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HomeMy WebLinkAboutItem 1aCITY OF LADE LSIT` OKE & DREAM EXTREME i5l REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: KRISTINE HERRINGTON OFFICE SPECIALIST DATE: JUNE 5, 2012 SUBJECT: APPROVAL OF MINUTE(S) Recommendation It is recommended that the Planning Commission approve the Minutes as submitted. a. May 1, 2012 b. May 15, 2012 Prepared by: Kristine Herrington` Office Specialist ~ wCf` Approved by: Warren Morelion, AICP Acting Director of Community Development PC June 5, 2012 Item No. 1 Page 1 of 1 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 1, 2012 CALL TO ORDER Chairperson Jordan called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE Commissioner Blake led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jordan Vice Chairperson O'Neal Commissioner Blake Commissioner Gonzales Commissioner Morsch Absent: None Also present: Acting Community Director Seumalo, City Attorney Office Specialist Herrington: Public Works MacHott, and None. 1. a. Mari b. April Recommendation: Approval Motion by Vice Chairperson O'Neal, seconded by Chairperson Jordan, to approve the Planning Commission Minutes of March 20, 2012 and April 3, 2012; Motion passed by 5-0 vote. PUBLIC HEARING ITEM(S) 2. Zone Code Amendment No. 2012-01 -A request to amend portions of Chapters 17.08, 17.20, 17.104 and 17.128 of the lake Elsinore Municipal Code to implement Residential Boat Dock Standards. PC June 5, 2012 Item No. 1a Page 1 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 2 of 10 Recommendation: Adopt a resolution recommending that the City Council of the City of Lake Elsinore approve Zone Code Amendment No. 2012-01. Acting Director of Community Development Morelion presented the Staff Report. Vice Chairperson O'Neal asked if someone owns property on the Lake are they permitted to build a boat dock without owning a home or any other structure on the property. Director Morelion stated yes. REQUESTS TO SPEAK Tim Fleming, resident in Lake Elsinore, stated that`he ism" osed to the Draft Ordinance and that it is not what the City's residentsant oi1e shoreline of the lake. He stated that he has a copy of the City's"'Codes and Ordinances dated 2004, and indicated that unless those Codes and Ordinances ace In oned, the City cannot move forward with the cur~e~Rt prop ed Ordin ance e noted that his main goal is to protect the properties afon Lakeshore" Drive from Manning Street to the Seaport Launch. Ben Butterfield, resident in Lakeland,Village asked'if ,#he Commissioners have been educated regarding the regulations1 the Ordtriance. Commissioner Morsch stated that he was a member of teo k Standards Committee that reviewed the Ord~ftpe. Mr. Butterfield as how the Commission can F make a decision re . r ing`s-mething that they dorl t understand. ' v4. /i V"k Chairperson Jordan stated, hat the Commissioners received the pertinent i~ information regarding the A anc prior- to the Planning Commission meeting and she did revie# all reVk*,and ed"O' to herself regarding all information. Pay1 Caastaguo, residentzpf Lall/ d'sinore, stated that he had concerns regarding Item No~,4, 20, 21,E"~ and' 51 within the "Draft Standards for Residential Private Doeks". Mr. Castaguo stafo to /@some of the items are safety issues. Kim Cousins, Lake'Elsinore Valley Chamber of Commerce, stated that he had issues concerning the anchoring of the docks when the elevation changes in the Lake. He asked if County of Riverside's Ordinance coordinates with the City's Standards. His concern is that both sides of the Lake have the same Standards. Craig Sargent-Beach, resident in Lakeland Village, recommended the following: • Dock permit fees need to be specified more clearly. PC June 5, 2012 Item No. 1a Page 2 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 3 of 10 • Change the wording on Item No. 41 and replace with "a roll-in type dock is a portable dock that is supported above the waterline on wheels that rest on the lake bed" • Item No. 20 wording be revised regarding lake elevation • Review the width and length requirements of boat docks • That the residents choose which insurance to use Commissioner Morsch stated that the dock fees are explained on page 10 of the "Application for Residential Private Dock Permit" form. Mr. Fleming stated that he has a copy of the Lake Elslnd?6 State Recreational Area General Plan from 1984 which states the pitfall%#& having docks on the edge of the Lake but he indicated that he supports roll=m docks. James Lee, resident of Lakeland Village, askQf f}e Courts f Riverside was involved with the "Boat Dock Standardsw-doc&nent A I Director of Community Development Morelion stated the C K my was co, 