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HomeMy WebLinkAboutItem No. 1MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 20, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:05 PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allege nci ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORE COMMISSIONER GONZAI COMMISSIONER MENDO COMMISSIONER O'NEAL ABSENT: NON STAFF PRESENT Also presen"t v�e�" ting CommunityCevelopment Director Weiner, Deputy City Attorney Winters ublic Wo)cs erector Seumalo, Planning Consultant Miller, Plan a "ingK nsultant Coury,,Assocl @Planner Carlson, and Office Specialist Porche. None 1. Minutes for Regular Planning Commission Meetinq from December 4. 2007. Recommendation: Approve as submitted. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza approving the December 4, 2007 Regular Planning Commission Minutes. Agenda Item Page 1 of 14 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS 2 Recommendation: Denial Chairman Zanelli opened the Publ c Hearing at Planning Consultant Miller provided Commission. She noted the project%w meeting on October,T, 2008. She statl traffic and noise studies to determine if neighboring residential community. She is present and would be available to ans) have. overview 'of the project with the nued at the Planning Commission the" applicant has since completed :ct "would create any impacts to the i the Commission that the applicant questions that the Commission may Mikifn " "'fi, apps nt for'thb,�project advised the Commission that the driveway has beenrelocated ae requ �� �s qff and spoke of issues with the earthquake fault iii, /ii i/ - 0 nan through thelft He in that a traffic and noise study was conducted which owed no impats to the project. John Trees',' "ape Cd` Drive, Lake Elsinore spoke in opposition of the project. He indicated he were fesenting fifty -four (54) neighbors in the Serenity neighborhood who are o project. He indicated that the main reason for opposing the project was duedthe design of the project and the traffic & speeding issues located on Corydon & Palomar. Valerie Treese, Cape Cod Drive, Lake Elsinore, spoke in opposition of the project. She noted that should the project be approved, additional road improvements would need to be completed at the corner of Corydon onto Palomar. Public Works Director Seumalo replied, should the project be approved, he would coordinate the improvements with the Traffic Engineer regarding the site distance issues. Agenda Item Page 2 of 14 There being no further comments, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Commissioner O'Neal noted that one of the reasons that the project was continued at the last Planning Commission meeting was due to zoning issues of the East Lake Specific Plan. Acting Community Development Director Weiner indicated the denial of the project was because the Specific Plan Amendment has not bhp, requested by the applicant. He stated the East Lake Specific Plan has 1,1 Conditional Use Permit mechanism that would bring the project forward for the Commission to review. He o/ %, stated the applicant has not submitted a request for. landRR designation change which is why the denial is being recommended by $tall, and aff can't make the findings for this use in an R -1 zone. Commissioner O'Neal requested furthe recommendation. on the denial Acting Community Development„ Director situation, there are set back. Commissioner Gonzales requested clarifi Mike Dunn, applic /spoke of the hqur would be a kiosk ir�sta led �a „the location i manager would w ii ork part time on site fof noted that there would, be cameras set up that in addition to the R -1 the ie Iodation. He indicated that there wld allow access. He stated that a forty (40) hours per week. He also Deputy City Attorney'Wyr tersWyK %101 ied to the Commission the language of Section9:2 2 of tha Eastf�C� Specific Plan that stated an allowance for other uses wit 00 onditional Us Permip She stated that staff is not adding a dimension to the prop�r�y which is zonecj residential which keeps the property within the residential scheme: -She stated that the ” "request consists of trying to change a land use by virtue of a.Conditional Ne Permit which is why staff is having difficulties making the Findings necessary to approve the Conditional Use Permit. Mike Dunn applicant spoke of a letter that was submitted for the record dated 2001 or 2002 which indicated that the site could be used for a self storage. Commissioner Mendoza spoke of the two- thousand (2000) hours per year and asked if it is a guideline or a requirement. Planning Consultant Miller indicated that she spoke with