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HomeMy WebLinkAbout02-05-2013 NAH (2)CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 5, 2013 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 Chairman O'Neal Commissioner Blake Commissioner Gray Commissioner Jordan Absent: None Also present: Acting Planning Manager MacHott, Public Works Director Seumalo, City Attorney Leibold, Planning Consultant Coury, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES Chairman Morsch stated that Ms. Denni Horn would be doing a presentation on behalf of Assemblywoman Melissa Melendez. Ms. Horn stated that on behalf of Assemblywoman Melissa Melendez, she was presenting a Certificate of Recognition to John Clinton Gray for publishing his Memoir "Gift of Seeds ". Commissioner Gray stated that the book is titled "Gift of Seeds" which is a collection of true stories, memoirs, and essays. He stated that it took three years to write and he appreciates Councilwoman Melendez's recognition. He also stated that "Gift of Seeds" is available on Amazon.com, and in Kindle format. CONSENT CALENDAR ITEM(S) 1. Minutes for the following Planning Commission meeting(s) • December 18, 2012 Motion by Commissioner Jordan and seconded by Commissioner Gray, to approve the Planning Commission Minutes of December 18, 2012; with revision to page 4 of 10, last paragraph, change Section 4308 to Section 84308; revision City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 2 of 9 to page 7 of 10, 2nd paragraph, delete the partial sentence, "This mining CUP.'; revision to page 9 of 10 to state that Commissioner Gray had a book published and is available on createspace.com; motion passed 5 -0. PUBLIC HEARING ITEMS) 2. Residential Design Review No. 2012 -05 — A request by Pardee Homes for approval of building designs for 78 single - family detached residential condominium units and related improvements, for a housing project located within Planning Area 36 of Canyon Hills Specific Plan (Living Smart Parkside) Recommendation: It is recommended that the Planning Commission adopt a resolution making findings that the project is exempt from the MSHCP, and a resolution approving Residential Design Review No. 2012 -05, for the Living Smart Parkside Condominium Community based on the Findings, Exhibits and Conditions of Approval attached to the staff report. Chairman Morsch stated that he was recusing himself, under Government Code Section 84308, relating to the project. Vice Chairman O'Neal stated that in the years 2009, 2010, 2011, and 2012, Pardee Homes has continued the construction of houses, even during the recession, and asked how many homes have they sold. Mr. Holman stated that they sold over 300 homes and should get better, as the economy gets better. Commissioner Blake stated that the project is a natural continuation of the work that they have done and likes some of the features such as solar panels, low irrigation landscaping, etc. He asked what the current price point is in terms of sales. Mr. Holman stated that the price point is from just below $200,000 to just over $200,000. Commissioner Blake stated that he drove on Canyon Hills Road during high traffic times and asked what the long -term plans are for the intersection which is located at the 15 Freeway and Railroad Canyon Road. Public Works Director Seumalo stated that there is an interchange concept on the books at Franklin and an environmental process needs to be completed. He also stated that there is TUMF funding available. Several public hearings will be required, and the cost is estimated at $72 million. He indicated that staff is looking for grants but will continue to move forward for the Tiger Grants. Commissioner Gray stated that he concurs with Commissioner Blake's positive comments and is glad to see the expansion of a very successful project. City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 3 of 9 Commissioner Jordan stated that she noticed that the site plan doesn't have all of the dimensions and wanted to know why. Planning Consultant Coury stated that there is a typical but since it's a condominium project all the usual lot dimensions are not applicable. Mr. Holman stated that they have a portion of the first five slopes, and the rest of the slopes flip to the Home Owners Association. Commissioner Jordan stated that it was hard to determine on the landscape plans whether there will be tree planted on the slope, and if so, will it be Brisbane box trees, and not just shrubs. Mr. Holman stated that there are existing trees on the hillside and on Canyon Hills Road. Commissioner Jordan stated the following regarding the Conditions of Approval. She stated that she is really glad that the condominiums are selling and that Pardee Homes is doing so well. She also stated that she really likes the community. • Conditions 18 through 61 are duplicates of Conditions 150 through 177. • Condition No. 103 "The terminus of Private Driveways A, B & C shall include sufficient turnarounds for emergency vehicles" — Didn't see any private drives A, B, & C. Public Works Director Seumalo stated that it only applies to the terminus of private drive N that dead ends into the existing park. • Delete Condition No. 83 • Condition No. 136 is not clear "As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer /owner is responsible for revising the original mylar plans. Once the original mylar plans have been approved, the developer shall provide the City with a CD /DVD of the "as built" plans in .tif format." Motion by Vice Chairman O'Neal and seconded by Commissioner Jordan to approve Resolution No. 2012 -43, a Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP), with revisions as stated above; Motion passed 4 -0. Motion by Commissioner Jordan and seconded by Commissioner Blake to approve Resolution No. 2013 -44; a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Residential Design Review No. 2012 -05, with revisions as stated above; Motion passed 4 -0. City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 4 of 9 6. WYROC Mining Operation Review Recommendation: Receive and file. Public Works Director Seumalo stated that at the last Planning Commission meeting, the Commission asked Jeff Halloran, President of WYROC, to provide information with regards to several questions that they had related to screening