in that location to split their lots. He commented that as an engineer licensed in the State of California, he has looked at the neighborhood and the lot sizes are various sized and are called "Estates" and "Estates" are one (1) acre or larger but the houses that are there, are very similar. He noted that it has to be recognized that the difference between what is perceived to be an "Estate Lot" and what actually is. He said that if someone else wants to split their lot, they could do that but it will take great expense and time and effort to do it and most likely won't be worth it a also addressed another issue that was raised regarding the extension le road by Curtis Development. He addressed the privacy issue of the neighbors if the lot is split, and indicated that privacy has never been g4lranteed by any property. He thinks this plan has been thought out well arid, the„ Planhib, Department has concurred that it meets all of the reauirementsAfk should be aboboved. Commissioner O'Neal asked Mr. Pinnovar oncefned him that eighbors don't want this project. Mr. Pinnow mdlcafedthfaai does cone n him that several don't; however, several do and are okay w, it He suggested regarding the privacy issue to put a fenceQ, and they d be willing to negotiate something like that. Commissioner Morsch discussed th Development and stat that accon no connection betty -i tensi< potential re- subd'." n that rtis N done prior to the de= � , exaf Mr a, 'qf,Via Lago Road by Curtis rmatioi that he gathered, there is reef and the re- subdivision or the done on that property had it been (reed. Mr. John 'cater the " a�Reard his name throughout the meeting regard subdivrrghls.� erty and stated that he has no intension of sub`n9 his proper�whic�i�1S3'1 acres of land. He stated that in the future, he would��,Ce to attaclfi anew garage to his home but he hasn't submitted any plans to ttfW,City for an additional garage, and doesn't know where people heard 41 . that he was donna to subivide, because he is not. Ms. Donna Holts; ' AV"ia Del Lago, indicated that she spoke at the last meeting and still agrees with her statements at that time. She indicated that in her perspective, the comment that Mr. Pinnow's attorney made is incorrect. She stated that the way her house is situated and the way they built their backyard with a pool, if he builds the property; it is on a hillside directly overlooking her property. Her property is currently worth a certain amount of money and if she tries to sell it, and there is a house there, her property will definitely be worth less. Mr. Doug Pinnow stated that he is the property owner that is requesting the lot split and indicated that he heard a number of comments slanted towards a PC June 7, 2011 Item No.1b Page 6 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 7 of 11 legitimate appraisal. He noted that possibly of an appraisal being done by a neutral party would have been more appropriate but there was no mechanism to pay for it. He stated that his intension from the beginning was to not only put in the tennis courts and sports courts but to split the lots and was advised to split them as soon as he can. His real intension which he indicated that he made clear to his neighbors before they deannexed from the HOA was that he would like to build a new house for himself on Parcel 2 because it has a far more superior view of Canyon Lake. He said he doesn't intend on taking the money and leaving, he intends on staying in the community. He stated he spoke to Tom Weiner who was the Community Development Director at; the time about the lot split before there was any machinery there to move so i t everyone knew what he was going to do, including his neighbor, Mr. Porter, Mr. Pinnow spoke regarding his submission of a., r of the City Planners and Engineering staff la'ok 'iit thinks that the City Planner did a good jots=becaw Hills Specific Plan allows for the 5,00 cres lot Planning staff said try and stay above an ae i because he was guided by the City to do this. opportunity when the street wad extended by without that extra 100 feet of frond 08 e wouldn't make the lot split. ? ; and having all cated that he even tnou� ne ,l uscany 7es, the Engirinng and 1K He took that advice ;fore he had an incredible Is Development because ,,,,hhed the opportunity to Commissioner J Indio that she ad done a lot of research on this and looked at all of he in t area, the Spp�ecific Plan, and the City Code. She indicated that her mat ,,A. dbr � die is the shared driveway and the consister�y new h¢xs with t�rrounding lots. She said that in looking at all o the other lr Phnrt -ws is the 4 largest and when he splits those up, he I ng to have the #hree ( smallest lots in the entire subdivision. Another concer has is thartost o Is neighbors are not in approval of this and they feel that i oing to affect their property value. By approving the lot split of three (3), it w pl encour` age the other property owners to do the same. She is in approval of a 110 lit. Mr. Pinnow addressed Ms. Jordan's comment that most of his neighbors are not in favor of this. He indicated that one (1) of his neighbors (Jack Bird) that was prepared to come to the Commission in support, is seriously ill and unable to attend. However, he can provide a statement to the Commission regarding this. The other person is a neighbor that he explicitly asked not to attend because he didn't want things to get volatile. She is politically active (Connie Soto). He also noted to Commissioner Jordan that shared driveways are all over Tuscany Hills and four (4) homes that are served by shared driveways are in Tuscany Hills Estates. He indicated that he has had discussions with his attorney for possibly making another Condition that would go along with the lot split that would reduce PC June 7, 2011 Item No.1 b Page 7 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 8 of 11 her concerns about the shared driveway issue. He stated that when the continuation of the project went on, he corresponded with Mr. Coury because there was a criticism made at the first hearing that there were very few people notified because of the 300 foot radius of notification was narrow and didn't include all of his neighbors. He suggested to Mr. Coury that he extend the distribution to all of the members of Tuscany Hills Estates. Commissioner