HomeMy WebLinkAboutItem No. 1Page 1 of 13
CITY OF LAKE ELSINORE
PLANNING COMMISSION MEETING
MINUTES
JUNE 15, 2010
CALL TO ORDER
Chairman Flores called the regular meeting of the
Commission held on Tuesday, June 15, 2010 to order
Center, located at 183 N. Main Street, Lake Elsinore, I
PRESENT: Chairman Flores, Vice -Chaff
Mendoza, Commissioner O'
ABSENT:
Also present: City Manager Brady, City
Staff members present inclu
Coury, Public Works Director
The
91
None.
CONSENT CALENDAR
None.
PUBLIC HEARING(S)
Elsinore Planning
p.m. in the Cultural
Zanelli
>, Planning Consultant
ist Porche'
rman Gonzales.
(2) Specific Plan No. 2010 -01 Amendment No. 3 to the Canyon Hills Specific
Plan
PC August 17, 2010 Item No. 1
Page 1 of 13
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 2 of 13
Recommendation:
a. Approve a resolution recommending that the City Council make
Findings that the project is consistent with the Multiple Species Habitat
Conservation Plan (MSHCP),
b. Approve a resolution recommending to the City Council approval of
Addendum No. 3 to the Final Environmental Impact Report to the
Canyon Hills Specific Plan,
c. Approve a resolution recommending to the City Council approval of
Amendment No. 3 to the Canyon Hills Specific Plan.
City Manager Brady provided an overview of
that Planning Consultant Coury review it witF�tl
questions.
Planning Consultant Coury pr
Commission and indicated that
The applicant, Mike Taylor of
address. He stated that a year
some concerns about higher, d
They revised Phase 7 and >down
and indicated that the unit cdunt
Planning
in the de
#3.
Mr. Taylor "`in`dica
twenty (20) years.
overview of'1,0
it was present.
and requested
on and answer
to the
Park Horses, stated his name and
ago th y u✓re in Phase 6 and there were
ensity at t>je eastern end of the project.
red the area to Railroad Canyon Road
for tjentlre plolect remains the same.
t, des Cr 'Tthe visual change in the landscape
in Phase 8, m the proposed Specific Plan, Amendment
F;
rellr Planning Consultant Coury for his
inked Mr. Taylor for his efforts.
V what the original Development Agreement
indicated that the date of the original Development
which was amended and approved by City Council.
that the term of the extension was an additional
Commissioner O'Neal asked City Attorney Leibold what the legal definition
was of a Development Agreement.
City Attorney Leibold explained the legal definition as a statutorily
permitted contract as between the City and a developer that is intended to
provide certainty in the developmental process and the CEQA process
related to the Development Agreement.
PC August 17, 2010 Item No. 1
Page 2 of 13
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 3 of 13
Commissioner O'Neal asked Mr. Taylor to explain the drought tolerant
landscaping and density transfer with respect to the prior project and the
current project.
Mr. Taylor described the Living Smart Product and indicated that they
worked with staff to significantly reduce the amount of turf area in the front
yard to approximately 300 square feet of grass and made the balance of
the front yard all drip irrigation as well as drought tolerant landscape
design for low maintenance, and low water usage design for the home
owner and indicated that they would be introducingthis product in Phases
5, 6, and 7, if desired and noted that the Speclf�c Plan encourages drought
tolerant landscape.
Commissioner O'Neal stated that the Lt� smart product would be great
for future projects. ' 0
..a .
Mr. Taylor stated that as part of''th Developl�l /pnt Agreeme extension
that was discussed in December 39 9, Pattie made a commitment,
regardless of the cost to develop a community park to include baseball
and soccer fields and other apienitles Me also noted that they were
working with the Water disinc, develop a water wise demonstration
garden to educate citizens obk,hovloo conserve water in landscaping.
City Attorney �ibold istate 'hen the City Council approved the
Amend mehtNAWthe DevblopmerSt�Rgreement, Pardee Homes did provide
considera #Ion for City benefit with` respect to the park, and other issues.
'e tatevd his= concern of traffic congestion due to
to be installed on Railroad Canyon Road once
M
Works Director'Seumalo indicated that the signal lights will be
ated and tiey will be 500 to 800 feet apart.
had no comments.
