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HomeMy WebLinkAboutItem No. 1aMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 19, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:00 PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of ROLL CALL PRESENT ABSENT: CHAIRMAN ZANELLI VICE - CHAIRMAN FLOI COMMISSIONER GON COMMISSIONER MEN COMMISSIONER ONE STAFF PRESENT Also None a. April 21, 2009 b. May 5, 2009 Recommendations: Approve pment Director Weiner, Deputy City Engineer Seumalo, Associate Planner Agenda Item No. 10L_ Page 1 of 8 1. Minutes from the following Planning Commission Meeting(s) Commissioner O'Neal requested a change to the April 21, 2009 Regular Planning Commission Minutes on page 3 of 10, ninth paragraph, strike the words from "removed #rern" and insert the words "included in ". A motion was made by Commissioner Gonzales and seconded by Commissioner O'Neal and passed by a unanimous vote approving the Consent Calendar with the noted corrections to the April 21, 2009 Regular Planning Commission Meeting Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZAL COMMISSIONER MEN, D 7,2 COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) E Reviews." a Resoidtion recommending to the City Council of the ake Elsinore approval of Zoning Ordinance Text ne t No. 2009 -04. the Public Hearing at 6:02 p.m. Acting ComffiDfi Development Director Weiner indicated the purpose of this item is to propose Zon; rdinance Text Amendment No. 2009 -04 amending several sections of the fake Elsinore Municipal Code (L.E.M.C) in order to make the Planning Commission an advisory body and the City Council a final decision making body for conditional use permits (CUP) and variance requests. He stated in addition, the Planning Commission would amend the L.E.M.C. regarding the placement of design review requests under the Business Item heading of the Planning Commission and City Council agendas. Chairman Zanelli requested any public speakers to speak either for or against the item. Agenda Item No. I a, Page 2 of 8 There being no requests to speak, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Deputy City Attorney Winterswyk indicated prior to the Planning Commission Meeting it was brought to her attention that some language needed to be amended or deleted. The correction would be to Codes 17.184.090, 17.168.055 and 17.172.055 under Action by the City Council which was read into the record as follows: § 17.184.090 Action by the City Council: A recommendation of the Planning Commission shall Council after the Planning Commission meeting he §17.168.055 Action by the City Council: § 17.172.055 Action by the City Council: Commissioner Planning Comi going to vote proposed char confusing. He the Commissi< oner GonZ s note by the City �uncil. of the findings and ansmitted to the City i even thou - f°he is b opposed to the idea of the an advisory anel for;4City Council, he stated he is not K changes due to the discussion portion and felt the d poorly, mist ding, factitiously incorrect and basically rding of e" code stating "Shall or May" eliminates 1>1 He recommended to the Commission to any decision made by the Commission could be Commiss ei; Mendoza asked how many surrounding cities follow the same procedures, antl have the current procedures been used. He asked if the entire City Couri lI irected the City Attorney to research the matter as he does not feel comfortable iaVing one person on the Council make the decisions for the entire body. He expressed his concerns with the appeal process and how approving this project would eliminate the appeal process for the citizens. He stated until he has an answer to his questions, he can't vote in favor of the project. Acting Community Development Director Weiner replied by saying the CUP procedures the City currently used were established around 1986. He noted that appeals do not happen often. He stated he does not have the exact number of occurrences but feels that two per year is approximate. Agenda Item No. I 0ti- Page 3 of 8 Deputy City Attorney Winterswyk added, on certain occasions various members of the City Council had expressed their concerns to the City Attorney. She stated the request for the Zoning Text Amendment is brought before the Planning Commission by the Mayor based on his authority set by the City Council Policy Manual. She stated the remaining members of the Council would consider the Planning Commission's recommendations and would determine whether approve, change or deny altogether. Commissioner O'Neal concurred with the concerns of Commissioner Mendoza regarding the appeal process and stated this would take away the ability for five members to review the project instead of ten. He stated lie''is not pleased with removing Design Reviews from the Consent Calendar. \\ \ Deputy City Attorney Winterswyk replied by say!, <\ only Nh or Design Reviews would remain under the Consent Calendar an • 11 esign ews would follow under the Business Item heading. ,. Vice - Chairman Flores concurred with al(TrP He stated he doesn't understand how or what �c if there was a particular issue, why it was Commission in the past. Chairman Zanelli indicated that he I Commission. He asked staff if any m has left them confusec(,,nd if so, how Commissioners on their thoughts. aused the decision of the Mayor and neer mentioned to the Planning mig most Of I atements made by the N Council expressed that a process :s at period of time. Acting Commune "Develo i ent Direct6Meiner replied by saying members of the City Council oft ould quest verification on land use and planning related issues. ���v "�,�� Chairm6 2aneili, tat ed ;oyt a best is knowledge he was unaware of any issues. He stated he has a nde fanning staff