the City's Building Official who indicated that two- thousand (2000) hours would be the maximum hours allowed. Agenda Item Page 3 of 14 Commissioner Mendoza pointed that one of the main issues for this project would be the graffiti. Deputy City Attorney Winterswyk discussed at length the Findings required for the approval of a Conditional Use Permit pursuant to the L.E.M.0 and she stated it may be possible to make the findings. Vice - Chairman Flores noted that many years ago there was a signal light at the location of Corydon and Palomar. He noted that the street lights were a major benefit because of the safety issues on Corydon. He stated as development enters into the City, it brings forth changes which could also brig concerns. He expressed his concerns with the possible tagging of the project sl�` project be approved. He suggested that should this project be approved ;;that conditions be modified to include road improvements at the corner of Palomar & Corydon - Chairman Zanelli addressed this concermvfrc neighborhood. He also expressed his conc'i?r,ns addressed the graffiti concerns. He noted"{ �t would include the building to be painted with expressed that the project should be heavily maximum two - thousand (2000) hours. ,and indicat of the art project, and would hay' ` % / � j utom indicated that he feels this protect would be' i1rT Chairman Zanelli Commissioner Public He' in. t 6 the Acting Community residents ' the Serenity i, speeding 6iKpj don and the Conditions of Approval graffiti surface. He also aped. He addressed the his project would be a state try, with surveillance. He .nY'to the area. study has been completed. replied "Yes." Commissioner C!Neal stated.,he believes that this project is outside the scope of R- 1, and would like'to have this'pro1ect go through the East Lake Specific Plan rather than Pe a- Conditional Use; rmit -`antl returned to the Planning Commission for further Chairman ``Zanelli asked Acting Community Development Director Weiner if the General Plan`Update,mtent is to change the zoning for this project. Acting Community Development Director Weiner replied "No." He indicated that this is a Vested Specific Plan and that vested specific plans would not be modified. Chairman Zanelli asked what the fees would be to amend a specific plan. Acting Community Development Director Weiner indicated it would be around $5,000 to $7,000 for planning fees and additional fees for any further environment analysis that would be required Agenda Item I Page 4 of 14 Commissioner Gonzales asked if the applicant would need to go through this all over again should the project be approved. Acting Community Development Director Weiner replied should the commissioner want this project to move forward, the Commission would direct staff to bring back Conditions of Approval and Resolutions. The applicant would also need to provide a Variance application to address the set back issues. He stated that should the project be approved at the Planning Commission, the project would then be presented before the City Council for further discussion. It was motioned by Commissioner Mendoza, and seconded by Vice - Chairman Flores to direct staff to provide the Commission with a Resolution and Conditions of Approval and have the applicant submit a Variance applicati6n,,for this project. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN 'F COMMISSIONER ME COMMISSIONER GO NOES: COMMI ABSENT: NONE ABST 3. the Public Hearing at 7:06 p.m. Project Planner Coury , provided an overview of the project to the Commission. He expressed to IA C ission that this site is part of the yet- to -be- approved General l%, /iT Plan Update that f emg proposed and the General Plan Update re- designates the site from low medium residential to general commercial. He indicated that the commercial project would include a Fresh & Easy Market as well as other shops. He indicated the project would be constructed into two (2) phases. He noted that access to the site would be located from two driveways, one located on Lake Street, and the other on Mountain Street. He expressed to the Commission that a mitigated negative declaration has been prepared. He noted that he received two letters from two (2) tribes primarily focused on the needs for tribal monitoring. He advised the Commission that he had a meeting with Mrs. Jimenez who is present at the meeting. He indicated a letter from Mrs. Jimenez has been entered into the record. He also provided to the Commission a letter from the applicant on two Conditions that are Agenda Item j Page 5 of 14 requested to be modified. He noted to the Commission that the applicant is