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HomeMy WebLinkAbout05-01-2012 NAHCITY 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 Development Director Morelion, Public Works Director Seumalo, City Attorney Leibold, Planning Consultant MacHott, and Office Specialist Herrington. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR ITEM(S) Minutes for the following Planning Commission meeting(s) a. March 20, 2012 b. April 3, 2012 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) 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. 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 is opposed to the Draft Ordinance and that it is not what the City's residents want on the 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 are abandoned, the City cannot move forward with the current proposed Ordinance. He noted that his main goal is to protect the properties along Lakeshore Drive from Manning Street to the Seaport Launch. Ben Butterfield, resident in Lakeland Village, asked if the Commissioners have been educated regarding the regulations of the Ordinance. Commissioner Morsch stated that he was a member of the Boat Dock Standards Committee that reviewed the Ordinance. Mr. Butterfield asked how the Commission can make a decision regarding something that they don't understand. Chairperson Jordan stated that the Commissioners received the pertinent information regarding the Ordinance prior to the Planning Commission meeting and she did review all review and educate herself regarding all information. Paul Castaguo, resident of Lake Elsinore, stated that he had concerns regarding Item No.'s 14, 20, 21, 41, and 51 within the "Draft Standards for Residential Private Docks". Mr. Castaguo stated that 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: 0 Dock permit fees need to be specified more clearly. 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 Elsinore State Recreational Area General Plan from 1984 which states the pitfalls of having docks on the edge of the Lake but he indicated that he supports roll-in docks. James Lee, resident of Lakeland Village, asked if the County of Riverside was involved with the "Boat Dock Standards" document. Acting Director of Community Development Morelion stated that the County was contacted but they stated that since the Lake has very few boat docks, they were not interested in getting involved. Mr. Lee requested clarification on whether to contact the City or the County regarding boat dock fees since he is a resident in the County. Attorney Leibold explained that the State quitclaimed the Lake to the City of Lake Elsinore and the City is charged with protecting and promoting the health and safety of the Lake. While, the City doesn't exercise land use regulatory authority over properties outside of its territorial jurisdiction, she indicated that as soon as someone puts something in the Lake, the City is charged with ensuring Lake safety and protecting its recreational purposes. The City is exercising its regulatory authority for public safety through the Boat Dock Standards. Cathy Lubby, County of Riverside resident, stated that she has issues with the required insurance and requested that the item be continued to give the residents that live in the County the opportunity to get representation from the County. Sandra Stanette, resident in Lakeland Village, stated that she is opposed to the permit fees and that the County residents need representation. She wanted to know why the City has jurisdiction 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 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 live in the unincorporated areas, so they did get notified of the Public Hearing. Commissioner Morsch asked City Attorney Leibold how the City should handle the issue of insurance and if the City has to be additionally insured or can property owners indemnify the City against liability. City Attorney Leibold stated that the questions and concerns that have been raised justify further investigation. She suggested that staff/subcommittee look into possible alternatives. Commissioner Morsch addressed other issues that were raised such as the decision to require roll-in docks as opposed to the floating docs, the standardized anchorage system requirement, retreating docks, anchorage of the poles, the 1255 foot elevation limit, boat dock repairs, etc. Chairperson Jordan asked how the Committee decided to set a maximum of three days to repair a boat dock. Commissioner Morsch stated that they thought three days was adequate time to repair a boat dock, and if that wasn't enough time than an extension can be filed with the City. Ronald Casner, resident of Lakeland Village, stated that he doesn't agree with the 1255 foot outflow channel, and indicated that it is 1267 feet per the Army Corp of Engineers. Director of Public Works Seumalo stated that the high point of the outflow channel is 1255 feet. Bill Savos, resident 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. 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 explained each. Chairperson Jordan asked what the dimensions are of the pillar poles. Director Kilroy stated that the "Draft Boat Dock Standards" do not permit permanently fixed anchor poles, and would need to go through a CUP process. Chairperson Jordan asked why residents are required to have a year around permit for a dock. Director Kilroy stated that the City inspects the docks once a year to make sure that everything is still in compliance and is not in a dilapidated state and to confirm that residents apply for a new permit every year. Chairperson Jordan asked Director Kilroy to explain why the City is requiring additional insurance. Director Kilroy stated that they suggested State Farm Insurance because it's a local insurance company on the Lake and if residents have a dwelling on their property, it will cost an additional $10.00 to get the insurance required by the "Boat Dock Standards". Chairperson Jordan asked why a property owner is the only one that can apply for a dock permit, and not a contractor or an owner's representative. Director Kilroy stated that it is to assure that the property owner is also the owner of the dock. Commissioner Morsch stated that the application for the building and the annual permit would be from the owner. Chairperson Jordan asked why a maximum of four boat slips per dock are allowed and how did the Committee come up with that number. Director Kilroy stated that the current annual Boat Lake Use Permit that can be purchased by a shoreline property owner allows up to four boats. Chairperson Jordan asked about setbacks of the docks. Director Kilroy explained that the Subcommittee considered the setbacks 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 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 by the Subcommittee and stated that naming the City for an additional insured will be a problem. Also, he asked if it is $300,000 aggregate or per occurrence. Director