meetings since he became Chairman oftl 1z Planning C ission feels the planning staff has provided as much infor ' n to the p to help them understand a process. He indicated his prima ­110 7cern is wit a changing of a process that would eliminate an appeal to the Planning (ommiss on's decision and the appellant would need to file an appeal with the Superor,Courtif they choose to proceed. Deputy City Attorney Winterswyk stated there seems to be some confusion with the filing of an appe I. She stated if the applicant has an issue with the decision of the Planning Commission they could still file an appeal as that part of the code not change as proposed. Chairman Zanelli suggested to the Commission to have staff develop a flowchart of the development processes in the neighboring cities in order to see if there is room for improvement. He also suggested communicating with the development community on any proposed changes to the Text Amendment and once the Text Agenda Item No. I 0 Page 4 of 8 Amendment has been adopted, have the flowchart available on the City's Web site and at City Hall. Commissioner O'Neal suggested to the Commission continuing this item and requests the City Council to add a statement that would direct the Planning Commission. Commissioner Mendoza requested how many complaint and appeals have been received in the past five years and the outcomes. He concurred with having the item continued. 1,06 Chairman Zanelli stated as far as he is concerned Community Development Director to continue this, Planning Commission has had a successful system 1 no urgency in changing. 9 Y 9 »\\ .,,. Deputy City Attorney Winterswyk quoted,x ; ovemi states, when the City Council has requestedthe I make a recommendation on a Zoning Ordina e occur within a reasonable amount of time not to e- if the Planning Commission failsbt make a recomr then the legislative body (Cityu, il) could presumption that the recommendaton was It appr it was presented to them. a It was motioned continue the Zo Regular Plannn€ Conditional Use Id be up to the Acting y a date certain as the three years and sees Code Sectidn which Commission review and a ew and recommendation forty (40) days. She stated ation within that time period, j the, Ordinance with the i Ordinance in the form as Zanelli and seconded °by Commissioner Mendoza to ;e Text Amendment No. 2009 -04 to July 7, 2009 iff was dir ected. to prepare a flowchart regarding the Variance entitlement process, as well as other AYES: 5 ZANELLI =CE- CHAIRMAN FLORES (COMMISSIONER GONZALES \ ��COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Agenda Item No. 10- Page 5 of 8 BUSINESS ITEMS) 3. General Plan Conformity Determination for Proposed Capital Improvement Program Tor Fiscal Years 2009/2010 - 2013/2014 Recommendations: It is recommended that the Planning Commission: a. Adopt Resolution No. finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. b. Direct staff to forward a copy of this report and t Planning Commission Resolution No. to the City Council as require y Section 65401 of the Government Code. Acting Community Development Director Weiner Planning Commission to adopt a Resolution fii Capital Improvement Program (CIP) conforms'o the Public Works Director /City Engineer Seuii 91 a make plans for the installation and refurbit facilities. He stated the CIP for the fiscal years organizes projects and lists available funding and l of the projects listed is the signal�t Gl_nnersor x �s important project. zN , Commissioner year. Acting Com if the Director be tlilfts a request for the the pr `' ,sed five (5) year Elsinore General Plan. CIP enabl "efhe City to wblic infrastructure and 2010 through 2013 -2014 3ted costs. He noted one :rside Drive which is an would be completed by this replied by saying "Yes." Commission could receive an updated in the listed project for the fiscal years Seumalo responded by saying "Yes." There motion. from the Commission, Chairman Zanelli called for a It was motionedp"by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -34 finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. Agenda Item No. I C Page 6 of 8 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS Public Works Director /City Engineer Seu • He provided an update of the Dexter Avenue pro; scheduled to be paved next Fnddkwp.nd the striping �. • He stated that the lanes on Centrat�v6,ue would for work to take place on the north side of�tt s ree • He expressed his pleasure working with thewCp is professional and thRtful and statetl it isa 10 Acting CommunitYnb'°e • He spoke of the Bi Cultural Centerat 5: PLANNING COMMIS Commis pr O'Neal • No comments � ) SF Commissioner Gonza' • No comments. on the He stated Dexter Avenue is Feek after. ao,s�hift to the south in order and how the Commission with them. iner commented on the following: held on May 21, 2009 at the City's on the following: commented on the following: Commissioner Mendoza commented on the following: • No comments. Agenda Item No. I C�_ Page 7 of 8 Vice - Chairman Flores commented on the following: • No comments. Chairman Zanelli commented on the following: • He asked about Allen Street and if all the drainage issues have been resolved. Public Works Director /City Engineer Seumalo replied by saying he believes the residents have filed a claim with the City. He stated staff is still working with CalTrans on that project. ,_ ADJOURNMENT It was the consensus of the Commission to Planning Commission meeting at 6:00 p.m. Elsinore, CA. 92530. A Chairman Zanelli adjourned the meeting NG Respectfully Su DANA P OFFICE fa TOM WEINER ACTING DIRECTOR OF,OMMUNITY DEVELOPMENT thee 2, 2009, Regular 183 N >,�`",Nhain Street, Lake 1AIRMAN ISSION Agenda Item No. I O�. Page 8 of 8