Jordan indicated that at the last Planning Commission meeting, all of the Commissioners unanimously suggested that Mr. Pinnow revise his application to request subdivision into two (2) parcels Q0,mmissioner Jordon suggested that a two lot split would be compatible with the neighboring parcels and the Tuscany Hills Estates area. Mr. Pinnow stated i4hat he didn't disregard their suggestion. He thought that once the Comr ssion tepresenting the City, reviewed the material, the Commissioners wo, al¢e that there is a huge a potential liability issue if the Commission is gc differen nection from the advice that comes from the City's Planners m �a not d that a hoe ner is stuck in the middle; he followed all the rules a it � #ot it gcumented pproved. Also, the attorney stated that one (1) acre and bo�(zis'eonsidered state Lots . Also, the City of Lake Elsinore's Code states spetcally about "Estate Lots" and the minimum size for Estate Lotslis,,,zoned RE for Etesidential Estate is '/z acre, noting, even if it is not a part of the'us�aRy Hills Specific „P „lan. Chris Pinnow indicated that he took 1 at the plan to accomm . the Corr very difficult at its p < e e to do dad. Commissio - orsch iterate would take the risk t g ng apf very clear that they wa take the , t\nr ;(2jMot split ve i eno plan together to cliaie� that, r. M rh etion and did take a look n's re t with two (2) pads. It was 1 and wo d not be advantageous to his to r. Pinnow that they did know that they ova 5, cause the Commission did make it IOt Mr. Pinnow indicated that he did ut it was not feasible at this time to get a Commrgo.� er Morsch icate Nthat he disagrees with Mr. Pinnow and believes that it is simple tter at making it into two (2) lots. He stated that he reviewed the cany H Specific Plan and also the Conditions of Approval for the original tra p a didn't see any reference to these properties as "Estate Lots ". He indic - that splitting the lots in three (3) would devalue the neighboring grope., Jes. He addressed the common driveway issue and indicated that the City has nothing in the Municipal Code that deals with common driveways, and indicated that there are well known problems with shared driveways. He noted in the Specific Plan, it states "It is the intent of the Tuscany Hills project to be varied in character yet provides complimentary uses to existing and proposed project compounds ", and believes that the intent of the Specific Plan was to create an environment that has some variation to it. He agrees with Commissioner Jordan for a two (2) lot split, which would be compatible with Mr. Pinnow's neighbors and mimic the open space. He stated that he cannot endorse the three (3) lot subdivision. PC June 7, 2011 Item No.1 b Page 8 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 9 of 11 Commissioner O'Neal discussed private property rights. He indicated that this item will go directly to City Council and ultimately they can make a legal decision and the Planning Commission makes a recommendation. He stated that he would approve a two (2) lot split. He clarified his question regarding the appraisal, specifically to be on record, as to who was paying for the appraisal. He wanted to extend any apologies to Mr. Porter, if he in any way offended him. Chairman Gonzales indicated that he thinks that the three (3) lot split would decrease the overall value but would approve a two (2) loplit. Also he stated that he is opposed to the common driveway and indicatgd, t the has seen some serious problems with it. Passed and adopted the following "Resolution No. 2011 -13 — A Resoluti City of Lake Elsinore, California, recoth City of Lake Elsinore, adoption of findr Tentative Parcel Map No. 36304 is consist Multiple Species Habitat Cons e`;. tion Plan. r- MOTION was made by Co m is W , 101 Commissioner Jordan recommen ng f Lake Elsinore, ado p ' f finding t t Parcel Map No. 330 nsisten ith Species Habitat( Plan. AYES: Com ABSTAIN: The following ing Com . #sign of the the City C cil of the the nrolect" "known as the Western Riverside and seconded by uncil of the City of known as Tentative 1 Riverside Multiple loner Jordan, Commissioner was not approved: "Resolution No. 2011 -14 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore, approval of Tentative Parcel Map No. 36304 located at 7 Via Del Lago. MOTION was made by Commissioner Morsch and seconded by Commissioner Jordan recommending to the City Council of the City of Lake Elsinore denial of Tentative Parcel Map No. 36304 located at 7 Via Del PC June 7, 2011 Item No.1b Page 9 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 10 of 11 Lago as inconsistent with the general pattern of the Tuscany Hills Estates and having a negative impact on neighboring property values. AYES: Chairman Gonzales, Commissioner Jordan, Commissioner Morsch NOES: Commissioner O'Neal ABSENT: Vice Chairman Mendoza ABSTAIN: None Chairman Gonzales noted that this item will go when this item would be presented to them. noticed as to when this item will be going to Cit BUSINESS ITEMS None. STAFF COMMENTS Publics Works Director Seumalo reml ad �hd meeting to be held o rsda Ma j 114 20vi Center, located at 1 ain Street; Lake Elsmo agency status a ncour Jng everyone to attend. Planning Consultantloo�nts. Proiectlannerdiz ha d. o comments. comments. City comments. Council and asked ,Mr. Pinnow will be lion that there is a Mining 9:30 a.m. at the Cultural :, regarding the City's lead City Attorney Leibold indicated that if anyone has questions about the Hearing on May 12, 2011, with respect to mining, she and Public Works Director Seumalo are available. Commissioner Morsch wanted to send congratulations to all of the military for getting Bin laden and it was the Navy Seals that participated in the operation. PC June 7, 2011 Item No.1 b Page 10 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 3, 2011 Page 11 of 11 Commissioner Jordan had no comments. Commissioner O'Neal had no comments. Chairman Gonzales had no comments. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:58 p.m. The next regular meeting of the Planning Col Elsinore is scheduled for Tuesday, May 17, 201 Center located at 183 N. Main Street, Lake Elsino Respectfully Submitted, Kristine Herrington Office Specialist Attest: of the City of Lake p.m. at the Cultural PC June 7, 2011 Item No.1 b Page 11 of 11