his project. Mr. Halloran presented a PowerPoint presentation regarding his plans to screen views of his project from Lake Street and the Interstate 15 freeway. He explained that the most common screening used is Himalayan bamboo. He indicated that they already prepared a ditch for the planting of the bamboo and after talking to the grower, the best time to plant the bamboo is no earlier than the end of February/early March in order to avoid freezes. The plants will go in at 12 to 15 feet in height and will grow around 50 percent the first year. In the second year the bamboo would grow to approximately 40 feet and fill in, and the growth will screen the stockpiling. Commissioner Blake asked if the bamboo is sellable and how high will it grow. Mr. Halloran stated that gardens sell it and it will grow up to 50 feet. Commissioner Blake asked what will happen to the mining part of the project. Mr. Halloran stated that they hope that within the next 12 to 18 months, they will begin mining to the final reclamation and which will last nine months to one year, and then will sell the property to a developer. Commissioner Gray asked if the Himalayan Bamboo was recommended by the nursery. Mr. Halloran stated yes. Vice Chairman O'Neal stated that bamboo grows rapidly and noted that it is not native to the City and is very invasive which could be a problem but if the City decides to go down that path, the screening will work. He stated that before anything is done, he would like to see the $40,000 dollars that is owed to the City, paid by Mr. Halloran. Public Works Director Seumalo stated that staff is working with Mr. Halloran to take care of this and Mr. Halloran has been responsive to the notices of violation on the site. Vice Chairman O'Neal also stated that there is no CUP and suggested that the Planning Commission and staff work together to create a CUP for the recycling facility. Vice Chairman O'Neal indicated that he has no intension of shutting this down before 2015 because the City has approved this. However, after 2015, the Planning Commission, City Council, and the City Manager need to discuss the direction of the project, and what the City would like to pursue. Vice Chairman O'Neal stated that he would like to see the entire area developed as something City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 5 of 9 that the City can be proud of. Vice Chairman O'Neal asked if the billboard is coming down. Mr. Halloran stated that he expects it to come down in March. Mr. Halloran stated that after they are done with the project, he will remove the bamboo and doesn't think it will be an issue. Chairman Morsch thanked Mr. Halloran for the site visit. He asked how much material they are importing for the recycling business. Mr. Halloran stated that they had about 4,000 tons. Chairman Morsch asked regarding the Interim Management Plan (IMP) and asked if there is any evidence of written approval that granted the recycling operation. Planning Manager MacHott stated that he hasn't located any information that granted the City approval through the planning process for recycling. City Attorney Leibold stated that other than the reference to the recycling activity in the IMP, part of the operation, while idle; includes crushing and processing of stockpiled materials for both recycled and mined materials, on site. Chairman Morsch asked if the reference made in the 2005 IMP grants the use of a recycling operation on the mine site. City Attorney Leibold stated it does grant the use of recycling within the IMP and noted that staff needs to do some additional fact finding and report back to the Planning Commission on this issue with regards to the extent of the non - conforming or permitted use. Chairman Morch stated that he thinks the Planning Commission should require a CUP for this use and put it on the coattails of the review for the IMP and he would like to see this come before the Planning Commission. City Attorney Leibold stated that staff can look at the existing procedure. Ronnette Earle, resident of the City, asked if the City is paying for this. Public Works Director Seumalo stated that the applicant will be paying for and installing it and noted that one of the conditions of mining is putting up financial security, in the event that reclamation is not completed. Chairman Morsch asked if Mr. Halloran has purchased the bamboo and has he gotten proposals for installation. Mr. Halloran stated that he ordered the bamboo from the grower and he would be installing it in approximately one month. Chairman Morsch asked Mr. Halloran if he looked into other types of screening. Mr. Halloran stated that the grower said that the bamboo is the best and quickest way with the most satisfactory results. Vice Chairman O'Neal reiterated that the bamboo is invasive and suggested consulting someone before it goes in. Mr. Halloran suggested bringing his grower /consultant before the Planning Commission to explain the growth of this plant. City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 6 of 9 Chairman Morsch asked if Mr. Halloran has any intensions of pulling down the billboard sign. Mr. Halloran stated that he intends on taking it down by March 31a Commissioner Blake requested clarification on whether the project requires a CUP. Public Works Director Seumalo clarified with regards to the IMP. The mine permit remains active under IMP but the recycling activity may also be a land use issue. Vice Chairman O'Neal emphasized that it is a land use, therefore, it requires a CUP, and indicated that any business that can go in and out that gets a CUP and is a non - issue. Public Works Director Seumalo stated that the CUP may have a different shelf life than the IMP and explained the restrictions regarding the IMP. Chairman Morsch stated that he has a problem with the conditions in the IMP that say nothing about a recycling operation. Also, he indicated that there are no conditions regarding trucks coming onto the site, materials, etc., as opposed to a mine. Mr. Halloran stated that he is ready to install the bamboo, and noted that the trench is dug and he wants to move forward but if this is going to get thrown away, he feels he is on unstable ground and requested clarification from the Commission. Chairman Morsch stated that the City can't require him to do this because