Passed and adopted the following Resolution:
"Resolution No. 2010 -29 — 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
Canyon Hills Specific Plan Amendment No. 3 is consistent with the
Western Riverside Multiple Species Habitat Conservation Plan.
MOTION was made by Vice - Chairman Gonzales, seconded by
Commissioner Zanelli and unanimously carried by all present to
PC August 17, 2010 Item No. 1
Page 3 of 13
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 4 of 13
recommend to City Council of the City of Lake Elsinore, adoption of
findings that the project known as Canyon Hills Specific Plan Amendment
No. 3 is consistent with the Western Riverside Multiple Species Habitat
Conservation Plan.
AYES: Flores, Gonzales, O'Neal, Zanelli, Mendoza
NOES: None.
ABSENT: None.
ABSTAIN: None.
Passed and adopted the following Resoluti
"Resolution No. 2010 -30 — A Resolutions Planning Commission of the
City of Lake Elsinore, California, recoririending to the Crt}��' of the
City of Lake Elsinore adoption of findings to cent &Addendu nqq . 3 to the
Final Supplemental Environmental Impact Repo State Clearinghouse No.
87111606).
Motion was made by Commissb
Zanelli and unanimously carried
Council of the City ,of,, Lake E
Addendum No. 3 to,ih6' *F,inal Su
(State Clear! nghouse`No. 8711160
0
ABSTAIN`�K`fa None.
Passed an
ded by Commissioner
mmending to the City
K findings to certify
mental Impact Report
O'Neal, Zanelli, Mendoza.
following Resolution:
"Resolution No. 2010 -31 — 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 Amendment No. 3 to the Canyon Hills
Specific Plan.
Motion was made by Commissioner Zanelli, seconded by Commissioner
O'Neal and unanimously carried by all present recommending to the City
Council of the City of Lake Elsinore adoption of findings to certify
Addendum No. 3 to the Final Supplemental Environmental Impact Report
(State Clearinghouse No. 87111606).
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 5 of 13
AYES:
Flores, Gonzales, O'Neal, Zanelll, Mendoza.
NOES:
None
ABSENT:
None.
ABSTAIN: None.
(4)
Facility
Recommendation:
a. Staff recommends that the Plan
Conditions of Approval for CUP ; I
Immission apopgve the revised
1 -05 as listed in Attachment A.
b. Staff recommends that the
outstanding Condition of Appr
deemed appropriate.
City Manager Brady
Planning Commiss�c
with the Comm ' 'si6f
'Commission review the
Report and direct staff as
from the May 18
;r Harris to review
Senior Pl er Harris Indicated that, taking testimony and discussing
each of th` Conditions associaQ',, with the Permit, the Commission
y �� r...
direc to continue' °tihe�fe� tg�'June 15
t staff meeting in order to review
and pry, d forrrjal approval o revised Conditions of Approval, and to
el
i$V'16w till tus of all Conditions of Approval that remain in non -
c,ompliance antl the Plicant's progress towards completion and /or
satisfaction of those tions. He indicated that staff has prepared the
revi th sed Conditio of Approval, consistent with the May 18 Planning
Comrr> sion mew , g and a status report which discusses each of the
Conditis of Approval that were in non - compliance as of May 18 . He
noted that was made to Mr. Hiner's home of the staff report, and
spoke to Mr. Hiner about the item going back to the Planning Commission
on June 15 and indicated that Mr. Hiner was not in attendance.
Vice - Chairman Gonzales noted that the following Conditions were not in
compliance:
Conditions 8, 9, 10, 18, 20, 25, 28, 29, 32, 35, 37, 38, 40, 42, and 43.
The Condition that is in compliance is:
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 6 of 13
Condition 21.
Commissioner Mendoza stated that he recommended a suspension of the
Conditional Use Permit for sixty (60) days until Mr. Hiner complies with the
outstanding Conditions.
Commissioner Zanelli asked for clarification of Condition No. 24 regarding
Emergency Medical Technician on site.
Senior Planner Harris stated that he would modify the Condition to read
Basic Life Support Ambulance.
Commissioner Zanelli asked Senior Planner „k is if he was able to
identify Motocross staff working at the Motocross Pgil,ty.