0c ,ed,,>but they stated that since the Lake has very few boa ~cksj ,ey were not Interested in getting involved. Mr. Lee requested clarlficatio t1,1 ether to contact the City or the County regarding boat dock fees since resident in the Count he Is, y. Attorney Leibold explained that the State quitclaimed ~t Lake to the City of Lake Elsinore and the City is charged with protecting and~~Q oting the health and safety of the Lake. While, the City doesn t e"'efcise lan se regulatory authority ra~~ over properties outside of its territorial fun!dit~I I icated that as soon as someone puts some aye the Lake,`~t1~a City i harged with ensuring Lake safety and prote its T~creational 'purposes. The City is exercising its regulatory author't~ publicafety throu, ty,e Boat Dock Standards. Cathy Lubby County of Rlersltle r ~dnt, stated that she has issues with the require d~psurance~'a d req sted that Cie item be continued to give the residents that Ilve in the Coun he op°'p~p }Ini to get representation from the County. Sandra S nette, resld~,in Lafkeland Village, stated that she is opposed to the permit feel jai that the'~ounty residents need representation. She wanted to know why th ~ity hasyjurisdiction over the residents in the Lakeland Village area. City Attorney Leibold stated that the item presented to the Planning Commission this evening is to amend certain provisions of the City's Zoning Ordinance (Chapter 17 of the Lake Elsinore Municipal Code) to achieve consistency in the land use regulations of boat docks for properties located within the City. Chapter 17 does not apply to the properties outside of the City. including those unincorporated properties in Lakeland Village. The proposed Boat Dock Standards will be considered by the City Council, and those Standards will be incorporated in Chapter 15 of the Lake Elsinore Municipal Code which will apply to and regulate all boat docks in the Lake. She also noted that the City is proposing uniformity and consistency with the health and safety standards to PC June 5, 2012 Item No. 1a Page 3 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 4 of 10 protect the integrity and recreational purposes on the Lake. She also noted that the Planning Commission does not exercise jurisdiction over the "Boat Dock Standards", it is a Legislative decision that will be presented to the City Council. Vice Chairperson O'Neal recommended that this item be continued so that staff can resolve various issues before going to City Council. Commissioner Morsch asked Director Morelion if the property owners surrounding the Lake in the City and the unincorporated areas of the County were notified of the Public Hearing. Director Morelion stated yes. Commissioner Morsch thanked staff that worked on the "Boat Dock Standards" and stated there have been meetings regarding the "Boat Dock Standards" and mentioned that many of the residents that spoke at these meetings) Ilue in the unincorporated areas, so they did get notified of the Public Hearings` Commissioner Morsch asked City Attorney the issue of insurance and if the City ha property owners indemnify the City againsf that the questions and concerns that investigation. She suggested that stall alternatives. Commissioner Morsch addressed c decision to require roll-in docks as of anchorage system re,p ent, retr 1255 foot elevation RI FIN o~iock re Chairperson Jordan eked h ow the three days tg p air a 66at dock C,9 three da sasr~adequate ;ffpe to rej time than extenslon;can oe;fited w eboTdr how the 0% ,should handle to be,additionally insured or can ~ility. C y Attorney Lerb`old stated 159& raised justify further 36cgmmittee look into possible Ps that e raised such as the t ~ ~fjhg docs, the standardized ~cks chorage of the poles, the , etc. :)m fn ttee decided to set a maximum of pssioner Morsch stated that they thought Va boat dock, and if that wasn't enough the City. Ronald Casner, residen f Lakeland Village, stated that he doesn't agree with the 1255 fo0t,..outflow c~nnel, and indicated that it is 1267 feet per the Army Corp of Engirt rs. Director of Public Works Seumalo stated that the high point of the outflow cfghnel 1 1255 feet. Bill Savos, resided of Lakeland Village, stated that he agreed with the City's statement regarding 1255 feet. Commissioner Morsch stated that the "Boat Dock Standards" Sub-Committee met seven times since September 2011 to review every element of the Standards, keeping the public interests in mind. Commissioner Gonzales stated that he was having trouble figuring out the fees and requested that the issues get resolved before it goes to City Council. PC June 5, 2012 Item No. 1 a Page 4 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 5 of 10 