HomeMy WebLinkAboutItem No. 1cMINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, JANUARY 5, 2010
CALL TO ORDER
Chairman Flores called the meeting to order at 6:00 p.
PLEDGE OF ALLEGIANCE
Vice -Chair Gonzales led the Pledge of
ROLL CALL
CHAIRMAN FLORES
VICE - CHAIRMAN GO
COMMISSIONER MEI
COMMISSIONER ON
COMMISSIONER ZAP
STAFF PRESENT
Tt ?Development Weiner, Deputy City Attorney
Engineer Seumalo, RDA Analyst Carlson, and
Donna Fra resident of Lake Elsinore invited the candidates running for the
Recall Electio ruary to a forum with the Citizen's Committee to be held on
January 21, 201 § t 7:00 p.m. in the Tuscany Hills Recreation Center. She also
spoke of the Pri cess Foundation which was formed to assist the restoration of the
Princess Boat which is currently docked on the lake. She stated the foundation is
selling pendants for $7 and applying for grants in order to help cover the costs
associated with the restoration of the boat.
Ted Thompson, resident of Lake Elsinore spoke of the high volume of off -road
vehicle traffic near his residence. He stated most of the off -road vehicles are coming
from Stoneman Street. He stated everyday cars are driving around the lake bottom
creating noise, dust, and dumping trash and requested information on ways to
mitigate the issues.
Agenda Item No. I C
Page 1 of
Planning Commission Meeting
January 5, 2010
CONSENT CALENDAR ITEMS)
1. Approval of Planning Minutes
Recommendation: Approve the following Minute(s):
a. December 1, 2009 Regular Planning Commission Minutes
MOTION was made by Commissioner Mendoza and
Zanelli to approve the December 1, 2009 Regular Plan.
AYES: CHAIRMAN FLORES
VICE - CHAIRMAN GC
COMMISSIONER ME
COMMISSIONER O'
C0MMISSIONER<Z°A
NOES: NONE
ABSENT: NONE
PUBLIC HEARING ITEM(S)
2.
Flores
at 6:20 p.m.
by Commissioner
ssion Minutes.
DirectW of Community ; Develbpment Weiner pointed out to the Commission a
correctio ' to the Staff (port on page 1 of 2. He noted the correction to state the
applicant is Randy Hrn He stated staff is requesting the item to be continued to
the regularly ss�edul Planning Commission meeting of February 2, 2010 in order
q o K
to allow staff t �aKdress anylall comments made by the Riverside County
Conservation Auority (RCA) regarding the proposed moto -cross facility as well as
to allow the applicant to provide an updated project description. He stated the City's
Building Official and the applicant are available to answer any questions the
Commission may have.
Randy Hiner, applicant for the Lake Elsinore Moto -Cross introduced himself to the
Commission.
Agenda Item No.
Page 2 of 7
Planning Commission Meeting
January 5, 2010
Commissioner O'Neal noted the paragraph in the Staff Report where it discusses the
scope and on -site operations of the proposed project and if staff could elaborate
further.
Director of Community Development Weiner replied by saying staff became aware
that the applicant had additional plans for the track. Staff felt it was important to take
a comprehensive approach on what is presented to the Planning Commission in
terms of a project description and requested the applicant to provide further detail.
Randy Hiner responded by saying it is hard for him to
have planned on doing. He stated as they move along
the facility; it gives them the opportunity to expand t,
may look into bringing in speedway bikes and to possiill
Commissioner Zanelli advised the Con
an off -road fan for many years and s
stated his concerns would be with the
applicant to follow the pre - established
include the information in the staff
Commission.
Commissioner Mendoza agreed
Chairman Flores asked the Director'of
an overview of the timeli,, e, with the CUF
\F �Z.
Director of Community De',lopment
was approved iri R ugust 2002 with the
there were some eictens�oro the app
with the tot two eXtensions; fh� to
August 2b07 stated CINo 2001 WX
CUPin August 2007\
the applicant in
the participants
n exactly what they
ns are presented to
ss. He stated they
rally track as well.
at he has been
i ndeavor. He
edquested the
a :, -; -<,
fire rescu and to
to "the Planning
on safety.
