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HomeMy WebLinkAbout10-16-2012 NAHCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 16, 2012 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairman Morsch led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairperson O'Neal Commissioner Blake Absent: Commissioner Gray Commissioner Jordan Also present: Senior Planner MacHott, Public Works Director Seumalo, City Attorney Leibold, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR ITEM(S) Minutes for the following Planning Commission meeting(s) • October 2, 2012 Motion by Vice Chairman O'Neal, seconded by Commissioner Blake, to approve the Planning Commission Minutes of October 2, 2012; motion passed 3 -0. PUBLIC HEARING ITEM(S) 2. Vesting Tentative Tract Map (VTTM) No. 35001 — A request to subdivide Environmental clearance is provided by Addendum No. IV to the 1989 Final Alberhill Ranch Specific Plan Environmental Impact Report City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 2 of 7 Amended and Restate Development Agreement- The applicant is proposed VTTM 35001, generally located on the east side of Lake Street, near the northeast corner of Nichols Road and Lake Street. Environmental clearance is provided by Addendum No. IV to the 1989 Final Alberhill Ranch Specific Plan Environmental Impact Report Recommendation: Adopt a resolution recommending that the City Council of the City of Lake Elsinore make Findings that the project has complied with the Multiple Species Habitat Conservation Plan (MSHCP), b. Adopt a resolution recommending to the City Council of the City of Lake Elsinore approval of the Alberhill Ranch EIR CEQA Addendum No. IV to the Final EIR for the Alberhill Ranch. C. Adopt a resolution recommending to the City Council of the City of Lake Elsinore approval of Vesting Tentative Tract Map No. 35001, based on the attached findings, exhibits and conditions of approval. Adopt a resolution recommending to the City Council of the City of Lake Elsinore approval of the Amended and Restated Development Agreement between the City of Lake Elsinore and Castle & Cooke, Lake Elsinore West, Inc. Planning Consultant Coury presented the staff report. The applicant Tom Tomlinson addressed the Commission. He also thanked staff and the City Attorney for their work on the project. Sharon Gallina, resident of Lake Elsinore had the following questions: Has the Planning Commission been given copies of the EIR Addendum No. 4, dated October 10, 2012, to read? 2. She has questions regarding Condition No. 98 and whether the City will use eminent domain to acquire right -of -way. 3. Exhibit 24 EIR Addendum No. 4 - Merged Land Use Plan — Shows a golf course and she believes it is Multiple Species Habitat Conservation Plan land along the Freeway. City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 3 of 7 4. She is concerned about the City overseeing the Brownfield's clean up and believes it would be in the best interest of the public's safety if the Department of Toxic Substances oversees the entire project (Phases I, ll, and III) and inspects it after each phase. Mr. Tomlinson addressed Ms. Gallena's questions. 1. Regarding the issue of the golf course, the original Brighton Specific Plan calls for an option of having a golf course with an increased density over the entire 1000 acres that was to be primarily along the Freeway and also in the area of Temescal Creek. He noted that this land never had a golf course on it and indicated that since County purchased 600 acres of the original specific plan area, there is no longer an opportunity for a golf course. 2. Regarding the MSHCP area along Lake Street, roads are allowable with any MSHCP. 3. With reference to Brownfield, he indicated that the area is not a Brownfield site and has never been classified as a Brownfield site. Commissioner Blake asked Senior Planner MacHott to clarify what the Brownfield site is. Senior Planner MacHott explained. Ms. Gallina asked about the coal on the land. Chairman Morsch stated that it is covered in the EIR and the Geotechnical Reports. Kit Kjelstrom, representing Quikrete Companies stated that their business is close to the project site and wants to make sure that the project doesn't hinder their company's activities. He requested to be put on the mailing list for any Notices of Public Hearings regarding the project. Chairman Morsch thanked Mr. Kjelstrom for sharing his concerns but the project site would not affect his business. Jeff Holloran stated that he is the owner of WYROC materials, and requested clarification of Condition No. 98 regarding the scope of the condition and the potential impact. Public Works Director Seumalo explained the Condition and addressed Mr. Holloran's questions. Mr. Tomlinson said that there would be no widening of Lake Street on MSHCP property; it would all occur on Pac Clay's property. Commissioner Jordan arrived at the Planning Commission meeting at 6:28 p.m. and indicated that she was in attendance. Commissioner Blake asked the applicant if there would be noise abatement regarding ceasing evening activity of the mine. Mr. Tomlinson stated that they are trying to minimize the impact of noise to the residents with regards to the City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 4 of 7 hours of operation. Commissioner Blake asked what the date is on the Biological Report. Mr. Tomlinson stated that it was updated in 2011. Commissioner Blake asked about the density of multi - family residential. Mr. Tomlinson said that it is consistent with the Specific Plan. Commissioner Blake stated that he is concerned with traffic in terms of ingress /egress of the new subdivision and how will it affect Lake Street. Mr. Tomlinson stated that a Traffic Analysis was done for Lake Street and Nichols Road which is consistent with the Conditions of Approval. Vice Chairman O'Neal asked the City Attorney to explain the terms of the Development Agreement relative to tolling and the mitigation of TUMF fees. City Attorney Leibold explained. Vice Chairman O'Neal asked if the City issues Certificate of Occupancy. City Attorney Leibold stated that the City does not issue Certificates of Occupancy, but issues building permits which allows for occupancy. Vice Chairman O'Neal asked what kind of a school will be built in the area of the project and when will it be built. Mr. Tomlinson indicated that an elementary school will be built and is up to the School District as to when it will be built. Commissioner Jordan asked if there will be a golf course in the future. Mr. Tomlinson stated that there is no anticipated golf course. Chairman Morsch stated that the noise level from the mining operation needs to be addressed. He also asked Mr. Tomlinson to discuss the earth work being done at the location. Mr. Tomlinson stated that the site will be a balanced site once it is designed and it would be