requesting to modify their Sign Program requirements and indicated a letter from the applicant outlining the modifications. He advised the Commission that staff recommends approval of the project based on the Findings and is subject to the Conditions of Approval. He indicated that the applicant is available to answer any questions that the Commission may have. Dave Garrison, applicant stated that they have been working on this project for many years. He stated that they have worked diligently with staff. He stated the concerns with certain Engineering Conditions. He , noted that the street improvements would not be completed until Alberhill was completed. He stated that he would work as closely as possible with Mr. Jimenez to help mitigate his health issues. He spoke of the Sign Program and mdjcated that their concerns were submitted to the Commission. Tom Tomlinson with Castle & Cooke spokeJn favor of the projd'6 Ne stated that the project is truly needed. /%/ ;,;.% Chairman Zanelli asked Mr. Tomlinson to address the`% "street improvements. Mr. Tomlinson replied he realize he needs of improvements. He stated that he has met with the developer and fed( fiat a, solution could be met. Mrs. Jimenez, resident stated that "her Fever which is caused,b in these become airborne., Sh' Rs d that the: N� airborne. She indicated s'ft is concern AW, danger to her hustiarld. Sh,� pointed out the area. She noted that sf es,met witf to work out a solution She stafed`that" if t the media. % ✓,,. that theCommission band hp been diagnosed with Valley i�o% . id an ,V /ading can cause the spores to re ca>'travel up to 500 miles when that this project would impose great t the area is not safe to the children in Garrison however have not been able ;ssary she would present her issues to of the,,project stated that he would answer any questions George McDonough k�" sident spoke in opposition of the project stated that he just found out about = ,this, project and stated that this area once had a project to be located at the ho location. He spoke of his concerns with the traffic on Lake Street. Dawn Oaks, resident of Lake Elsinore spoke in opposition for the project. She indicated that her family also has problems with health issues due to the environment, graffiti, dust and dirt in the area. She suggested having the project postponed for further research. Carlos Valle, resident spoke in opposition of the project. He stated that traffic on Lake Street needs improvement. He noted that too many people live in that area and hopes that the Commission would consider denying the project. Agenda Item Page 6 of 14 Chairman Zanelli requested the applicant to approach the podium. Dave Garrison indicated that a soil test was not conducted. He stated that he could not determine if there are any spores on the property. Commission Gonzales pointed out that the spores are located everywhere. Dave Garrison stated that they would water down the area during the grading which would start as soon as June 2009. Commissioner Mendoza spoke of the General Plan of th ,area. He spoke of the necessary street improvements on Lake Street and stated hat he does not feel that this is the right time for this project. Vice - Chairman Flores asked Mr. Garrison If', residents in the area to discuss the issues Mr. Garrison replied "Certainly." Vice - Chairman Flores indicated that he can't issues. He indicated that he would ro completed. would be willing to meet with the j iderstand why Lake Street still has the protee,# /Vntil the street has been Mr. Garrison stated that he has no authgdt% to do thIe' mprovements on Lake Street. /iii He stated he would' be work with Cae &Cook "and would be putting up cash deposits. °O " %. Vice - Chairman Flore'sspt d that there is allot of work that needs to be completed first. %,. %ao„ Public Works Direct #orSeurnalo noted that the Conditions were based on the amount ,i ot'horres located in th 'area. Commissioner O'Neal noted the issues with the traffic. He expressed to Ms. Jimenez that development will continue and would not affect his decision. He noted that it would be nice to have public convenience store near by. Mrs. Jimenez indicated that she has lived at her present location since 2001 and her two sons love the area. She stated that she has tried to sell her house for three years but has been unsuccessful. She noted that this project would require heavy excavation, which would disturb the spores which would have an affect on her husband. Chairman Zanelli pointed out that the applicant offered to relocate Ms. Jimenez during the grading of the project, but the applicant did not accept the offer. Chairman