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HomeMy WebLinkAboutItem No. 1bMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 3, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:01 p. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE - CHAIRMAN FLOI COMMISSIONER GON COMMISSIONER MEN COMMISSIONER O'NE ►_u19:4►r a LOW I STAFF PRESENT Also present' wren Attorney: WlntersN Consultant Miller,, Specialist Porche. PUBLIC COMMED None Director /City rlson, Associate Director Weiner, Deputy City Engineer Seumalo, Planning Planner Resendiz, and Office 1. Minutes from the following Planning Commission Meeting(s) a. December 16, 2008 b. January 6, 2009 c. February 3, 2009 Recommendation: Approve as submitted. �2 «; 1 . 1 0 - 1b 2. Minor Design Review of a Single- Family Residence located 811 W. Sumner Avenue Recommendation: Adopt a resolution approving the proposed Minor Design Review of a Single - Family Residence located at 811 W. Sumner Avenue. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -16 approving a Minor Design Review for a two -story Single - Family Dwelling Unit located at 811 W. Sumner Avenue and approve the December 16, 2008, January 6, 2009 and February 3, 2009 Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FL( COMMISSIONER GC COMMISSIONER ME COMMISSIONER "O' NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. a��Adopt a resolution recommending that the City Council Adopt findings that the �` , project is consistent with! the MSHCP, and b Adopt a resolution PP 9 a rovin Conditional Use Permit No. 2007 -22, and C. Adopt ft a resolution approving Variance No. 2007 -06, and a° d. Adopt a,;r�esoluto recommending City Council approval of Industrial Design Review No2007 -04. Chairman Zanelli opened the Public Hearing at 6:03 p.m. Planning Consultant Miller provided the Commission with an overview of the project. She noted an additional Condition to be added which she numbered as 43b and read into the record as follows: 43b: Pursuant to the Migratory Bird Treaty Act, the applicant shall conduct a pre - construction survey for nesting birds if any tree removal work is undertaken during the nesting season which occurs between February 15 and August 30. Agenda Item No. Pnva ') of 11 Planning Consultant Miller advised the Commission that she received a call from John Clemens, a resident of Lake Elsinore who spoke in opposition of the project. She indicated this project was continued from the January 20, 2009, Planning Commission meeting which the applicant requested to apply for a Variance due to the proposed Palomar Street setback. She stated that the applicant is proposed a landscape setback between five (5) to eighteen (18) feet at which the East Lake Specific Plan requires thirty feet. However, she stated the applicant is also providing additional landscaping planters along the northern and eastern boundaries which should make up closely to the requirements for landscaping along Palomar. She stated that staff supports the request due to the physical c�R of the Alquist Priolo Special Studies Zone that restricts 100 foot noq,,� tMI able area that runs through the entire area. She indicated staff supports .the project based on the Findings and is subject to the Conditions of Approval;? She advised the Commission that the applicant is present and available to answer<'any questions the Commission �.���A may have. Chairman Zanelli requested the applicant to;approach.,the podium. Mike Dunn applicant of the project stated that he did his best to design the project in a way that it would fit in with the neighborhood He ; stated to the Commission that he would be available to answer any�questions the Commission may have. Chairman Zanelli requested commehts`from the public to spbak either for or against the project. John Treese, resident spoke in opposition of the project. He indicated he sent the �r entire Commissiof an emaW, .putlining all,issues with the project. He spoke of the �\84 amount of open �,mercial space, traffic and the types of vehicles that speed on the road�l ee reque ted any information on how to mitigate the traffic issues. ft� \�� Valerie Treese, ' resident `poke in opposition of the project and addressed her concerns with the traffic:,issues r ` \ 'M Christi n��ullerich spoke of her concerns with the safety issues particularly with the street cro���� across from the elementary school. She noted the project is a beautiful protedt, however, would not recommend having the project placed there and hopes that the,,, -ommission would reconsider. Chairman Zanelli requested Public Works Director /City Engineer Seumalo to respond to the traffic concerns. Public Works Director /City Engineer Seumalo indicated he went out to the site with the City's Traffic Engineer and measured lane lines and configuration of the area. He confirmed that the turns were tight especially when driving a large vehicle. He stated the Traffic Engineer suggested having the lane re- stripped which is noted in Condition of Approval number 75. He further suggested having a truck turning Agenda Item No. llx Pao`. 