Senior Planner Harris indicated that "'visiting the tra.,__previously, he
/ / %
noticed that one gentleman was a ergency Medical Technician (EMT)
but didn't notice Motocross staff.
Commissioner Zanelli stated that
that Motocross staff are tobe;ider
ndition requirements was
Commissioner Mendoza Indicated that the reason that he was
recommending a slaty (60) day sus,p I j�is fhat the Commission has
been very lenient with; Mr. Hiner d” he is d appointed that he is not in
Commisslo er.O'Neal � clarification on Conditions 8, 9 and 10
and stated that< was'difftcult for him "'to hold Mr. Hiner responsible for this
when Itstates tfi'at:the property of Iner is held responsible.
property 6w" ner shaIF provide a signed and notarized letter which
is an agrertent to guarantee the proper removal of structures,
s11s, and eaudment utilized at the site.
The proper"°owner shall provide a signed and notarized letter which
affirms our agreement to guarantee the proper reversal of all grading at
the site. In addition, upon termination of use, all jumps, ramps, and
grading shall be flattened to reflect original conditions.
Condition No. 10
The property owner shall provide a signed and notarized letter which
affirms an agreement to guarantee removal of potentially contaminated
soil.
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 7 of 13
Commissioner Mendoza clarified that the property owner shall provide a
notarized letter which affirms an agreement to guarantee that the Lessee
is responsible for the clean up and indicated that Mr. Hiner said that he
would talk to the property owner and ensured the Commission that he
would provide the notarized letters from the property owner.
City Attorney Leibold stated that in the context of the bonds and the cash
deposits, they did make the determination that the CUP and the
Conditions run with the land and the agreement is between Mr. Hiner and
the property owner and they have no privacy of contract in that regard but
the Conditions of Approval require that the property 6 restored to it's pre -
motocross use condition. She also indicated thaYthe Commission agreed
to relieve the applicant of the bond require and the applicant, in
exchange, offered the notarized letters and�-mdlcateaxhat the law and the
obligation to restore the property does not change whether the
Commission has the letters or not. ``. ";�..
Vice - Chairman Gonzales asked ifJ s is the
of Mr. Hiner.
City Attorney Leibold
application initially and
that
Commissioner
Senior
C
being
instead
signed off on the CUP
sent to the owner.
the Staff Report was Federal
was trying to decide whether to
Jicated that not only were Conditions 8, 9, and
but also many other Conditions.
Ch6iran Flores indicated that he preferred that the Planning Commission
make the declsion'of whether to modify, suspend or revoke the CUP, as
they have been: working with Mr. Hiner for the past 2 years for compliance
and suggested that Mr. Hiner be brought back to the next Commission
meeting and move forward.
Commissioner Mendoza indicated that he agreed with Chairman Flores,
although, if it is brought back to the Commission again, two (2) new
Commissioners will be on board, whereas, the current Planning
Commissioners have current knowledge of the project.
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 8 of 13
Vice - Chairman Gonzales stated that if this comes back to the
Commission, he would like the property owner to be in attendance as well
as Mr. Hiner to clarify who is responsible for what.
City Attorney Leibold indicated that the applicant which is the Motocross
operator is responsible to comply but if he fails to comply then the property
owner is responsible regardless of what the Conditions say. She noted
that the Condition states restore property to its pre -use Condition, remove
contamination, and the applicant and the property owner are equally
responsible for this.
Commissioner O'Neal asked how the cost of
Commissioner Mendoza stated that this
first CUP eight (8) years ago.
Commissioner O'Neal suggested de�sitir
He also voiced his disappointmerT,�t Mr.
the Planning Commission meeting.
s was determined.
>�lnt'was, determined by the
the funds back into the bond.
liner was not in attendance at
City Attorney Leibold ind #allecl that Cdfii Lions 8, 9, and 10 originally
required $5,000, $15,000;a� 2,000 dash, deposits and then was
debited to fund the drafting of they mental ;documents.
Commissioner ,Mentloza Indic " hat he' doesn't want to put any
business operator ou�� busI in the City but Mr. Hiner hasn't taken
this matterseriouslye stated that if the bonds are put back where they
were he would wi i commendation of sixty (60) day
a
SUSpenSlOn.
no comments.
icated that he is not in favor of suspension.