Zanelli closed the Pubic Hearing at 8:15 p.m. Agenda Item Page 7 of 14 Acting Community Development Director Weiner advised the public that for those outside of the 300 foot radius who were interested on receiving a notice on any upcoming meetings regarding this project, that they should leave their name and address with Office Specialist Porche. Chairman Zanelli pointed out that the City has a new Web site that posts the Public Hearing Agenda's including the staff reports for review. He pointed out to Mr. Garrison that he likes the project. He requested that Public Works Director Seumalo to address the difference in the elevations between now and when the project would be finalized. Public Works Director Seumalo stated that the road elevation would be lowered approximately seven to eight feet; however the shopping center would have already been finaled at that elevation. 416 Chairman Zanelli requested the representaXj, from Fresh & Eas`& approach the podium. Matt Sulinski representing Fresh and Easy stated that "all deliveries to the store would be in the morning between 8:00 a.m. and,10 :00 a.m. He stated that they would have approximately 10 to 15semployees and would be open seven (7) days a week from 7:00 a.m. to midnight. It was motioned by Commissioner O'Neal arjIseconded by Vice - Chairman Flores to adopted Resolution No-2009-03 , , rgcommendirig j heat the City Council adopt Findings that the prgtect Il as the Lake Street fGiarketplace is consistent with the Multiple Species habitat Co Multiple Plan (MSHCP). IRMAN ZANELLI M10HARMAN FLORES *�rioi /ma i MMI_SIONER GONZALES MM &IONER MENDOZA MMISSSIONER O'NEAL NE NE ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -04, recommending to the City Council adoption of Mitigated Negative Declaration No. 2008 -10 for the Lake Street marketplace project. Agenda Item Page 8 of 14 The following vote re "s'uJ,te�; The following vote resulted AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSSIONER O'NEAL NOES: VICE - CHAIRMAN FLORES ABSENT: NONE ABSTAIN: NONE F It was motioned by Commissioner O'Neal and sen d by Coc to adopt Resolution No. 2009 -05, recommen to the City General Plan Amendment No. 2008 -01 fo tai ° e Lake Street Marty , The following vote resulted: ' AYES: CHAIRMANS,ZANELLI NOES: W It was" motioned by C adopt Resolution No. Change No. 2008 -02. The following rote re: 0 NOES ABSENT: ABSTAIN E -CHAI 0MISSI ar Gonzales approval of a and seconded by Chairman Zanelli to ing to the City Council approval of Zone CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL VICE - CHAIRMAN FLORES COMMISSIONER MENDOZA NONE NONE Agenda Item I Page 9 of 14 It was motioned by Commission O'Neal and seconded by Chairman Zanelli to adopt Resolution No. 2009 -07, recommending to the City Council approval of Commercial Design Review No. 2008 -09. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE- CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal ai to adopt Resolution No. 2009 -08, approving The following vote resulted: AYES: CHAIRMAN`ZANE COMMISSIONER _COMMISSSIONEI NOES APSE /60 ISSIONER N ,ommissiorner Gonzales Permit No'. 2008 -15. by Commissioner O'Neal and seconded by Commissioner Gonzales ion No 2009 -09, approving Variance No. 2008 -01. AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE- CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE Agenda Item Page 10 of 14 It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -10, approving Uniform Sign Program No. 2008 -02. The following vote resulted: AYES: COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE Commissioner O'Neal addressed the Deputy City Attorney Winterswyk noted th" Conditions of Approval and asked the applicant the City Council meeting. Mr. Garrison stated that he cou Conditions of Approval could be however he stated that- he would issues. "OUR ft.. The Commission" Engineering Cond of mmended changes to the would be worked out prior to that %:the modifications to the t o' , the City Council meeting; i'the direction and conceptual before thfsproject goes before the City Council the iscussed., the Commission. Publ orks Dlr�cpr Seualo indicated that he agrees with the Commission and �iio i sta�� that he has M me optimises with respect to staffs ability to come to an agreement with the fees He tated that this is not a design issues but rather figuritig out how to finance the TUMF fees. Acting Com �nity D&elopment Director Weiner indicated that the project is tentatively sc�dule /t go before the City Council on February 10 however could be continued toy, Re date to allow time for the developer and staff to work out the Conditions. Deputy City Attorney