3 of 11 template on the corner to insure that the vehicles using this site are able to stay in their own lane. Chairman Zanelli closed the Public Hearing at 6:23 p.m. and brought the discussion back to the dais for Commissioners comments. Commissioner O'Neal pointed out that his name is misspelled in the staff report. He stated the project is a good project however, is the wrong type of project for the area. He indicated that Residential -1 is the wrong type of designation for this piece of property. He spoke of how he doesn't understand why this project needs to go through the CUP process as this is the wrong type I gna' ion for this property and why can't this property be re- zoned. He suggested that a Specific Plan Amendment would be the correct way to go and it sho "uI I", be the applicant's fault that this has been zoned incorrectly all this time Acting Community Development Director ,Weiner responded ' Ad-,- commissioner O'Neal's comments. He indicated the ,ecific Plan would be"ronsidered the stronger approach in terms of getting the" , 6 &use designation change;.: ° °He pointed out to the Commission that a letter was received September of 20001rom the prior Planning Manager which set the course for the pJi", Commissioner O'Neal pointed the CUP process is outside the Chairman Zanelli flexibility for situat that it is as this c Commiss Co t, staff Wi project to that this comments didtmot address the notion that atshould be there. that the CUP does allow that could easily be corrected. Id take to have the project re- zoned. , Weiner replied, for a Specific Plan onduct some environmental studies which would and would take some time. Commissi n`bi Gonzales' stated that it is a good project and he would not know of anything else could ,be developed on that parcel due to the noted 2000 hour guidelines. He�ddressed the traffic issues and the small children crossing the street to get to thi chool. Commissioner Mendoza pointed out that he thought the 2000 hours was just a guideline. He spoke of shifting the wall and asked if it would cause any concerns with the turning of vehicles? Acting Community Development Director Weiner replied that it is the setback that is deficient. He stated that the internal circulation should not be effected. Agenda Item No. I PnaP d of 1 7 Commissioner Mendoza spoke of the hours of human occupancy which would be minimal and the noted fault line that has been addressed. He noted that the project is good and there really isn't anything else that could be developed there. Vice - Chairman Flores spoke of the traffic issues and asked about the "No Parking" signs between Corydon onto Palomar. Public Works Director /City Engineer Seumalo replied that he did not notice the signs. Vice - Chairman Flores suggested that the Conditions of A Approval should state that there should not be parking allowed from the corner of Corydon onto the entrance of the facility due to the traffic issues and should be place ° d as,;quckly as possible. Public Works Director /City Engineer Seumalo indicated he discussed the situation with the Traffic Engineer and noted that Vice- Chairman Flores is correct. He stated that parking would be prohibited from Corydon to the project entrance and signs shall be posted along the opposite side of street Vice - Chairman Flores asked if the re- stripping of- street could be done prior to construction. Public Works Director /City E Commission's discretion. Vice - Chairman F fault line also aoe Acting Coi "h"' unity ,the park. Acting Community line runs all:the wa indicatetl'� that it would be at the Director Weiner if the replied that he believes the fault ?anelli',requested, the Commissions attention to Condition number 75 for an electronic" radar speed sign that shall be installed on Palomar indicated that there <has never been a time where the City has required a developerto provide traffic safety equipment such as this and indicated that he does not feel th'atthe applicant should be burdened with this cost. He stated that he agrees that the „sign should be placed there due to the speeding problem, but the applicant should 'not be responsible for the cost and suggested to strike that Condition of Approval. He concurred with the Commission that the project is a good project; however nothing else could be built there. Public Works Director /City Engineer Seumalo noted that Condition number 93 addresses that it includes the projects frontage for Corydon and Palomar. Commissioner O'Neal concurred with Chairman Zanelli on striking Condition number 73 and wanted to emphasis that the process is important. There being no further discussion, Chairman Zanelli requested a motion. Agenda Item No. I b PaoP. 5 of 11 A motion was made by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -17, recommending that the City Council adopt Findings that the project known as a self storage and recreational vehicle storage facility is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZAL COMMISSIONER MEND02 NOES: COMMISSIONER 0' ABSENT: NONE ABSTAIN: NONE A motion was made by Commi§� Gonzales to adopt Resolution No. 2007 -22, including the additional C additional Condition of„Qpproval No. 43a, adding Condition NOVb, and n lendoza and seconded by Commission Wgpproving Conditional Use Permit No. p�proval No. 43b, to include the amend����grdition of Approval No. 43 to Condition of Approval No. 75 and 93. The following AN FLORES ER GONZALES ER MENDOZA S: 'COMMISSIONER O'NEAL ABSTAIN: NONE A motion was made by Commissioner Gonzales and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -19, approving Variance No. 2007 -06, to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. Agenda Item No. Jb PnoP. 6 of 11 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE A motion was made by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -20 recommending k'to ; the City Council approval of Industrial Design Review No 2007-04 to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, addrng,Condition