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HomeMy WebLinkAbout08-21-2012 NAHCITY OF LAKE ELSINORE F1 PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 21, 2012 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Jordan led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairperson O'Neal Commissioner Blake Commissioner Gray Commissioner Jordan Absent: None Also present: Acting Community Development Director Morelion, Public Works Director Seumalo, Planning Associate Resendiz, Planning Consultant Donahoe, Planning Consultant Coury, Deputy City Attorney Mann, 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. June 5, 2012 Recommendation: Approval Deputy City Attorney Mann stated that at the last Planning Commission meeting, certain Planning Commissioners were not comfortable voting on the Minutes with respect to a meeting that they did not attend on June 5, 2012. He stated that the Commissioners are entitled not to vote on the Minutes if they did not attend the meeting. If they prefer, they can abstain again, and take the votes of the Commissioners that are comfortable voting. City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 2 of 9 Motion by Vice Chairman O'Neal, seconded by Commissioner Jordan, to approve the Planning Commission Minutes of June 5, 2012, Motion passed by 3- 0-2 vote, with Commissioner's Gray and Blake abstaining. b. June 19, 2012 Recommendation: Approval Motion by Vice Chair O'Neal, seconded by Commissioner Jordan, to approve the Planning Commission Minutes of June 19, 2012; with the following revisions: Omit "Provides that the rear fencing to be wood that is adjacent to lot 326 ", and change the word "Provide" to "Suggested" a view fence between the property lines of 326 and 340; Motion passed by 4 -0 -1 vote with Commissioner Blake abstaining. PUBLIC HEARING ITEMS) 2. Tentative Tract Map No. 35000 — Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) Recommendation Adopt a resolution recommending to the City Council of the City of Lake Elsinore approval of Tentative Tract Map No. 35000, based on the attached findings, exhibits and conditions of approval. Planning Consultant Coury presented the staff report. Sharon Suhu -Wong of Los Angeles, stated that she contacted Planning Consultant Coury regarding a discrepancy of size of acres that was on the Public Hearing Notice. The Notice indicated 137.1 acres, and the staff report indicated 1,137.1 acres. She stated that surrounding property owners were not given the proper information and for that reason, those property owners possibly did not show up to the meeting. Chairman Morsch asked Deputy City Attorney Mann if this item would have to be continued due to the discrepancy of acreage. Deputy City Attorney Mann stated that the Commission would need to determine if the discrepancy is a "material difference" in terms of the notification to the property owners. Sharon Gallina, resident of Lake Elsinore, stated that she never received a �I Notice and she showed up at the meeting because she saw the Notice posted at City Hall. She also stated that the discrepancy on the Notice is a big problem and if her neighborhood would have known about it, they would have attended the meeting. City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 3 of 9 The applicant, Hardy Stozier, Environmental Consultant for the project, stated that he believes the Public Hearing was published in the Press Enterprise and everyone that lived within a 300 foot radius did receive a Notice. Planning Consultant Coury confirmed. Chairman Morsch clarified that what was being discussed at this time was Item No. 2, not Item No. 3. Commissioner Blake asked for clarification regarding legal noticing to residents and the radius of noticing. Mr. Strozier clarified that it is a 300 foot radius to notify residents throughout the entire 1000+ acre property. The applicant provided the radius maps and mailing labels which were verified by the Title Company. Vice Chairman O'Neal asked who prepared the Notice. Planning Consultant Coury stated that staff prepared the Notice. Commissioner Blake stated that the typo came from the City and asked if this is a legitimate Notice because there is quite a difference in the number of acreage. The applicant, Tom Tomlinson of Castle & Cooke, addressed the Commission regarding the Tentative Tract Map and clarified the discrepancy of acreage on the Notice and in the staff report. He stated that the actual acreage is 1,371.1 which is identified correctly in the body of the staff report. He noted that the mining operation and the development are separate entities. Acting Community Development Director Morelion stated that if the Commission decides to approve this, it still has to go to the City Council for approval at which time a correct Notice of Public Hearing will be sent out and re- circulated to residents within the legal radius. Commissioner Gray stated that since the item will be presented to the City Council with the correct information, he doesn't object to the project. Commissioner Jordan has no objection because it will be presented to the City Council. Vice Chairman O'Neal stated that he is troubled by the fact there was a mistake on the Notice but is not too concerned because it will be re- noticed with the correct information and will be presented to the City Council. Chairman Morsch stated that although he is sympathetic to those that were misinformed due to the discrepancy of information on the Notice, he doesn't think it rises to the level of re- noticing and believes it doesn't affect the overall operation, and has no impact on the neighboring communities. Motion by Commissioner Jordan and seconded by Commissioner Gray to approve Resolution No. 2012 -25, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 4 of 9 F1of Lake Elsinore, approval of Tentative Tract Map No. 35000 Generally located on the West side of Lake Street at Temescal Road; Motion passed 5 -0. 