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HomeMy WebLinkAbout06-04-2013 NAHCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF JUNE 4, 2013 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Vice Chairman O'Neal led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairman O'Neal Commissioner Blake Absent: Commissioner Gray Commissioner Jordan Also present: Community Development Director Taylor, 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 Jerry Harmitz discussed the need to restore the Lake Elsinore Princess Cruise Ship to cruise Lake Elsinore which would be a great mechanism for tourism in the City. The cost of the restoration is approximately $30,000 to $40,000. He indicated that the Princess is the only side paddler on a fresh water lake in the world. He is requesting assistance with the restoration to preserve the Princess. CONSENT CALENDAR ITEM(S None. PUBLIC HEARING ITEM(S 1. Tentative Parcel Map No. 36551 — A request to subdivide 17.21 acres of Limited Manufacturing Industrial Zoned Land into nine individual parcels pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and the California Subdivision Map Act (CSMA) for property generally located on the west side of the Lake Elsinore outlet channel between 3rd and Chaney Streets. City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 2 of 8 Recommendation Adopt a resolution recommending to the City Council approval of Tentative Parcel Map No. 36551, based on the findings, exhibits, and conditions of approval. Planning Consultant Coury presented the staff report, and noted that this item was continued from the May 21, 2013, Planning Commission meeting. The applicant, Rod Oshita of ARI Chaney, LLC, addressed the Commission. Chairman Morsch asked what the timeframe is for construction of private streets relative to the sale of the lot. Mr. Oshita stated that they anticipate developing the first couple of buildings and the streets will be incorporated within those buildings in addition to the utilities. Commissioner Blake stated that his main concern is safety which has been addressed and is therefore in favor of the project. Vice Chairman O'Neal stated that he concurs with staffs recommendation. Chairman Morsch stated that all of his issues have been addressed. Motion by Vice Chairman O'Neal and seconded by Commissioner Blake to approve Resolution No. 2013 -54, 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 Tentative Parcel Map No. 36551 generally located at the north side of the Lake Elsinore outlet channel between 3`d and Chaney Streets (APN: 377 - 140 -027); Motion passed 3 -0. 2. Residential Design Review No. 2013 -04 —A request by Meritage Homes for approval of building designs for 76 single - family detached residential units including a model home complex and related improvements, for a Housing Project located within the Summerly Development of the East Lake Specific Plan. Recommendation a. Adopt a resolution recommending to the City Council of the City of Lake Elsinore adoption of the Findings of Consistency with the Multiple Species Habitat Conservation Plan; and Adopt a resolution recommending to City Council approval of Residential Design Review No. 2013 -04 for 76 single- family detached residential dwelling units and associated improvements based on the findings, exhibits, and proposed conditions of approval. City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 3 of 8 Planning Consultant Coury presented the staff report. The applicant, Peter Vanek of Meritage Homes, addressed the Commission. Vice Chairman O'Neal stated that there is a nice mix of design and likes the project. Commissioner Blake thanked the applicant providing information to potential buyers that may have concerns regarding moving near the ballpark, and the skydiving facility, etc. He said that artificial turf and xeriscape landscaping is a nice option for the environment. He is glad to see that they are building out and wishes them success. Chairman Morsch suggested enhanced elevations on Lots 11, Lot 30, and 62. Planning Consultant Coury stated that he will have these lots corrected prior to the City Council meeting. Mr. Vanek stated that he is agreeable to the enhancement to the elevations. Chairman Morsch suggested revising Condition No. 30 regarding work hours on Saturdays and noted that they have given latitude in the past for other applicants. Public Works Director Seumalo stated that he doesn't see a problem with this but noted to be careful of noise on the weekend. Mr. Vanek stated that revising the Condition would be beneficial. Commissioner Blake suggested to the applicant to be mindful of the neighbors. The Commission agreed to revise Condition 30 to allow construction work on Saturdays from 8am to 5pm for interior finishing work. Mr. Vanek stated that this is acceptable. Motion by Vice Chairman O'Neal and seconded by Commissioner Blake to approve Resolution No. 2013 -55, a Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore adopt findings that the project is consistent with