Commissioner Blake stated that he appreciates Director Kilroy's expertise and knowledge of the Lake and asked him to discuss the "Boat Dock Standards" process. Director Kilroy discussed the Standards and explained the fees. He stated that he thought the document is very reasonable and finds the middle ground. He suggested that those that request an exemption to the Standards can apply for a CUP to present to the Planning Commission. Commissioner Blake asked Director Seumalo to address the flood issues around the Lake. Director Seumalo discussed the Lake's capacity issue. Commissioner Blake asked Director Kilroy to discuss the difference between the concrete footing anchorage and the piling anchorage. Director Kilroy~)`eplained each. Chairperson Jordan asked what the dimensions are,,,,o Nipillar poles. Director Kilroy stated that the "Draft Boat Dock Standards o n tpermit permanently fixed anchor poles, and would need to go throggh da,CUP process. Chairperson Jordan asked why residents are required to '.have a year arot{r~d permit for a dock. Director Kilroy stated that the City inspects th~docks once` a"year to make sure that everything is still in compliance, no ' a dilapidated state and to confirm that residents apply for a new permit a ~ . hy the City is requiring Chairperson Jordan asked DlrectctrKilroy to expy Nh additional insurance. Director Kpy~sated that ~ggested State Farm Insurance because Its a local insucb any Lake and if residents have a dwelling on their property, It ,well ~9, t k ffi a dttional $10.00 to get the insurance required byHt "boat Dock Standards Chairperson Jordsked Why a property owner is the only one that can apply for a dock permit, ar~~ot a contractor or;:ah owner's representative. Director erty owner is also the owner of the Kilroy stated at it Is o1rassure #ha 1t, e,prop F•r dock Commisslo' Morse stated t~ibt the application for the building and the annual~,pbrmit woufd,be.frorii ffae_owner. ChairpefSmp Jordan askbd whr," a maximum of four boat slips per dock are allowed anc;; w did theggCommittee come up with that number. Director Kilroy stated that the current annual Boat Lake Use Permit that can be purchased by a shoreline propert11, r allows up to four boats. Chairperson Jordan asked about setbacks of_ docks. Director Kilroy explained that the Subcommittee considered the set acks and indicated that there is sufficient room for the boats to maneuver. Chairperson Jordan asked if there is a maximum exceedance for platforms. Director Kilroy indicated that the Dimensional Requirements for Property table states 60 feet long and 8 feet wide which limits the square footage. Chairperson Jordan read Item No. 44 of the Draft Boat Dock Standards that states "All shoreline property owners with existing docks on Lake Elsinore are required to obtain a permit number from the City within ninety (90) days of PC June 5, 2012 Item No. 1a Page 5 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 6 of 10 adoption of these Standards for Residential Docks" and asked how the property owners are notified. Director Kilroy stated that as soon as City Council adopts the Standards, the City will mail a Notice to all shoreline property owners, will reference the item and will have ninety (90) days to obtain a permit. Chairperson Jordan reiterated that the Planning Commission is voting on the "Ordinance", not the "Boat Dock Standards" and that the City Council will be approving the "Boat Dock Standards". Vice Chairperson O'Neal stated that there are other insurance companies to use other than State Farm which was the suggested company 6,X the Subcommittee and stated that naming the City for an additional insure IIII be'a problem. Also, he asked if it is $300,000 aggregate or per occurrence ector Kilroy stated per occurrence. City Attorney Leibold stated that the-cu =p t needs to specify. Vice Chairperson O'Neal suggested raising the Insurance Iltt ttwhich isn't much more. Commissioner Blake asked what is being should have been removed by the property City will notify the property owner and will go the abandoned>'docks that "Director Kilroy stated the an abatement process. Vice Chairperson O'Neal thanked; :the.. Commission meeting, and indicated 8i-,,, issues that the City's residents haveas residents may have lfa tanning Coat M they are welcome _,I5 Wesiffill,9 the City iing to the Planning does try and address s issues that County to resolve the issues, Ray Stanet, Lakela bI allagek resident, stated that there are several issues that the residents fo~6 save andggestetl co)npaitmentalizing them. He stated there ui , r G was confusion' rding ~N}ten to apply for a CUP, and asked if this was the Planni# ommlg 11o furietton to approve CUPs. Vice