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HomeMy WebLinkAboutItem No. 1aPage 1 of 13 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES OCTOBER 5, 2010 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, October 5, 2010, to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Gonzales, Vice - Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal ABSENT: None Also present: City Manager Brady, City Attorney Leibold Staff members present included: Senior Planner Harris, Planning Consultant Coury, 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 Councilman Hickman. ROLL CALL Present: Chairman Gonzales Vice - Chairman Mendoza Commissioner Jordan Commissioner Morsch Commissioner O'Neal PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR ITEM(S) (1) Approval of Planning Commission Minutes PC December 7, 2010 Item No. 1 a Page 1 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 2 of 13 Recommendation: Approve the following Minute(s): a. August 17, 2010 b. September 7, 2010 MOTION was made by Commissioner O'Neal, seconded by Vice Chairman Mendoza and unanimously carried to approve the August 17, 2010, and September 7, 2010, Planning Commission minutes. AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING ITEM(S) (2) Recommendation: a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan: and, b. Adopt a resolution recommending to the City Council approval of Tentative Parcel Map No. 35135 based on the Findings. Exhibits, and proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Planning Consultant Coury review it with the Commission and answer questions. Planning Consultant Coury indicated that this project was heard at the August 17, 2010, Planning Commission meeting and several items were brought up for discussion. He noted that the Tentative Parcel Map was modified to a five (5) lot parcel map instead of a four (4) lot parcel map and indicated that instead of the Trevi Lanes site being identified as a remainder parcel, it is now designated parcel five (5) and in an effort to address the Planning Commission's concerns, he stated that the applicant provided a Conceptual Site Plan and also addressed the following Commission concerns: PC December 7, 2010 Item No. 1 a Page 2 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 3 of 13 • ADA accessibility. • Parking for existing as well as future uses. • Remainder parcel to have 100 feet of street frontage width. • Each new parcel is required to have a minimum 25,000 square feet of lot area. He indicated that Staff is in support of the project and recommended approval of the project. REQUESTS TO SPEAK The applicant, Matthew Liesemeyer of MHL Consulting gave his name and address. He indicated that he would answer any questions that the Commission had regarding the project and noted that Public Works Director Seumalo had additional information for the Commission. Public Works Director Seumalo stated that he received an e-mail that was forwarded by the applicant with concerns about some of the Conditions of Approval and indicated that he didn't have the opportunity to speak with the applicant but had no problem revising the Conditions that the applicant requested and stated that the following Conditions were revised. Condition No. 21 Provide Final Parcel Map per current Subdivision Map Act to be reviewed and approved by the City Engineer, prior to recordation. Condition No. 24 New drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. Condition No. 26 Eliminate this Condition because it is redundant to Condition No. 21. Condition No. 37 Strike this Condition and implement a new and more general Condition which reads: Improvements on public right -of -way shall require approved plans and encroachment permits. Condition No. 39 Strike this Condition because it has been replaced with the new Condition No. 37. Mr. Liesemeyer stated they he agreed with all of the Conditions including the revised Conditions of Approval. PC December 7, 2010 Item No. 1a Page 3 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 4 of 13 Commissioner Morsch requested that Condition No. 17 be re- worded to state commonly accessed area because there is no commonly owned area. City Attorney Leibold suggested changing the wording to read: Each building owner shall have full access to common areas established by way of the Reciprocal Agreement. Commissioner Morsch indicated that Section 17.124.040 states that within Centers which have design review approval, he read it as a Condition that allows the City to approve lots that are less than 25,000 sq. ft. provided design review has been approved and indicated that they have not yet reviewed a design approval on this project. City Attorney Leibold indicated that the Center was approved and a Reciprocal Easement Agreement was recorded and runs with the land presently and as a Condition of Approval, prior to recordation of the parcel map, the City required that the applicant bring forward design review. As such, she stated that the map can't be finaled until the City has design review with respect to the new created parcels but the Center and the expectation of the creation of the additional pads and reciprocal parking and access requirements are already addressed. Commissioner Morsch asked for clarification from the City Attorney regarding this provision. City Attorney Leibold indicated that her interpretation of this provision is that if you have a Center that is subject to design review then the lots are relieved from the 25,000 square foot size and the one hundred foot frontage requirement because it says that you have to comply with all other standards except lot width. Commissioner Morsch indicated that his interpretation of the provision is for lots that are less than 25,000 sq. ft. and indicated that