3. Planning Consultant Coury presented the staff report. Paul Macarro, Cultural Coordinator for the Pechanga Reservation, stated that they are not opposed to the project rather to a lack of mitigation measures for their ancestors' cultural resources. Commissioner Jordan asked Mr. Macarro what he is in opposition to. Mr. Macarro stated that they are opposed to the sudden change in the mitigation monitoring. Commissioner Jordan asked what Pechanga would like to see done. Michelle Fahley, House Council with the Pechanga Tribe, stated that they would like to have their Tribal Monitors there as they have with Lake Elsinore in the past. Commissioner Jordan informed her that this requirement was in the Conditions of Approval. Ms. Fahley stated that the condition, referring to Condition No. 18 is one of the most disrespectful to come out of the City because it allows the Director to determine who the Tribal Monitor will be. Chairman Morsch asked Ms. Fahley to walk through Condition No. 18 and point out her areas of concern. Ms. Fahley referred the statements appropriate Native American Tribal Representative, and designate the Native American Tribal Archaeological Monitor (Monitor) volunteer and would like those two statements revised. Acting Community Development Director Morelion stated that it was never intended for staff to pick a monitor from each tribe. Chairman Morsch stated that their intention is to preserve Indian artifacts and he would like to see a general agreement. Ms. Fahley stated that they provided comments to the City regarding their concerns and the Mitigation Measure and the conditions of Approval that are proposed for the project are not acceptable to the Tribe which they expressed to the City. She is requesting to work with staff and bring back a Mitigation Measure that both sides can be happy with and also to revise the Condition to state "the appropriate Tribe" with a footnote that names j� Pechanga as the appropriate Tribe. She also requested compensation for the monitor. Chairman Morsch asked Ms. Fahley if they would accept a Tribe volunteer to do the monitoring. Ms. Fahley stated that the monitors should be compensated for City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 5 of 9 F1their work and to not be compensated is disrespectful to the Tribe. Chairman Morsch asked what they would charge. Ms. Fahley stated that depending on the monitoring, two thousand dollars. Commissioner Jordan asked Mr. Tomlinson to clarify what will be done at the location. Mr. Tomlinson stated that there will be no grading, just stockpiling, and treating the soil so something will grow. He stated that he has no problem listing a Tribe but the Tribe would need to indemnify the City and the applicant against challenges from other Tribes. Ms. Fahley stated they would agree to this but their main concern is new soil that hasn't been touched, and they would like to look at the stockpiles. Planning Consultant Coury stated that during the environmental review period, staff received letters from four tribes, including Pechanga, and that was the basis of the current statement in the conditions. Also, a Tribe requested to meet with staff but was unable to meet and they were notified of the Planning Commission meeting and did not attend. Vice Chairman O'Neal asked what the other Tribes were. Planning Consultant Coury stated Soboba, Pala, Morongo, and Pechanga, and noted that Soboba FI was the Tribe that requested the meeting. Paulie Tehrani stated that she had a copy of an E -Mail that was sent in 2010 to Tom Weiner from Hardy Strozier stating that he didn't think staff can do their job properly. Commissioner Gray stated that he shares the interest of the other Commissioners regarding the concerns that have been expressed regarding the interests of the Pechanga Luiseno Tribal group and it was news to know that there were other Tribal groups also interested in providing monitoring. Commissioner Jordan stated that she noticed that the APN numbers on the Resolutions do not match the APN numbers on the Reclamation Plan. Planning Consultant Coury stated that the APN numbers on the Resolutions are the correct numbers and he would correct the APN numbers on the Reclamation Plan. Commissioner Jordan stated that Condition No. 10 needs to be revised due to a typo and stated that lodged needs to be replaced with logged. She asked Mr. Strozier what timeframe he estimates the monitoring and the re- vegetation to be completed. Mr. Strozier stated that the Reclamation Plan states that the applicant will grow and monitor as long as it takes to reach 80% coverage and j� the conditions require the applicant to submit to the City an annual report of the llandscape status each year through an independent monitor. Commissioner Jordan stated that Condition No. 50.f needs to be revised as it is missing the remainder of the sentence. Mr. Strozier stated that the entire City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 6 of 9 sentence needs to be struck because it doesn't pertain to the annual report information. Public Works Director Seumalo agreed and indicated that he would omit the entire sentence. Chairman O'Neal asked Mr. Strozier to discuss the Biological Study for the Reclamation Plan. Mr. Strozier reviewed the Biological Study and the results. Chairman O'Neal requested that WYROC come back to the Commission to review the conditions. Chairman Morsch stated that he agrees with the Conditions and noted the significance of the historic artifacts which should be recovered and preserved responsibly. Commissioner Blake stated that it is good that the Reclamation Plan guarantees vegetation growth and puts the responsibility onto the applicant. He is glad to see that