Chairperson O'Neal stat x that all CUP Mme before the Planning Commission. City Attorney LeiboI clarified when UPsi required. Mr. Stanet asked if the Standards would be open for reviev and modification. Acting Director Morelion stated that currently they re Dry Standards which are now open for review and modification C6r mI I ner Morsch stated that while it is important to have the public comment to Subcommittee has narrowed the document that they feel consolidates all of;the views and draws a happy medium. Mr. Stanet asked if there is an overlay on Lakeland Village by the General Plan that affects the residents. Acting Director Morelion stated that there is no lakeshore overlay in Lakeland Village. Acting Director Morelion read the proposed Resolution recommending that the City Council approve Zone Code Amendment No. 2012-01. It was moved by Chairperson Jordon and seconded by Commissioner to approve the proposed Resolution. A substitute motion was made by Vice Chairperson O'Neal PC June 5, 2012 Item No. 1a Page 6 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 7 of 10 and seconded by Commissioner Gonzales to continue the item to the June 5 Planning Commission meeting. Following procedural rules, Chairperson asked for a vote on the substitute motion first. The motion to continue the item passed by a vote of 3 to 2 with Vice Chairperson O'Neal and Commissioners Gonzales and voting in favor and Chairperson Jordon and Commissioner voting against. WORKSHOP 3. Planning Consultant MacHott presented the Staff Commissioner Morsch requested that Plann PowerPoint presentation to the Commissic stated that he would do so. Vice Chairperson O'Neal stated that he didn't`Ob I Structures and noted that it was on the Gene MacHott stated that he didn't list every structure di were created and some of the Inforr6at an wasn't City has notebooks which include man I s re: lists, but that many of those structure o 1_ Iltant'4McHott E-Mail the ning Consultant MacHott fuse on the list of Historic in. Planning Consultant the fact that different lists Irate. He noted that the ;were not on any historic Ruth Atkins, mem4e(of the, Historic So'rety, stated that there are books that do have Vice Chairperson O'Neal's house as as a Historic Structure but there are gaps in some of~the books. Nis Atkins, Inaduced Joyce Hohenadl of Riverside County Histop~ Commiss~onQ expert on guiding residents on how to register trr% hb~s on aIStoric Its Ms. Atkins stated that in 1982 the City Counc),a rapproved`a~ esolution for the formation of a Historic Commission but wasrnot sure what happened eft~r that. She stated that she appreciated the Commission s interest In the `historic criteria of the City's buildings and emphasize1k at the HiOoj~ic Commission is on a volunteer basis only. Ms. Hohenadl stated that an Ordinance was adopted by the City Council but was not sure what hap~';ened after that and suggested having a Subcommittee to the Planning CommisaGn (unpaid) to advise the Planning Commission about the City's historic preservation. The Commission thanked the Historical Society for attending the meeting. Commissioner Morsch volunteered to be on the Committee. Vice Chairperson O'Neal stated that he would like to see the Commission and the Committee get involved in the inventory of historic structures and volunteered to be on the Committee. PC June 5, 2012 Item No. 1a Page 7 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 8 of 10 Ms. Hohenadl stated that if the City has a Historic Committee then the City should require Code Enforcement to be involved with identifying historic properties and what should or should not be torn down or preserved. Chairperson Jordan asked if the City has a Historic Preservation fund. City Attorney Leibold stated no. Chairperson Jordan stated that she researched this and suggested that the City look into various programs like the Mills Act to implement an incentive program for residents that own historic homes and could possibly get a tax break if their homes are registered. Mr. Cousins stated that he would be happy to volunteer, e Committee and suggested prioritizing the buildings. He also suggested id' of ing structures that are a nuisance or non-repairable and disposing of those:structures. Chairperson Jordan suggested that the City's Osimanee be u1id ted such as the Historic Downtown Overlay District. Commissioner Morsch stat;that he would E-Mail to the Commissioners the proposed~Ordinance of 1982 Gity,Attorney ne Leibold stated that the Ordinance was passryd but Was never Impl ffi%nted and wasn't incorporated as part of the Municipal @o 'She suggested that the Committee or an Ad Hoc Advisory Committee r~ arch what happened in 1982 and propose