the Trevi site is 6 acres and therefore does not fall under the provision. City Attorney Leibold indicated that it is up to the Commissioners discretion regarding the language of all provisions. Commissioner Morsch asked if there would be a problem with making one hundred (100) feet of frontage for the Trevi parcel. Mr. Liesemeyer indicated that it would be a problem because then they cannot get a complete division and would be cutting down one of the other four (4) parcels. PC December 7, 2010 Item No. 1 a Page 4 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 5 of 13 Commissioner Morsch indicated that he is complying with Section 050 of the Code. Commissioner Jordan indicated that Trevi is an existing use and is already established and the other four (4) parcels will accommodate future uses. Therefore, she interprets the Code as not requiring one hundred (100) feet of frontage for parcel five because it is an existing parcel. Commissioner O'Neal indicated that he agrees with Commissioner Morsch's interpretation of the Code and stated that when reviewing parcel three, which is 16,000 sq. ft., the applicant is representing that he can build a 2,000 sq. ft. building. Commercial buildings cost a lot of money to build and he would most likely not be able to rent a 2,000 sq. ft. building for the amount of cost. He indicated that he doesn't agree with what is proposed. Vice - Chairman Mendoza indicated that whoever purchases the parcels will be at a disadvantage with the development. Chairman Gonzales indicated that the buildings are going to be small and once this is developed they will lose parking in front of the building and there will be no parking for deliveries. Mr. Liesemeyer indicated that the owner plans on retaining ownership of all of the parcels and he has nothing planned to go in there currently. Commissioner Gonzales stated that the owner is probably hoping to subdivide them and then lease them to somebody to build something there. Mr. Liesemeyer stated that the owner was considering building them himself. Commissioner Morsch suggested that Mr. Liesemeyer bring back to the Commission another plan for design review that would justify the smaller lots and include on the site plan, parcel data, parking count requirements, parking provided, and ADA access from Mission Trail to the buildings. There was lengthy discussion between the Commissioners and the City Attorney regarding the interpretation of the Code. Vice Chairman Mendoza suggested expanding the parcels as long as the circulation is still adequate. Mr. Liesemeyer asked how they would distinguish this. PC December 7, 2010 Item No. 1a Page 5 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 6 of 13 Commissioner Jordan suggested that Mr. Liesemeyer make all of the lots at least 25,000 square feet then there would be adequate building size and the Commission would not be requesting him to specify a minimum building size. Mr. Liesemeyer questioned the Commission dictating the size of a building when he believes that it is up to the property owner. Commissioner Morsch indicated that Mr. Liesemeyer would be restricting the building size by the lot size and if they had a bigger lot, they could have a bigger building. From the development standpoint, it is important to optimize the size of the building, therefore a better opportunity to lease it, and to sell it. Commissioner Mendoza indicated that if it was a larger parcel, this would accommodate other requirements to the building such as American Disabilities Act requirements, and another easement. Mr. Liesemeyer requested specific direction from the Commission regarding what they wanted him to do. MOTION was made by Commissioner Jordan, seconded by Vice - Chairman Mendoza and unanimously carried to continue this project to November 2, 2010, incorporating the proposed changes that Staff read into the record with lots not less than 25,000 square feet gross and design review as stated as a Condition precedent to recordation and a waiver of the one hundred (100) foot frontage requirement as it relates to Trevi Lanes, Parcel 5. AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None (3) Conditional Use Permit No. 2010 -05: A request to operate a Tattoo /Body Piercing Establishment as an accessory use within an existing building located at 134 No. Main Street Recommendation: El PC December 7, 2010 Item No. 1 a Page 6 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 7 of 13 b. Adopt a resolution approving Conditional Use Permit (CUP) No. 2010 -05 for the operation of a Tattoo /Body Piercing Establishment City Manager Brady provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris presented the Staff Report to the Commission and recommended approval of this project to the Commission. There were no questions or comments by the audience. Chairman Gonzales asked if the CUP goes with the building. City Attorney Leibold indicated the applicant's intent to move the establishment and vacate the existing premises. Vice Chairman Mendoza stated that Code Enforcement indicated that there have been no complaints or citations at this establishment which is good and noted that the last Tattoo Establishment that was approved by the Commission scheduled customers by appointment only with 24 hour notice which was a great idea. Commissioner O'Neal asked about the fees that the applicant had to pay. Senior Planner Harris indicated that the applicant paid an administrative fee. Commissioner O'Neal stated that he has been approached by a number of people complaining that the establishment has been selling clothing on the sidewalk, and have signs of their establishment on the street which may be a Code Enforcement issue. Commissioner Jordan had no comments. Commissioner Morsch supports the project. Passed