the Tribal interests are being addressed by the City. Motion by Commissioner Jordan and seconded by Vice Chairman O'Neal to approve Resolution No. 2012 -26, a Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project identified as Reclamation Plan No. 2011 -01 is exempt from the Multi- Species Habitat Conservation Plan (MSHCP); Motion passed 5 -0. Motion by Commissioner Blake and seconded by Commissioner Gray to approve Resolution No. 2012 -27, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Mitigated Negative Declaration No. 2012 -02; Motion passed 5 -0. Motion by Commissioner Blake and seconded by Commissioner Gray to approve Resolution No. 2012 -28, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Reclamation Plan No. 2011 -01, with the Amendment to Condition No. 18 to state *(Pechanga is the appropriate Tribe and will conduct monitor activities at a fee not to exceed $5,000.00); deleting the word volunteer; deleting Condition No. 50.f; and correcting Condition No. 10 replacing the word lodged with logged; Motion passed 5 -0. 4. Density Residential Planning Consultant Donahoe presented the staff report. I Vice Chairman O'Neal stated that he has an issue with a CMU zone at Mission Trail between Diamond Drive and the Bowling Alley. He stated that he understands the notion of pedestrian friendliness and the ideas that go with the mixed use idea; he doesn't think the area will ever change to include a residential City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 7 of 9 component. Planning Consultant Donahoe stated that a CMU zone can be built as commercial only and noted that there is no requirement for a residential component in the CMU zone. She also stated that the City wants to provide the opportunity for residential which can develop in conjunction with the commercial. In addition, she stated that the subject zone change is the final step in implementing the newly adopted General Plan. Commissioner Blake stated that this was a very admirable task for staff. He asked if there have been any building permit inquiries. Planning Consultant Donahoe stated that although there haven't been any building permit inquiries, there has been interest in the Downtown area and there have been people that have benefited from the General Plan designations. Commissioner Gray stated that the changes as proposed demonstrate long term thinking which is very appropriate to the planning function in the City and applauded staffs work. Commissioner Jordan noted one typo on the staff report, Section 2c and requested to delete multiple4- family and replace with multiple - family. She also stated that Planning Consultant Donahoe did a good job. Chairman Morsch stated that adding the opportunity for mixed use is the way of the future and is very pleased with the zone change. He stated that the most important element is public feedback and to encourage participation from the community for all of the areas affected. He applauded the City's effort noticing the community and getting feedback. He asked if the zone changes are going to affect elements of the City's Municipal Code. Acting Community Development Director Morelion stated that the RMU and the CMU have their own standards which are Citywide and have been adopted into the Municipal Code. He stated that regarding the Multi - Family designation, the City already has standards and will not be developing anymore zones or standards. Motion by Commissioner Jordan and seconded by Commissioner Gray to approve Resolution No. 2012 -29, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending approval of Zone Change No. 2012 -03, known as the Consistency Zoning Project — Phase I, changing the zoning of various parcels in the City to (CMU) Commercial Mixed Use or (RMU) Residential Mixed Use or (R -3) High Density Residential; Motion 5 -0. BUSINESS ITEMS r None. STAFF COMMENTS City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 8 of 9 Public Works Director Seumalo wished everyone a happy holiday. Planning Consultant Donahoe stated that the CMU and RMU have no minimum lot sizes. Acting Community Development Director Morelion stated that if the Commissioners have any standards for the eventual Code update to forward to him and he will put them on a list to address with a future comprehensive Code update. CITY ATTORNEY COMMENTS Deputy City Attorney Mann had no comments. PLANNING COMMISSIONER'S COMMENTS Commissioner Blake stated that he is impressed with the staffs hard work and is excited to see that businesses are coming back to the City such as Lone Star Restaurant. Vice Chairman O'Neal stated that a few people asked him about yard sales and he suggested that the City establish a quarterly yard sale that is date specific requested that no Code Enforcement required. Also, he would like to see the Commission review all of the conditions of approval for the WYROC area. He stated that he doesn't believe it's being serviced very well and noted that the location is at commercial corner that people drive by when coming into the City which doesn't look good. Chairman Morsch stated that he has been disturbed by WYROC's operation since 2003 and requested that an Agenda item be added regarding the status of the WYROC operation. He also requested another item be added to the Agenda regarding murals in the City and recommended Studio 365 which is an organization of local artists that are trying to beautify the City with murals. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 8:22 p.m. The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, September 4, 2012, at 6:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Rick Morsch, Chairman City of Lake Elsinore City of Lake Elsinore Planning Commission Regular Meeting Minutes of August 21, 2012 Page 9 of 9 Attes Warren Morelion Acting Community Development Director �I F