the Multiple Species Conservation Plan (MSHCP); Motion passed 3 -0. City Attorney Leibold revised Condition No. 30 to read "construction activity on week days shall not commence before 7:00 am and shall cease by 5:00 pm Monday through Friday and construction activity on Saturday shall not commence before 8:00 am and shall cease by 5:00 pm and shall be limited to finishing work and similar interior activities." She stated that the language will be refined before the City Council meeting. She also stated that she will review the East Lake Specific Plan and not just the provisions of the General Municipal Code in case there is additional language Motion by Vice Chairman O'Neal and seconded by Commissioner Blake to approve Resolution No. 2013 -56, 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 Residential Design Review No. 2013 -04 with City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 4 of 8 amendment to Condition No. 30 regarding Saturday construction hours as stated above, and enhance elevations of lots 11, 30 and 62; Motion passed 3 -0. 3. WYROC Materials, Inc. — A hearing to determine the forfeiture of financial assurance. Public Works Director Seumalo presented the staff report. He stated that the owner, Mr. Jeff Halloran, submitted a modified F.A.C.E. (Financial Assurance Cost Estimate) that day which staff has not reviewed. Also he discussed staffs recommendation. Vice Chairman O'Neal stated that as of October 2012, the applicant owed the City $40,000 and asked if the applicant has paid that money. Public Works Director Seumalo stated no and noted that the amount is $48,692.00 as of May 31, 2013. City Attorney Leibold clarified that tonight's issue is a noticed public hearing to determine the financial capability of the mining operator to reclaim the property which the Public Works Director explained in the staff report. She explained staffs recommendation, and noted that the only action item is a determination as to the financial capability to reclaim under the financial assurance. Mr. Halloran addressed the Commission. He stated that he takes full ownership for the mistakes that were made in last year's submittal of the F.A.C.E. and noted that the amount of the new F.A.C.E. has been calculated correctly. Vice Chairman O'Neal stated that there are no Geology Reports, and no Environmental Impact Reports, and is not a good Reclamation Plan. He also asked if there are endangered species on the property, and all of these things could be potential problems and the applicant needs to understand. Also, he stated that he doesn't trust that these are the numbers that reflect full cost to reclaim the property. Mr. Halloran addressed Vice Chairman's O'Neal's concerns as stated above Chairman Morsch stated that there are discrepancies on the new F.A.C.E. and feels uncomfortable making any decision until the Commission gets the correct numbers and suggested continuing this item until the issues are resolved. City Attorney Leibold clarified that based on the information that the Commission has today to find that the operator does not have financial capability based on the existing financial assurance mechanism and in light of the F.A.C.E. that the Commission has today, that the operator does not have the financial capability to perform the reclamation in accordance with SMARA and to provide the applicant 60 days to either increase the amount of the financial assurance mechanism to the $105,000 on record, submit a revised cost estimate that staff review with the assistance of the City's mining consultant, that the financial assurance City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 5 of 8 mechanism matches that amount for commenced reclamation. She noted that if the Commission takes an action this evening then it becomes the direction to staff at an administrative matter that will be resolved at staff level. If the Commission wants to retain jurisdiction and continue the item then the 60 days will not begin until action is taken. Mr. Holloran asked for clarification regarding the 60 -day deadline. The City Attorney clarified. Mr. Holloran asked how long it will take to review the revised cost estimate and hear back from staff. The City Attorney indicated as soon as they can review it. Vice Chairman O'Neal would like to continue the 60 days versus continuing the item. The City Attorney clarified that under SMARA the 60 days is State Law and explained the way SMARA works. Vice Chairman O'Neal stated that he is inclined to continue this item so that there is time to straighten out the financial information. Commissioner Blake stated that he would like to begin the 60 -day deadline right away with the information that is already before the Commission. Vice Chairman O'Neal requested a detailed Reclamation Plan to be brought before the Planning Commission for approval and the Financial Assurance based on the Reclamation Plan. City Attorney Leibold stated that she will verify the scope of the application of the Federal Mining Law and will follow up with