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Home My WebLink AboutItem No. 1aMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 18, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:00 PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegianci ROLL CALL PRESENT: CHAIRMAN ZANELLI ' j COMMISSIONER GONZ�L COMMISSIONER MENDO COMMISSIONER O'NEAL ABSENT: VICE - CHAIRMAN- ;FLORES PUBLIC COMMENTS k' STAFF PRESENT - Men Also pres - ,_ere Actin "Community Development Director Weiner, Deputy City Attorney SarYtang, Publ j Works Director Seumalo, Planning Consultant Miller, Associate Planner;�tese „n iz, Planning Consultant Coury, and Office Specialist Porche. PLANNING COMMISSION PULLED CONSENT CALENDAR ITEMS NOS. 1 AND 2. The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes for the Following Planning Commission Meeting a) November 4, 2008 Agenda Item 1 0— Page 1 of 8 Recommendations: Approved as submitted Commissioner O'Neal pulled the Minutes from the November 4, 2008 Planning Commission meeting due to an error in his comments. He indicated that the minutes reflect that he received a letter with regards to his stipends. He requested the minutes reflect that he did not receive a letter. 2. Minor Design Review for the Development of Three (3) Conventionally Built Two (2) Arnold Avenue Recommendations: Approved as submitted Commissioner O'Neal stated that he pulled Item Commission the recommendations of changing) project of three or more houses must been cfie Deputy City Attorney Santana indicated "th" the item back to the Planning Commission perimeters of the code. 2 to diaquss with staff and the i ide that seies any commercial to sewer and,' septic. Id require to bring s item to discuss the Commissioner Gonzales asked stdff how far is this protect from a sewer line. Chairman Zanelli indicated that he beltevesjt rs approximately 1,800 feet. Commissioner Me '&da §ohpurred with " Commissioner O'Neal's suggestion. Chairman Zanelli k gested having a moratorium on any additional septic systems � , Gr in the City. the br0iect introduced himself to staff and the Commj oner O'Neal oted.for the record that the Water District fees for the installati , a water Jeter is outrageous. He suggested that staff draft a letter to the Water`District requesting an explanation of the fees and provide a copy to the Commission for revieyvz //r It was moved by `Commissioner O'Neal, seconded by Commissioner Mendoza to approve the November 4, 2008 Minutes with the noted corrections and adopt Resolution Number 2008 -95, approving a Minor Design Review of three (3) conventionally built two (2) story Single - Family Dwelling units with attached two (2) car garages located on Arnold Avenue. Agenda Item 10- Page 2of8 The following vote resulted: AYES : CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: ABSTAIN PUBLIC HEARINGS 3. VICE - CHAIRMAN FLORES NONE Communications Cellular Tower Facility" Chairman Zanelli opened the Public Hearing Project Planner Coury provided the Cor He indicated the cell tower would,ks applicant is purposing to plant six 0, facility in order to help screen the Condition # 9 that squires stealthi submitted a letter "of objection date recommends approval of "'the", project t; Conditions of Approval. He stated the a the Commission maV-have. on with the reading of the Staff Report. :ed off Baker Street. He stated the G lyptus treeshat would surround the H§ 9otted th applicant is objecting to cePR 6r and stated the applicant vember 14 2008. He stated staff on the Findings and is subject to the pt is available to answer any questions John Bek'e, appl cant stated their business revolves around co- location on existing st whenev��ossible ��fie indicated this structure is part of the expansion in t e� ' coverage � a. F��/ /dicated their proposal is to attach three (3) small antennas to an existing pole o a parcel that is industrially zoned. He stated the City does not have a wirelesE ",ordinance that regulates the treatment of applications. He stated he agrees to the Conditions of Approval with the exception of Conditions #9 which requires.stealthing of the cell tower. He stated he feels that having a cell tower stealthed would actually make the cell tower more noticeable than what is proposed. He further stated that he would agree to remove the microwave dish from the proposal. Commissioner O'Neal asked staff to clarify the purpose of having a cell tower constructed as stealth. Project Planner Coury stated having the cell tower stealthed would upgrade the use of the facility. He stated it has been staffs position to require cell towers being stealthed in design. Agenda Item / 0. Page 3 of 8 Chairman Zanelli closed the Public Hearing at 6:23 p.m. Commissioner O'Neal asked the applicant how much it would cost to stealth the cell tower. John Beke stated, if he had to erect the pole, it would cost approximately $180,000. Commissioner Gonzales indicated that in the area of the proposed cell tower they are planning to build condominiums. He stated, since there is currently no ordinance, he would not agree to have the cell tower stealthed,,,, Commissioner Mendoza stated that he is aware tha / A l�e it does not have a wireless ordinance, however pointed out that this pr t is a Conditional Use Permit which goes with the land. He pointed out that the relent ceII`1Aers that have been approved have been stealthed and therefore agreedWith staff'sre,4nmendations. Chairman Zanelli requested staff to explain the City does not have cell tower ordinance, but does require the cell towers to be stealthed. Acting Community Development Director Weinei the use, and make the cell tower blend in with the Chairman Zanelli requested staff plans for that area. Acting Comn industrial and It was moved by to adopt, Resolut 17. vote re. the request is to intensify surrounding areas. on the development the area is zoned light id seconded by Commissioner Mendoza roving Conditional Use Permit No. 2008- RMAN ZANELLI MISSIONER GONZALES MISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: VICE - CHAIRMAN FLORES ABSTAIN: NONE It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to adopt Resolution Number 2008 -97, approving a Minor Design Review for the design and construction of a co- located wireless antenna tower facility. Agenda Item I 0. Page 4 of 8 The following vote resulted: AYES : CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: VICE - CHAIRMAN FLORES ABSTAIN: NONE i� Chairman Zanelli opened the Public Hearing of 6:31 Project Planner Miller provided the Commissioners She noted that development would not be allowe subsequent Tentative Tract Map, all design r environmental clearances. She stte at since t financial purposes, staff recommends aj pproval of applicant is available to answer any y questioW4,.Co Bob Krause, applidant' development, and stated approved by staff a the Chairm It vas moved by Gonzales to adopt F adoption of Negative The brief overview of the project. until the applicant submits a , iew requirements and the m�phall only be used for % /!ii he'�roject. She stated the mission may have. led theylare anxious to move forward with the would help,put together a great project that could be at 6:35 p.m. ter Mendoza, and seconded by Commissioner I ber 2008 -98, recommending to the City Council No. 2008 -13. AYES CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: VICE - CHAIRMAN FLORES ►*►_ Agenda Item Page 5 of 8 It was moved by Commissioner Gonzales, and seconded by Commissioner O'Neal to adopt Resolution Number 2008 -99, recommending to the City Council approval of Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL Dim,", .16 ving: a Public a.m. eet from is doing • He requested information regarding the Planning Commissions stipends. Acting Community Development Director Weiner stated that stipends are up to the individual whether they would like to volunteer their time or not. Agenda Item Page 6 of 8 Commissioner Gonzales commented on the following: • He asked if the City has lost population due to the increase of foreclosures. Acting Community Development Director Weiner stated that currently the State Department of Finance shows the City's population is fewer than 50,000. • He introduced his former foreign exchange student from Russia who attended Temescal High School and lived with his family during that time. He indicated she now lives in Alaska and works as a State Trooper. He stated she was recently nominated by Governor Palin as one of the top employees for the State of Alaska. Commissioner Mendoza commented on the following: • He inquired about the Draft Wireless Ordinance. Acting'C'ommunity Development Director Weiner indicated that the Wireless Ordinance..is in the "'works. • He inquired if the City has a Medical Marijuana Ordinance. 'Acting Community Development Director Weiner stated the , City shall not violate any federal laws related to medical marijuana use. Chairman Zanelli commented on the following: • He requested clarification from Deputy City Attorney°' aPtana on why the Wireless Ordinance has been held up. Dep ty CityfAttorney Safitar�a stated in the beginning of 2008 the gth Circuit Court of Appeals rendered, a decis[on in Sprint vs. the County of San Diego that curtailed the locale I,urisdictibri' dis Lion that they could exercise when considering tel ommunications'�facil'ities She stated that at that time the 9th Circuit invalidatedgthe Count of San Diego's Ordinance. She indicated the City of Lake Elsinore s A# orneys has recommended that the City should not move forward � t.,, with the ordinance =until the" Certification was granted by the US Supreme Court to consider the issue or until,such time that the 9 Circuit reconsidered its opinion. She stated last month the 9 Circuit issued an opinion and they reversed themselves. She stated that the,,City can" w move forward with an ordinance and hopes to have itwithin the near future %/ • He spoke of the success of the'Lone Star Steak House and thanked staff for the excellent. °planning of theparking lot. It was the consensus of the Commission to adjourn to the December 2, 2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Zanelli adjourned the meeting at 6:50 p.m. Agenda Item I 0. Page 7 of 8 AXEL ZANELLI, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TO] AC' Agenda Item Page 8 of 8