Weiner to provide
Weiner replied by saying CUP No. 2001 -05
Qup for a limited time. He stated
roval'and based on the language in the CUP
Maximum extension date would have been
-05 had language basically "sun- setting" the
Deputy City Attorney W in erswyk pointed out that a CUP vests land use rights to the
property er and the; rights runs with the land unless the rights are revoked or
suspended, he stated California State Law does not permit the "sun- setting" of
CUP's. Cali o
State e Law does permit cities to periodically review CUP's if there
a issues A er „giving appropriate notice, if the city believes there is reason to
consider the potential revocation or suspension of the CUP they must hold a public
hearing prior to making a decision. She stated to the extent that the conditions of
approval contained a list of conditions attached to CUP No. 2001 -05 which mentions
that the CUP shall expire after so many years, and that language is not enforceable.
The CUP continues to be in effect at this time and the conditions remain binding.
She stated Mr. Hiner is currently requesting from the Planning Commission a
modification of his existing CUP to expand operations beyond what was originally
permitted.
Agenda Item No.
Page 3 of 7
Planning Commission Meeting
January 5, 2010
Commissioner O'Neal asked if the only way to cease the business is by suspending
or revoking the CUP.
Deputy City Attorney Winterswyk replied by saying the only way to stop the current
activity is to either suspend or revoke the CUP.
Commissioner Zanelli asked if there was a change in the State Law which removes
the "sun set" clause on CUP's between the times this CUP was initially issued.
Deputy City Attorney Winterswyk replied, no there was not�S;he stated the law has
been consistent. The City's idea was to establish the strpcture`that was previously
mentioned, which is to impose a periodic review pero the CUP. There is no
���
evidence or communication that suggests this is e�tt�y what the City's intent was,
in drafting the condition is that way.
Commissioner Zanelli suggested having th
eliminate the confusion and at the same tir
way that at anytime the City may bring�ba
future when ever the Laing Homes project
mitigate noise in a feasible manner.
torney look ate conditions to
also like it to be w n such a
PJ6r, review. He , ed, in the
[Y would like to see ways to
Vice -Chair Gonzales asked the
side of the airport.
Randy Hiner replied
he also owrs`ft� property on the other
Vice -Chair Gonzpjbs asked)fthe original =CUP could be abolished and the new CUP
override it.
Director of Community bevel WAbiner replied by saying, if the Planning
Commission apprgves afWA0opts the new CUP, the new Conditions would take
Deputy City Attorney ntersWyk stated the existing CUP could be abolished and
issue a Yeti✓ CUP; no WA I
er it would in essence send us back to s uare one with the
applicati nprcess. It ould make more sense to keep the current CUP and add to
it.
Chairman Flores! ked if the current CUP is an approved CUP.
Deputy City Attorney Winterswyk confirmed yes. The language in the Condition of
Approval is of no effect. It does not have a legal force and the City can not enforce
that language against the applicant. The applicant has a vested legal right to
continue the use unless or until the City either suspends or revokes the CUP.
Chairman Flores requested any speakers to speak either for or against the project.
Agenda Item No. Ac
Page 4 of 7
Planning Commission Meeting
January 5, 2010
There being no speakers, Chairman Flores closed the Public Hearing at 6:49 p.m.
MOTION was made by Commissioner Zanelli and seconded by Commissioner
Mendoza to continue Conditional Use Permit No. 2001 -05 and Commercial Design
Review No. 2009 -03 to the February 2, 2010 Regular Planning Commission
Meeting.