Winterswyk addressed for the record the following; The modified Conditions of Approval apply to each and every of the entitlements that the Commission has considered including the Mitigated Negative Declaration 2008 -10, General Plan Amendment 2008 -01, Zone Change No. 2008 -02, Commercial Design Review No. 2008 -09, Conditional Use Permit No. 2008 -15, Uniform Sign Program No. 2008 -02 and Variance No. 2009 -01 as reflective in the documents presented on January 20 2009. Agenda Item I Page 11 of 14 The following are the modified Engineering Conditions of Approval that have been entered into the record: #55: Construct full half width street cross - section along Lake Street, consistent with the General Plan Circulation Element. Half width street shall measure 48 -feet from the centerline of Lakeshore Drive to the face of curb adjacent to the project. Because of the Lake Street realignment, cash -in -lieu of construction will be accepted. The cash -in -lieu shall be based on an approved engineer's estimate. (Note: Applicant and City staff are in the process of making modifications to this condition.) #66: Provide water quality control measures Regional Water Quality Control Board requirement Area. These provisions shall treat all water conditiq #71: All interim street improvements in Mountain Street as described in thes( and functioning prior to Certificate of Ocd with the Santa Ana n Jacinto Watershed and ultimate_ improvements Approval shall be` installed #72: Pall all capital improvement and plan ch fee (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fees, Traffic li p'a t Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), eheroahment perms Wiles, and inspection fees associated with the project and deV61opmer t The fee *bunt to be paid shall be consistent with the current amount stipulated ;in each fee ordinance. (Note: Applicant and the City staff are in roc " making modification to this condition.) / ' Ey #86: All i �nent fans shall be�.pigitized. At Certificate of Occupancy, applicant shall submMR11 apes�a , disc vyfiich are compatible with the City's ARC Info /GIS or devejoper to pay $300fie for City digitizing. '�, #g,5, Deleted !/ %i #105 .:;; Applicant shall obtain approval from Santa Ana Regional Water Quality control Board f o rt orm Water Pollution Prevention Plan in the San Jacinto Watershe ' &rea incl . approval of erosion control for the grading prior to issuance of g�� g� ermits. The applicant shall provide a SWPPP for the post construction wlfiq scribes BMP's that will be implemented for the development including mainte)ance responsibilities BUSINESS ITEMS None STAFF COMMENTS Public Works Director Seumalo commented on the following: Agenda Item I Page 12 of 14 • He spoke of the road conditions on Dexter Avenue and indicated that an agreement would be established between the City and County regarding the County's participation on the road improvements. Acting Community Development Director Weiner commented on the following: • He spoke of the Downtown Master Plan Public Workshop to be held on January 29 at 6:00 p.m. at the Cultural Center. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: • He Elsinore and stated that that was offended published the conterit.agazirija /t spoke of Lake y / / / Commissioner Gonzales commented on • He spoke of a house on Lash Street that had been tagged. Acting Community Development Director Weiner indicated that he 6,UId advise staff to mitigate the issue. Commissioner Mendoza commented tin the'fol[owing: He requested information on the buildings behind the "'new Holiday Inn Express and asked if they are o"ccupied. = Acting Community Development Director Weiner stated that the two buildinas were•recently aooroved for reduced TUMF fees and cleared occupancy Tor meDUUaingsi, • He spoke of the Burger. Ki build ng ing on' Diamond Drive and Mission Trail and wanted.to know if.Walgreens plaried on occupying that location. Acting Community Development Director Weiner replied that there are a few pharmacy chains that are pursuing the site. 1 Vice - Chairman Flores commented on the following: • No Chairman Zanelli commented on the following: • He advised the public of the swap meet that is held every Sunday at the Diamond Stadium. • He spoke of the Citizen's Committee meeting to be held on Thursday, January 29 at Tuscany Hills Club House at 7:00 p.m. Agenda Item Page 13 of 14 ADJOURNMENT It was the consensus of the Commission to adjourn to the February 3, 2009, 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 8:50 p.m. AXEL ZANE PLANNING: Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR OF, RMAN ;ION Agenda Item Page 14 of 14