the Commission. Chairman Morsch would like to get clear direction on the Reclamation Plan, and a determination and security on the Financial Assurance. Public Works Director Seumalo stated that the change in staff recommendation came about because of the change of facts after the report was submitted. Motion was made by Commissioner Blake and seconded by Vice Chairman O'Neal that the Planning Commission finds the operator financially incapable and has a 60 -day deadline; Motion passed 2 -1 with Chairman Morsch not approving. BUSINESS ITEM(S) 9 Recommendation a. Adopt a resolution finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 6 of 8 b. Direct staff to forward a copy of this report and the Planning Commission resolution to the City Council as required by Section 65401 of the Government Code. Public Works Director Seumalo presented the staff report Vice Chairman O'Neal inquired about the monument at the ballpark. The City Attorney referred to the Veterans Memorial and indicated that it is a Capital Improvement Project and the City was served with a summons challenging the constitutionality of the proposed Veterans Memorial and indicated that City has retained the Pacific Justice Institute and the City will begin action. Vice Chairman O'Neal stated that he is glad to see that the signal at Riverside Drive and Gunnerson Avenue are still on the Capital Improvement list because it is one of the more dangerous locations in the City. Regarding the following Capital Improvement Projects: • Chairman Morsch — Regarding Project 4128 which is the traffic striping maintenance, does this include bike lanes for the re- striping; he stated that he noticed in some communities it includes chevrons, and asked if this is the new standard. Public Works Director Seumalo — He will follow - up with the Traffic Engineer regarding this. • Chairman Morsch — What is the status of the Gunnerson Avenue rehabilitation? Public Works Director Seumalo - The City applied for a Grant and has not heard back yet if it got approved. • Chairman Morsch — The speed back signs are a great idea. • Chairman Morsch — Has Project 4348 /Survey Monument Replacement been contracted out? Public Works Director Seumalo — It has been contracted out and the design and the administration include the installation of the monument. • Chairman Morsch — Project 4392/Traffic Signal at Grand Avenue and Riverside Drive, where is the location of the signal going to be. Public Works Director Seumalo — This is a Caltrans Encroachment Requirement. • Chairman Morsch — The Camino Del Norte roadway is a great relief of the traffic on Railroad Canyon Drive, and asked if the signal controllers been fixed on Railroad Canyon Drive. Public Works Director Seumalo — The controllers were fixed, although Caltrans has a defective controller which is still causing congestion. City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 7 of 8 • Chairman Morsch — Suggested screening the City yard on Minthorn. Public Works Director agreed, and suggested planting landscape at the location. Chairman Morsch stated that Public Works staff is doing a great job Motion by Commissioner Blake and seconded by Vice Chairman O'Neal to approve Resolution No. 2013 -57, a Resolution of the Planning Commission of the City of Lake Elsinore, California, finding that the Capital Improvement Program conforms to the lake Elsinore General Plan; Motion passed 3 -0. Direct staff to forward a copy of this report and Resolution No. 2013 -57 to the City Council as required by Section 65401 of the Government Code; Motion passed 3 -0. STAFF COMMENTS None. CITY ATTORNEY'S COMMENTS City Attorney Leibold stated that everyone did a great job and is available to answer any questions. PLANNING COMMISSION COMMENTS Commissioner Blake stated that he called the City's Engineering Division regarding the traffic on Railroad Canyon Road and the signal light problem, and spoke to Catherine Eakins, Engineering Secretary, who was very helpful and respectful and informed him that it was being worked on. Vice Chairman O'Neal thanked the City Attorney and staff for the information that was explained to him regarding an Agenda Item. Chairman Morsch asked anyone who would like to assist in the restoration of the Princess. He thanked staff for all of their help. Also he stated that the City of Lake Elsinore has been designated as the 3rd fastest growing City in the State of California. He also wished Commissioner Jordan a speedy recovery, and thanked the Commissioners for all working together and indicated that he is proud to be on the Planning Commission. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 8:00 p.m. City of Lake Elsinore Planning Commission Meeting Minutes of June 4, 2013 Page 8 of 8 The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, June 16, 2013 at 6:00 p.m. to be held at the Senior Activities Center located at 420 E. Lakeshore Drive, Lake Elsinore, CA 92530. L,ll /tz Rick Morsch, Chairman City of Lake Elsinore Attest: Richar J. MacHott Acting Planning Manager