AYES: CHAIRMAN FLORES
VICE - CHAIRMAN GONZALES
COMMISSIONER MENDOZA
COMMISSIONER O'NEAL
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
BUSINESS ITEM(S)
None
STAFF COMMENTS
Public Works Director /City Engineer
• He spoke of the Ca
Renovation which "I
the non turf areas;
Park and if there
for th dogs C s Irn1
include fencing `PI
Pat k uquld be abouty
Chairma7t, Flores ask
SeumaI stated there
once he speaks with tl
• He spoke of the „Lake
out for bid within then
on the following:
nprovement Project known` "as the Machado Park Restroom
°4; 4y and the "setta Canyon Park is near completion for
rr64 Flores as about the City Council approved Dog
«�
0 w king Mntains for the dogs. Public Works
,uma1�11,cb y saying the plans include a water spigot
Flees asked 'how large would the park be and would it
(6 - erctor /City Engineer Seumalo replied by saying the
(2) areas and the fencing would be five (5) feet in height.
about the trees. Public Works Director /City Engineer
Auld be a couple of trees and would provide more details
)roject manager.
re Drive paving at four corners and Viscaya which will go
month.
Director of Community Development Weiner commented on the following:
• He advised the Commission of the Final Draft of the General Plan Update which has
been issued to the Commission.
• He thanked the Planning and GIS Staff for the contribution of time and hard work
preparing the Draft General Plan. He stated the next step would be having the EIR
finished which should start sometime in February. Chairman Flores asked if the
public would have an opportunity to comment on the Draft General Plan. Director of
Agenda Item No. I C
Page 5 of 7
Planning Commission Meeting
January 5, 2010
Community Development Weiner responded by saying when the EIR has been
distributed, the public will have an opportunity to make comments.
PLANNING COMMISSIONER'S COMMENTS
Chairman Flores commented on the following:
• No comments.
Vice - Chairman Gonzales commented on the following:
• No comments.
Commissioner Mendoza commented on the
• He asked staff if the trucks carrying material were supposed to 'be stopped in
December when exiting La Strada. Public Works D(pector /City Engiiaeer�`Seumalo
stated the City Council in Closed Session „ .. ��royi, extension of to Strada's
Grading /Mining operation through January 26 90`Lnder the same condition that
they are allowed to grade through December.
• He asked the Director of Commu ty,,Developmen ` ..the Planning Commission's
recommendations included in the final Draft General Plan and if so, what was
changed. Director of Community velop” einer� responded by saying the
actual changes were not in the do men uwo_,eld be included at the Public
Hearings. He state sTaffr�yent throughhb"changes� hen it went to the City Council
which included c a ig6k0OAq ; Country Club Heights Master Plan, Lake
Front Residentizi(��esignatf�n and many changes to the northern portion of town
particularly Castl �& Cooky properties and Alberhill Ranch. He stated he could
generate a memo inclutlmgstaff reports and other data showing what the changes
were made
O'Neal commented pn the following:
• He askedstaff if there was any signage posted near the lake bottom that forbid any
off road driving or dumOing of trash. Director of Community Development Weiner
replied by'saying he doesn't believe there are any signs near the lake bottom.
Commissioner O'Neal stated he feels uncomfortable knowing that there isn't any
signage knowing of the concerns that are being presented before the Commission.
Director of Community Development Weiner stated he would notify the Director of
Lake and Aquatic Resources Kilroy. Commissioner Zanelli suggested contacting the
Sheriffs off -road patrol that covers the old -city land fill area. Director of Community
Development Weiner stated he will also direct the concerns of the Commission to
the Police Chief. Chairman Flores suggested notifying the Water District and the
Public Safety Advisory Commission as well.
Agenda Item No.
Page 6 of 7
Planning Commission Meeting
January 5, 2010
Commissioner Zanelli commented on the following:
• He thanked staff for their hard work and wished everyone a Happy New Year.
ADJOURNMENT
It was the consensus of the Commission to adjourn to the January 19, 2010, Regular
Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake
Elsinore, CA. 92530.
Chairman Flores adjourned the meeting at 7:04 p.m.
Respectfully Submitted,
DANA PORCH
OFFICE SPEC
0
TOM WEINEI
DIRECTOR OFl OMMUN,ITY DEVELOPMENT
Agenda Item No. 10-�
Page 7 of 7