r ; No. 43b, and modify Condition of Approval Nb , and' 3_. , The following vote resulted: AYES: CHAIRP VICE -C COMMI _„ COMMI 1W U W= n Zanelli regsted a Jecess at 6:49 p.m. and reconvened the meeting at M Act (RLUIPA). Recommendation: Adopt a resolution recommending City Council approval of Text Amendment No. 2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the LEMC. Agenda Item No. I b Psup 7 of 11 Chairman Zanelli opened the Public Hearing at 6:51 p.m. Associate Planner Carlson provided the Commission with the reading of the Staff Report regarding the proposed Zoning Ordinance Text Amendment. He stated at the present time our City's code defines our religious assembly as churches. He indicated that this Text Amendment would broaden the land use description set forth in the various Pertinent Subsections to refer to as "religious assembly, institution and structures" in an effort to further comply with RLUIPA. He indicated that pursuant to the California Environmental Quality Act (CEQA) an Initial Study was completed to analyze the potential environmental impact of the proposed project. He indicated a Negative Declaration was prepared and` released for the public review on January 22, 2009 and continued through February 13, 2009. He indicated that staff recommends approving Text Amendment No 2009-01 and further stated that he would be available to answer any questions that the Commission may have. Chairman Zanelli requested any public comments either for or against the pr Hearing at 6:53 p.m. and brought the dis comments. Commissioner Mendoza had no Vice - Chairman Flores asked how Associate Planner about 1 Y2 months. Commissioner O'1 religious diversity. no A motion Mendoza 'f approval of Negative D The following on this item::., There being no nan Zanelli c( sed,,.the Public <,to:the dais for Commissioners been working on this. has been in the works for he lives in a country that allows for Chairman Zanelli requested a motion. made by Commissioner O'Neal and seconded by Commissioner opt Resolution No. 2009 -21, recommending to the City Council ng Ordinance Text Amendment No. 2009 -01 and the adoption of the ation therefore. e resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL COMMISSIONER MENDOZA NOES: NONE replied he is Agenda Item No. I b PAOP. R of 11 ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) None STAFF COMMENTS Public Works Director /City Engineer Seumalo commer����,�n the following: • He spoke of the re- paving project along Dexter Ave n and anticipates awarding the project at the City Council meeting on March 2�0 Ieirst meetingn April 2009. • He spoke of the interchange project at Centra[Avenue. He noted th n . r etaining walls 0% and lanes are being re- configured in order to commence construction on the northerly side. Commissioner O'Neal ezpres to ublic Works Director /City Engineer Seumalo that he experienced aN e "I I n minute wait' time at the intersection of Gunnerson and Riverside Drive and Indicated that he appreciates all the effort to resolve this issue Pbb[c DirectoY City Engineer Seumalo replied �� . that he has been reviewing the s�nulus, package to see if,there is any available funding for the City to use. Chairman Zanelli as Public Works Director /City Engineer Seumalo the status of taking overcontrol. on Highway 74 through -out the City. Public Works D for /City Engineer`Seumalo indicated that the City is stalled „ age due to Cal Trans and th otiation of funds. He indicated the best scenario would be approximately -14 mont:sfrom any approvals. Chairman Zanelli spoke of the flooding along '§hner DriveA� nd asked ifq here are any plans for improvements. Public Works Director /City���Engineer Setialo indicated that there are several agencie\ for the co road way. He stated that EVMWD was required fo m din Wefl, pds n fat area. He stated when Hwy 74 was 11 - reconfigured twenty,"(20) years ago„ Gunnerson Avenue was raised, and conveying pipes.were placed under the street to convey water from one side to the other. He indicated,that it was either the City or Cal Tran requirement. Chairman Zanelli stated that the area gets oded every year and that they are privately owned. He requested�any info rmatign to assists the owners of the properties. Chairman Zanelli noted gas line In tallaton on Illinois just to the south of Riverside and requested a status. Public Works Director /City Engineer Seumalo indicated that he does not know of the details' \ however would discuss with staff. Deputy City Attorney Winterswyk commented on the following: • She provided information to the Commission on the San Diego Court ruling of Sprint vs. San Diego County which had been requested by Commissioner Gonzales at the February 17, 2009 Planning Commission Meeting. Agenda Item No. pnaP9nf11 PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: • No comments. Commissioner Gonzales commented on the following: • He requested clarification on the grading for the Toyota dealership. Public Works Director /City Engineer Seumalo stated that the grading that- � . taking place is the completion of the deal between the property owner „a d Toyota. Commissioner Mendoza commented on the follow! • No comments. Vice - Chairman Flores commented on the • No comments. Chairman Zanelli commented on the following: • He thanked staff for all of their hard ADJOURNMENT Respectfully Su DANA PORCHE OFFICE SPECIALIST III Agenda Item No. Ib paaa 1 f) of 1 7 ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT Agenda Item No. I L PaaP 11 of 11