they don't have any authority regarding what is already under the Reclamation Plan and Mr. Halloran does have approval on the Reclamation Plan and the IMP until 2015. Therefore, if the Commission wants to change the Conditions, they would have to wait until 2015. Mr. Halloran asked if his concerns are justified. Chairman Morsch stated that it is up to staff to make that decision and to present to the Planning Commission. Mr. Halloran stated that he hopes that the Commission understands that digging the trench wasn't done without considerable expense and was not required by the City. He reiterated that the trenches are already dug and the bamboo is ready to plant and he doesn't need a mandate from the City. He indicated that he is leery to go through the expense of planting the bamboo if he has to shut down the operation. Commissioner Blake stated that the Commission doesn't want to put a business applicant in this position, not having clear direction from Planning as to what steps to go through. Chairman Morsch stated that it is not fair to other businesses that have gone through the CUP requirements if it's determined that a CUP is required. Mr. Halloran stated that this was part of the vested rights for the whole community and requested that there be some type of a letter agreement between him and the City. City Attorney Leibold stated that there are a number of facts that need to be clarified and staff can work with Mr. Halloran and provide a recommendation with respect to the proper protocols. The recycling was anticipated as part of the IMP, City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 7 of 9 understanding that it has been an on -going operation since 1995. There are issues because of the application of the mining use that are different than independent recycling businesses. Commissioner Jordan stated that Mr. Halloran hold off on planting the bamboo until staff and the Planning Commission can review everything and figure out if he needs a CUP. She also stated that the next Planning Commission meeting of February 19, 2013 is cancelled and the next meeting will be at the beginning of March. Chairman Morsch stated that they are still trying to weed out the issues but in working with staff, Mr. Halloran should get an early indication of their recommendation. Vice Chairman O'Neal stated that he had no intension of shutting down the operation in the middle of the Management Plan, and noted that the City had given him permission to do this until 2015 and he is abiding by that agreement. He believes that this is a land use and therefore requires a CUP. He noted that it doesn't mean that there wasn't one before. It just can't be found. He indicated that this meeting is primarily about screening, and whether or not the plant is invasive. STAFF COMMENTS Acting Planning Manager MacHott advised the Commission there will be a Joint Study Session on February 12, 2013, with the City Council to discuss the Draft Housing Element which will be held at the Elsinore Valley Water District Board Room and begins at 7:00 p.m and distributed copies to all Commissioners. The League of California Cities is running a Planning Commissioner's Academy on February 27 through March 1, 2013 and four of the Commissioners are attending. Hotel reservations are confirmed through E -Mail to the Commissioners and they can charge the parking to their rooms and the City will cover the charge. The City will issue a per diem check to the Commissioners. The Conference begins at 1:00 p.m., on February 27, 2013, and there is a Pre - con Conference Workshop on Ethics, if the Commissioners have not taken their Ethics Training, or they can take via Web cast. The official means of communication with the Commissioners is via the Lake Elsinore E -Mail and requested the Commission to check their E -Mail on a regular basis for any communication from staff. Vice Chairman O'Neal stated that he doesn't use the City of Lake Elsinore E- Mail. City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 8 of 9 PLANNING COMMISSION COMMENTS Commissioner Blake requested clarification of CFDs and the way they are approved. City Attorney Leibold stated that they go to City Council by application of the property owner. Commissioner Blake stated that he is concerned that there are many property owners that end up getting surprised by the CFDs and their escalation clauses and what happens to their utilization, in these economic times. He stated that it would be advantageous for the City Council to take the position that builders develop property as they go, rather than add additional tax to the homeowners. Commissioner Jordan asked when the Civic Center retrofit is scheduled to be completed. Public Works Director Seumalo stated within ten months. Vice Chairman O'Neal stated that it was announced by one Councilman that the City received 1.5 million dollars from Caltrans for the intersection at Riverside Drive and Gunnerson. Public Works Director Seumalo stated that it is going to be a Caltrans project, not a City project but the funds have been committed. Vice Chairman O'Neal asked if it will be done this year. Public Works Director Seumalo stated that it will not be done this year and he is not sure what the timing is. Vice Chairman O'Neal stated that he doesn't use the City's website for his right to privacy. Commissioner Morsch stated that Rotary and Habitat for Humanity got together with High School kids to do a work program for the Bird Tract located at Joy Street and Riverside Drive and is primarily low income housing. 106 volunteers showed up and Habitat for Humanity supplied all of the materials. He indicated that it was a great experience and a great program. Chairman Morsch stated that the City lost Justin Carlson, and he will be missed CITY ATTORNEY'S COMMENTS None. BUSINESS ITEM(S) None. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 7:52 p.m. City of Lake Elsinore Planning Commission Meeting Minutes Of February 5, 2013 Page 9 of 9 The regular Planning Commission meeting of February 19, 2013, will be cancelled. The next regular Planning Commission meeting will be held on Tuesday, March 5, 2013, at the Senior Activities Center, located at 420 E. Lakeshore Drive, Lake Elsinore, CA 92530. Rick Morsch, Chairman City of Lake Elsinore Attest: Richard J. MacHott Acting Planning Manager