and adopted the following Resolution: "Resolution No. 2010 -42 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP)'. MOTION was made by Vice - Chairman Mendoza, seconded by Commissioner Jordan and unanimously carried adopting findings that the PC December 7, 2010 Item No. 1 a Page 7 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 8 of 13 project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None Passed and adopted the following Resolution: "Resolution No. 2010 -43 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2010 -05 to operate a Tattoo /Body Piercing Establishment as an accessory use located at 134 No. Main Street within the neighborhood Commercial C -1 zoning district. MOTION was made by Commissioner Morsch, seconded by Commissioner O'Neal and unanimously carried approving Conditional Use Permit No. 2010 -05 to operate a Tattoo /Body Piercing Establishment as an accessory use located at 134 No. Main Street within the neighborhood Commercial C -1 zoning district. AYES: Chairman Gonzales, Vice Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None (4) Alberhill Villages Specific Plan Recommendation: Receive and file information. No other action is necessary at this time. City Manager Brady indicated that this item is on the Agenda as an informational item for the Planning Commission and indicated that the applicant is in the audience. He asked Project Consultant Coury to give a brief overview of Alberhill Villages Specific Plan and provide additional information to the Commission if requested. Planning Consultant Coury provided an overview to the Commission and stated that this item is not going through the Public Hearing process at this PC December 7, 2010 Item No. 1a Page 8 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 9 of 13 time. The Formal Public Hearing process is not anticipated for a few months. The applicant Tom Tomlinson of Castle & Cooke explained that the reason that they wanted to have an informational meeting with the Planning Commission was to introduce what they are proposing to do for the Alberhill Villages Specific Plan which will be a twenty five (25) to thirty (30) year project. The Specific Plan site of 1,400 acres will provide residential units, a University Town Center, additional mixed use areas, natural open space with trails, Community Park with a lake and other parkland. He stated that this area will be very family and community oriented. He reviewed the areas of the Specific Plan (one portion which is Lake Street as it exists today), Alberhill Ranch that they are currently building homes on, and a part of the Brighton Specific Plan which they purchased a few years ago which is approximately four hundred (400) acres that is consistent with the Brighton Specific Plan but also works very well with what they are proposing in the Alberhill Villages portion which is Pacific Clay property. It is unique in that they are proposing a three tier approval process because of the size of the project and the long duration of time. In the first tier of approval, approve the major land uses and circulation and set the guidelines for future approvals of more specific types of development. The second tier is what would normally be done in a Specific Plan. The third tier is the site plan and approval by the Planning Commission and the City Council. He indicated that this a long term commitment and Castle and Cooke has been on this piece of land for thirty seven (37) years and will take many years to finish building it out. He noted that in the first phase of the Specific Plan, it is an area that borders Lake Street which includes the University use. They chose Lake Street because they want it to become a corridor and a north entrance to the City and they want to develop that area first. He stated that the Pacific Clay Processing Facility will be in the City for at least twenty more years and by doing it this way, they will be able to phase Pacific Clay out of the operation, utilizing all of the clays as it slowly gets consumed with their brick manufacturing and slowly move towards the west in development. Chairman Gonzales stated that he noticed that there is an elementary school and middle school site but doesn't have a high school site. Mr. Tomlinson indicated that this is up to the Lake Elsinore School District and noted that there will be one junior high school site and three elementary school sites. PC December 7, 2010 Item No. 1 a Page 9 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 10 of 13 Chairman Gonzales asked where the water would be coming from for the lake. Mr. Tomlinson indicated that the lake will be filled with filtered ground water and run off from the hills and the intent is to make the lake a fresh water lake. Chairman Gonzales asked if they would be expanding the waste water treatment plant at Alberhill. Mr. Tomlinson indicated that the District might not be building the waste water treatment plant at Alberhill and indicated that they are talking to them about doing a series of lift stations and pumping everything back to Central. He indicated that the facilities update that they are doing may eliminate the Alberhill Treatment Plant. Chairman Gonzales asked when the first building starts. Mr. Tomlinson indicated that they will start building within three years. Chairman Gonzales asked if they are extending Nichols Road all the way through and to the bridge. Mr. Tomlinson indicated that they are extending Nichols Road all the way through and having the road paved or an interim two (2) lane highway going from the lake to Collier and will be paving that in March 2011. Commissioner Morsch stated that when he first looked at the Specific Plan he thought it was a great idea to have a bike path to go from Riverside Drive to University