CityWaorney Leibold stated that the amount of the cash bonds relating to
various ktivities dad not been determined.
Commissioner O'Neal asked if the cash bond could be a surety bond.
Public Works Director Seumalo indicated that the City accepts three (3)
forms of bonds; a letter of credit from bank, a standard bond, and cash.
Commissioner Zanelli indicated that the monetary amounts were an
estimate ten (10) years ago, and if Mr. Hiner does not pay for the cost of
clean up and restore the property to it's original condition that staff needs
to communicate to the property owner that he is the responsible party for
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 9 of 13
this as well as all of the other outstanding Conditions and once the owner
is notified of this, he may not want to sign the notarized letters.
City Attorney Leibold noted that there is a requirement that the
Commission added requiring that the applicant and the property owner
sign an "Acknowledgment of Conditions ".
Senior Planner Harris indicated that it was recommended by the City
Manager to add the property owner to the "Acknowledgment of
Conditions ".
City Attorney Leibold suggested that Conditions& �g'
make the affirmative statement that all structures, a,
utilized at the site shall be removed in order b resfw
motocross use condition, and similarly with Condition
of the site shall be restored to it's pre- motocross
jumps, ramps, and grading shall Abe flattened t o
condition of the property and confirmed
should be re- worded to make clear thkaffi
prope to it's pre - motocross condition,.
Commissioner Mendoza
commencement of operz
and complete a, ,
executed onginitbte,(
in the case, r;.QC rds
MOTION was
Commissioner
modified...Cor51
Conditiions 8, 9, and-
to restore the prope
modific� 6p of Cond
and 10, be revised to
rt ifacts and equipment
ore the site to it's pre -
No , 9 that all grading
usecpnditioIn, and all
refleot; original
ditions and 10
obligation to restore the
mdition No. 22; "Prior to
operty owner shall sign
is and shall return the
Department for inclusion
,bye ; ,Commis°sioner Mendoza, seconded by
�.. ..
g d unam sly carried to accept or confirm the
Carting on page 7 as submitted in the Staff Report
Conditions 8, 9, and 10 and the revised wording on
0 shall, incorporate a positive, affirmative obligation
to ttIp re- motocross condition, in addition to the
L 24 to read Basic Life Support Ambulance
Flores, Gonzales, O'Neal, Zanelli, Mendoza
None.
ABSENT: None.
ABSTAIN: None.
Commissioner Mendoza stated that he appreciated all of the hard work
that staff has done with this project.
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 10 of 13
Chairman Flores confirmed with Senior Planner Harris that there are
seventeen (17) outstanding Conditions out of forty -four (44) Conditions.
Senior Planner Harris stated that this is correct.
Commissioner Zanelli indicated that in February 2008 he spoke to the City
Attorney regarding. the City's liability in terms of Mr. Hiner operating
without some of his requirements, primarily ambulance EMT for the safety
of the riders, and secondly the liability insurance because at that time
there was no record of him having any, and the City Attorney agreed that if
there was a fatal injury on the premises the City wp iO be held liable if Mr.
Hiner was not in compliance with the Conditions of Approval. He voiced
his concern of the safety of the riders and the liability to the City and to the
Mayor. He stated that it was not his intension to cl'> se.the Motocross Park
but given the circumstances, Mr. Hiner did, not take he4natter seriously.
Commissioner O'Neal suggested,;,,
Attorney communicate with Mr.
Commission is disappointed with h
and wanted to stress takinq the Coi
Vice - Chairman Gonzales
but is not sure how much
someone from staff.. or the City
and the, property owner that the
R o ,l,y�,sponse to the Commission
stori seriously.
hs is. not in favor of suspension
mission can go on with this.