acceptable to have a condition that states this. Chairman Morsch referred to Condition No. 11 and asked if there a specific site targeted for Fire and /or Police facilities. Mr. Tomlinson stated that there is a dedicated site for this. Chairman Morsch asked where the service area will be. Interim City Manager Evans stated that the Fire Department expanded the area to two acres because they need the area for the Fire Station and noted that it will be completed in 5 to 10 years and is expected to be a shared station. Commissioner Blake asked what kind of a site will be there. Mr. Tomlinson stated that it is a possible school site. Chairman Morsch referred to Condition No. 55 and asked Public Works Director Seumalo if it was the intent to add WQMP after SWPPP. Public Works Director Seumalo noted that WQMP is identified in other places in the Conditions. Commissioner Blake stated that in terms of future development and construction, it should be very clear to potential homebuyers what all of their fees and taxes will be since the bonds turn into taxes; which is one of his concerns. City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 5 of 7 Motion by Commissioner Jordan and seconded by Chairman Morsch to approve Resolution No. 2012 -33, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore making findings that the project identified as Vested Tentative Tract Map No. 35001 is in compliance with the Multi- Species Habitat Conservation Plan (MSHCP); Motion passed 4 -0. Motion by Commissioner Blake and seconded by Commissioner Jordan to approve Resolution No. 2012 -34, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore adoption of findings to certify Addendum No. IV to the Alberhill Ranch Specific Plan Final Environmental Impact Report (State Clearinghouse No. 88090517); Motion passed 4 -0. Commissioner Blake asked the City Attorney to address the Brownfield issue that was discussed by a member of the audience previously. City Attorney Leibold stated that there has been no new activity on the property which would conclude that there are no contamination issues. Commissioner Blake asked if staff would look into the Brownfield issue. City Attorney Leibold stated that staff would be happy to. Commissioner Blake asked that they address the hours of operation for Pacific Clay once the construction starts on this property. City Attorney stated that the City could do a mandatory disclosure in connection with any sale of sections or individual lots. Motion by Commissioner Jordan and seconded by Chairman Morsch to approve Resolution No. 2012 -35, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore, approval of Vested Tentative Tract Map No. 35001 with the correction to Condition No. 55 to delete the word both; Motion passed 4 -0. Motion by Commissioner Blake and seconded by Chairman Morsch to approve Resolution No. 2012 -36, a Resolution of the Planning Commission of the City of Lake Elsinore, California, that recommend to the City Council adoption of the amended and restated Development Agreement between the City of Lake Elsinore and Castle & Cooke, Lake Elsinore West, Inc., as Successor in Interest to Brighton Alberhill Associates for Alberhill Ranch Development; Motion passed 4 -0. BUSINESS ITEMS) None. STAFF COMMENTS Public Works Director Seumalo stated that the relocation of the street lights on Lake Street is scheduled to start on October 17, 2012 by Edison. He also stated City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 6 of 7 to Vice Chairman O'Neal that there may be some movement on the Gunnerson /Riverside signal. Senior Planner MacHott stated that staff has had discussions with the owner, as well as the consultants regarding the mortar and pestle on top of the pharmacy that is under construction and indicated that the City has put a hold on the construction job to prevent them from continuing the feature until they can resolve the issue. He stated that staff has required them to present plans to the City because they did not get building permits for the monument sign or the feature on the roof and noted that there was a mix up between what was approved and what was not approved. He indicated that he visited the site and the feature is too large, and much larger than the exhibit that the Commission saw when they approved the project. He informed the Commission that staff is working with them to make the feature much better. Senior Planner MacHott informed the Commission that regarding the Gas Station at 515 N. Main Street which has been closed and fenced off; that the owner is in negotiations with 7- Eleven who is in the process of acquiring the property and noted that the current owner of the property indicated that he is unable to get gas at this time from the refinery. Staff has asked the owner to maintain the property and stated that the owner has agreed to remove the bag that says GAS and will paint the panels white. Senior Planner MacHott stated that the work is to be completed by October 17, 2012. PLANNING COMMISSIONER'S COMMENTS Chairman Morsch asked that if the gas station use changes to 7- Eleven, would the sign be grandfathered in. Senior Planner MacHott stated that staff would work with the new owner regarding the proposal they would have. Commissioner Blake stated that the location of the limit line located at Franklin and 6th Avenue is too far back and creates a safety issue. Public Works Director Seumalo stated that he would follow up with the City's Traffic Engineer. Vice Chairman O'Neal stated that he appreciates that Senior Planner MacHott went by the project site to look at the mortar and pestle on top of the pharmacy and indicated that it is very ugly and sets a bad precedence for the City. Vice Chairman O'Neal indicated to Public Works Seumalo that the community will appreciate if a signal is installed at Gunnerson and Riverside due to the safety issue at the location. Also, he asked when WYROC is coming back to the Commission. Public Works Director Seumalo stated that he spoke to Acting Community Development Director Morelion and it will be coming back to the Commission on November 20, 2012. Chairman Morsch thanked staff for their work regarding Tentative Tract Map 35001 and indicated that the November 6, 2012; Planning Commission meeting City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 16, 2012 Page 7 of 7 will be cancelled. Also, he reminded everyone to vote, noting that millions of people have given their lives to protect that right. Vice Chairman O'Neal thanked City Attorney Leibold for all of the information that she has given to him. CITY ATTORNEY COMMENTS None. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 7:23 p.m. The November 6, 2012, Planning Commission will be cancelled and will adjourn to a regular meeting to be held on Tuesday, November 20, 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 AttesG���7? Richard MacHott Senior Planner