Town Center along Alberhill Creek and asked if that would work. Mr. Tomlinson indicated that they are going to create a thirty (30) foot wide pedestrian bicycle access along old Lake Street and stated that the future Lake Street will move completely off the existing alignment of Lake Street over onto the Pacific Clay property. Commissioner Morsch indicated that off road bicycle paths are nice because there are no signal lights and no traffic. He believes that an extension of the bike path which is going to be constructed along the outlet channel will be a perfect continuation that will connect the Alberhill Village Town Center. He asked if Castle & Cooke owned the water rights on the property. Mr. Tomlinson indicated that they are not pumping out the water and stated that there are canyon drains that become surface water as it goes to the bottom. Pacific Clay has substantial large lakes and indicated that PC December 7, 2010 Item No. 1a Page 10 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 11 of 13 they going through WSA which is required with these specific projects and they haven't indicated any water service problems. Commissioner Morsch stated that he noticed on the plans that they have a mining overlay. Mr. Tomlinson indicated that the entire area is subject to an existing Reclamation Plan (RP -12) and mining exists over it currently and covers all of Brighton, Alberhill, and Pacific Clay. They are working with the City to get some of those issues resolved regarding completion of the Reclamation Plans. Commissioner Morsch indicated that he noticed at some of the City Council meetings, there have been some complaints about co- existing with the mining operations. Mr. Tomlinson indicated that within their CC &R's and selling property, they acknowledged to everyone that moved into the area that they are next to a mining operation and stated that most of the complaints have come in after they sold the property. He stated that they, as well as Pacific Clay have addressed the complaints. They are doing air quality and noise studies currently which the City is involved in and asked Public Works Director Seumalo to update the Commission regarding this. Public Works Director Seumalo indicated that the City is entering into a contract with Urban Crossroads and coordinating with them regarding the issues. Mr. Tomlinson indicated that mining operations aren't the easiest thing to live next to and it is a big concern of Pacific Clay when Castle & Cooke build homes in the area. Commissioner Morsh indicated that he thinks it's a great project. Commissioner Jordan asked if Castle & Cooke will be heading up a CFD to pay for the major infrastructure. Mr. Tomlinson indicated that not initially because there is not enough residential in the first phase. He stated that it is mostly commercial and noted that it will be the University uses that will be able to pay for the funding of the initial infrastructure. Therefore, it is important to phase the infrastructure and to build infrastructure as it's needed because of the current economy. Commissioner Jordan asked if fuel modification needs to be addressed. PC December 7, 2010 Item No. 1 a Page 11 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 12 of 13 Mr. Tomlinson stated that fuel modification will be addressed as they get into the actual planning of the units. Commissioner Jordan indicated that she is excited about this project. Commissioner O'Neal asked how much development will Castle & Cooke be doing and how much development will other Contractors be doing. Mr. Tomlinson indicated that they will probably not be building it all because of the time factor involved and indicated that they are going through a Lot Sale Program currently to help bring in other builders to build out some of the residential in Alberhill Ranch so that they can get the roof tops and, the school built. He noted that Castle & Cooke will most likely do the master plan development, the infrastructure, the road, and do most of the commercial. Commissioner O'Neal asked if they would be responsible for all of the design. Mr. Tomlinson indicated that through the three (3) tier program, they are not specific in the design elements. Commissioner O'Neal suggested building residential homes with more flexibility and diversity and there was discussion on this. Vice - Chairman Mendoza indicated that he appreciates the information that Mr. Tomlinson gave to the Commission and feels that the project is very positive. STAFF COMMENTS Public Works Director Seumalo indicated that regarding 4 corners, they had the pre- construction meeting last week, therefore, the contractor should be starting anytime. Planning Consultant Coury had no comments. Senior Planner Harris had no comments. Office Specialist Porsche' had no comments. City Manager Brady had no comments. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. PC December 7, 2010 Item No. 1 a Page 12 of 13 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of October 5, 2010 Page 13 of 13 PLANNING COMMISSIONER'S COMMENTS Commissioner Morsch thanked the City Attorney. Commissioner Jordan had no comments. Commissioner O'Neal had no comments. Vice - Chairman Mendoza suggested that discussion relating to agenized items should be streamlined by the dais as to not be too lengthy in time. Chairman Gonzales stated that he would streamline the agenized items. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:49 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore which is scheduled for Tuesday, October 19, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, will be cancelled. John Gonzales Chairman Respectfully Submitted, Kristine Herrington Office Specialist Attest: Robert A. Brady City Manager PC December 7, 2010 Item No. 1a Page 13 of 13