an updated rewslone Ordinance Vice Chairperson O'Neal suggestedWmovingthls forwarnd placing an item on the Agenda for June 5t'. All Commissoners agre Planning Consultar "I'll M a t stated that he would forward a copy of the Resolution that pprovd# in 1982, ahd a copy of the proposed Ordinance that was included in~fe, Vick Knight Study tb the Planning Commission and the City Clerk by E Mall or would"d, own' lopd .their onto the City's FTP site. City Att~mey LeiboI stated fiat there will be a Planning Commission meeting to be ,6k' on May 15« and the~Co "mission could place the Historic Preservation discuss1l y, 4n that Agenda as a Business Item with a proposed action and recommendetlon, includtI a tour of the Historical Society Museum. All the Commissionersagreed wjth this suggestion. 4. Receive and File Underground Ordinances Director Seumalo presented the Staff Report. Chairperson Jordan stated that Viet Tran of Edison said that he would come to the Planning Commission meeting and give a presentation. Commissioner Morsch expressed his disappointment that Mr. Tran didn't come to the meeting because he was suppose to provide the Commission with technical information on the cost of undergrounding high voltage lines. PC June 5, 2012 Item No. 1a Page 8 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 9 of 10 Director Seumalo stated that when E-Mailing Mr. Tran, was informed that he was on vacation and assumed that is why he didn't attend the meeting. Director Seumalo addressed Commissioner Morsch's question regarding funding underground powerlines and the cost of removing and relocating the City's trees to do this. Vice Chairperson O'Neal stated that trees need to be trimmed on Gunnerson Avenue. Director Seumalo stated that he would follow up with staff regarding this. Mr. Fleming stated that he was submitting a document tc Commission from the California Public Utilities Commission Energy Dh ision regarding "Undergrounding" and referred to Section 35 Tree Trimrntng, dated February 12, 2000. He indicated that the document explains the rifles regarding tree trimming and undergrounding. Also, he stated that povgerlUnes are to be installed from Riverside, going through Lake Elsinore All A"ay to San go, and noted that the City is suppose to receive fundmgpf'one mi lion dollars o ctete this. He emphasized that it is use or lose fundings 31% Vice Chairperson O'Neal asked about the the powerlines. Director Seur*,, xpla regarding this. ulatory Authority regarding qty's Regulatory Authority Mr. Cousins discussed street repair install FIOS and as4ed,,j City I ROW h Seumalo stated that,t'is Is~~,,encro< Companies for reir' I-semet~~ 'e ,done after Utility Companies urse fof reimbursement. Director and the City does go after the Utility Improvement Update. Planrnnc . nsultant M4 oft thanked the Commission for their interest in the conservati in of the City istorical resources, and is looking forward to working with them in e"lishing`some meaningful procedures for the City. Acting Director M' tdibn stated that the City received four applications for the Planning Commission's appointments and the interviews will be on May 15th. Also, stated that Community Development has funding available for training classes for the Commission and encouraged the Commissioner to attend. CITY ATTORNEY'S COMMENTS None. PC June 5, 2012 Item No. 1a Page 9 of 10 City of Lake Elsinore Planning Commission Regular Meeting Minutes of May 1, 2012 Page 10 of 10 PLANNING COMMISSION COMMENTS Commissioner Blake stated that it's exciting to see the community outpour for wildlife habitat in the City and for the community to work together for the future. Commissioner Morsch thanked staff for the help regarding the historic preservation as well as all of the work they did on the Boat Dock Standards Ordinance. He also stated that he was a participant in the Reality Rally in Temecula with Mayor Tisdale, and City Clerk Bloom, representing the City of Lake Elsinore and said it was fun and was a charity event for breast cancer research. Vice Chairperson O'Neal stated that his daughter was one of the finalists on State Level National History Day and will be Miss Lake Elsipge this year. . Chairperson Jordan will not be at the June 5th,Pl`ammng Co ii -meeting. VS' \ N. ADJOURNMENT M There being no further business to come bbd the Planning Commission, Chairperson Jordan adjourned the meeting at °9 5Q p.m. The next regular meeting of the Planning Commission of the City of Lakes Elsinore will be held on Tuesday, May 15, 2012, at 6:66"1", the Cul~ral Center located at 183 N. Main Street, Lake Elsinore, Caltforni4`.: • .11 Shelly Jordan Chairperson Attest: unity PC June 5, 2012 Item No. 1 a Page 10 of 10