City Attorney LeY,old suggeste� a strongly worded letter be sent to
Mr. Hiner, ,ying the property o ner to read: The Planning Commission
was extrerrteIy disappointed in your lack of response and your failure to
appear ail' contlnd��� �uplic Hearing, the Planning Commission took
the following `actor h nfrWmed these modified Conditions which are
enclose , ue the Public Hearing to July 6, 2010. You have
directed sta to prer� a resolution of suspension and the applicant must
be prepared tq "onstrate substantial progress on the outstanding
MOTION was "de by Commissioner Zanelli, and seconded by
Comnus "�sione�r�'Neal and unanimously carried for staff to draft a
letter to Iri�Fliner and a copy to the property owner to read; The
Planning G?nmission was extremely disappointed in your lack of
response and your failure to appear at the continued Public Hearing,
the Planning Commission took the following action and confirmed
these modified Conditions which are enclosed and continue the
Public Hearing to July 6, 2010. You have directed staff to prepare a
resolution of suspension and the applicant must be prepared to
demonstrate substantial progress on the outstanding Conditions.
AYES: Flores, Gonzales, O'Neal, Zanelli, Mendoza.
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 11 of 13
NOES: None.
ABSENT: None.
ABSTAIN: None.
BUSINESS ITEM(S)
None.
STAFF COMMENTS
Public Works Director Seumalo had no com
Senior Planner Harris indicated that he a ,K
d
pp;- ated the work that Chairman
Flores and Commissioner Zanelli did on the,G6mmission and wlsheikt them luck.
Office Specialist Porche' had no
City Manager Brady indicated >th" t it was a
Flores, and Commissioner Zanelli
City Attorney
and Commis:
it
working with Chairman
working with Chairman Flores,
Public Works Director Seumalo when 4 corners
wouldabe re- surtacetlt
Public Woks Director
and the work should c
Vice - Chairman Gon2a
indicated that they are on schedule to bid in July
in mid August.
asked about weed abatement.
Public Works Director Seumalo stated that weed abatement goes from May to
September.
Vice - Chairman Gonzales mentioned that there are weeds on Gary Goh's
(resident) property on Lash.
Public Works Director Seumalo indicated that he would follow -up with staff to
abate the weeds at that location.
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 12 of 13
Vice - Chairman Gonzales asked City Manager Brady if the City was looking into
salt less water softeners.
City Manager Brady indicated that he believes the Water District discourages the
use of water softeners with the use of salt tablets and indicated that he would
follow -up with the Water District to find out if they are using this, and will report
back at the next Planning Commission meeting.
Commissioner Mendoza asked Public Works Director Seumalo about the
Railroad Canyon Road interchange.
Public Works Director Seumalo indicated that
interchange is currently in design and awaiting apr
Commissioner Mendoza asked about Frankl
Public Works Director Seumalo
interchange project for Railroad (
Commissioner Mendoza thanked staff for th'
and stated that he enjoyed worlipg ,, with Com
from him and also indicated that If Chairmar
was not extended, it was great working with; ^hi,
Commissioner O Neal �fat
Planning Commission "'app
application and.���comme
Commission Zan I
thanked Chairman FlQrest
r
not exteJide�d
Franklin
Canyon Road
of the
on the Motocross project
r Zanelli and learned a lot
time on the Commission
he fts approached "by City Council to evaluate
is an�q that he reviewed Axel Zanelli's
him for %Planning Commission. He said that
ent tob "'f" thanked him for his service. He also
q a q"reat lob if his time on the Commission was
Commissioner Zanelli= ,stated that it was a pleasure working with staff, and
than ked -City Manager :Brady fo&`his open door policy. He also said it was great
working'with City Attorn6, Leibold and the Commission and indicated that it was
a great experience and wanted to do what was in the best interest of the City.
Vice - Chairman ° Gonzales thanked Commissioner Zanelli for the all of the work
that he did on the Pl'annina Commission.
Chairman Flores thanked the City for the opportunity that was given to him to be
a member of the Planning Commission. He indicated that he learned a lot about
the City and would like to continue serving on the Commission and believes that
there is a bright future for the City.
ADJOURNMENT
PC August 17, 2010 Item No. 1
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of June 15, 2010
Page 13 of 13
There being no further business to come before the Planning Commission
Chairman Flores adjourned the meeting at 7:54 p.m.
The next regular meeting of the Planning Commission of the City of Lake
Elsinore is scheduled for Tuesday, July 6, 2010, at 6:00 p.m. in the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA 92530.
Jimmy
Chairrr
Respecffully Submitted,
Attest:
Robert A. Bra
City Manager
PC August 17, 2010 Item No. 1
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Kristine Herrington
Office Specialist