Kilroy stated per occurrence. City Attorney Leibold stated that the document needs to specify. Vice Chairperson O'Neal suggested raising the insurance limit which isn't much more. Commissioner Blake asked what is being done about the abandoned docks that should have been removed by the property owners. Director Kilroy stated the City will notify the property owner and will go through an abatement process. Vice Chairperson O'Neal thanked the public for coming to the Planning Commission meeting, and indicated that the Commission does try and address issues that the City's residents have as well as address issues that County residents may have. If the Planning Commission is unable to resolve the issues, they are welcome to present to the City Council. Ray Stanet, Lakeland Village resident, stated that there are several issues that the residents have and suggested compartmentalizing them. He stated there was confusion regarding when to apply for a CUP, and asked if this was the Planning Commission's function to approve CUPs. Vice Chairperson O'Neal stated that all CUPs come before the Planning Commission. City Attorney Leibold clarified when a CUP is required. Mr. Stanet asked if the Standards would be open for review and modification. Acting Director Morelion stated that currently they are Draft Standards which are now open for review and modification. Commissioner Morsch stated that while it is important to have the public comment, the 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 Morsch to approve the proposed Resolution. A substitute motion was made by Vice Chairperson O'Neal 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 Blake voting in favor and Chairperson Jordon and Commissioner Morsch voting against. WORKSHOP 3. Historic Structures Presentation (including a tour of the lake Elsinore Historical Society Museum located in the basement of the Cultural Center Planning Consultant MacHott presented the Staff Report. Commissioner Morsch requested that Planning Consultant MacHott E-Mail the PowerPoint presentation to the Commission. Planning Consultant MacHott stated that he would do so. Vice Chairperson O'Neal stated that he didn't see his house on the list of Historic Structures and noted that it was on the General Plan. Planning Consultant MacHott stated that he didn't list every structure due to the fact that different lists were created and some of the information wasn't accurate. He noted that the City has notebooks which include many structures that were not on any historic lists, but that many of those structures no longer exist. Ruth Atkins, member of the Historic Society, stated that there are books that do have Vice Chairperson O'Neal's house listed as a Historic Structure but there are gaps in some of the books. Ms. Atkins, introduced Joyce Hohenadl of Riverside County Historic Commission who is an expert on guiding residents on how to register their homes on a historic list. Ms. Atkins stated that in 1982 the City Council approved a Resolution for the formation of a Historic Commission but was not sure what happened after that. She stated that she appreciated the Commission's interest in the historic criteria of the City's buildings and emphasized that the Historic Commission is on a volunteer basis only. Ms. Hohenadl stated that an Ordinance was adopted by the City Council but was not sure what happened after that and suggested having a Subcommittee to the Planning Commission (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. 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 on the Committee and suggested prioritizing the buildings. He also suggested identifying structures that are a nuisance or non-repairable and disposing of those structures. Chairperson Jordan suggested that the City's Ordinance be updated such as the Historic Downtown Overlay District. Commissioner Morsch stated that he would E-Mail to the Commissioners the proposed Ordinance of 1982. City Attorney Leibold stated that the Ordinance was passed but was never implemented and wasn't incorporated as part of the Municipal Code. She suggested that the Committee or an Ad Hoc Advisory Committee research what happened in 1982 and propose an updated revision to the Ordinance. Vice Chairperson O'Neal suggested moving this forward and placing an item on the Agenda for June 5h'. All Commissioners agreed. Planning Consultant MacHott stated that he would forward a copy of the Resolution that was approved in 1982, and a copy of the proposed Ordinance that was included in the Vick Knight Study to the Planning Commission and the City Clerk by E-Mail or would download them onto the City's FTP site. City Attorney Leibold stated that there will be a Planning Commission meeting to be held on May 15th and the Commission could place the Historic Preservation discussion on that Agenda as a Business Item with a proposed action and recommendation, including a tour of the Historical Society Museum. All the Commissioners agreed with this suggestion. BUSINESS ITEMS 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. 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 to the Commission from the California Public Utilities Commission Energy Division regarding "Undergrounding" and referred to Section 35 Tree Trimming, dated February 12, 2000. He indicated that the document explains the rules regarding tree trimming and undergrounding. Also, he stated that powerlines are going to be installed from Riverside, going through Lake Elsinore. All the way to San Diego, and noted that the City is suppose to receive funding of one million dollars to complete this. He emphasized that it is use or lose funding. Vice Chairperson O'Neal asked about the City's Regulatory Authority regarding the powerlines. Director Seumalo explained the City's Regulatory Authority regarding this. Mr. Cousins discussed street repair that has to be done after Utility Companies install FIOS and asked the City has recourse for reimbursement. Director Seumalo stated that this is an encroachment and the City does go after the Utility Companies for reimbursement. STAFF COMMENTS Director Seumalo provided the Capital Improvement Update. Planning Consultant MacHott thanked the Commission for their interest in the conservation of the City's historical resources, and is looking forward to working with them in establishing some meaningful procedures for the City. Acting Director Morelion 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. 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 Elsinore this year. Chairperson Jordan will not be at the June 5th Planning Commission meeting. ADJOURNMENT There being no further business to come before the Planning Commission, Chairperson Jordan adjourned the meeting at 9:50 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore will be held on Tuesday, May 15, 2012, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Attest: W Warren Morelion Acting Community Development Director Shelly Jordan Chairpers