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Home My WebLink About02-04-2014 NAHCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 4, 2014 CALL TO ORDER Chairman Blake called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner O'Neal led the Pledge of Allegiance. ROLL CALL Present: Chairman Blake Vice Chairman Gray Commissioner Jordan Commissioner Morsch Commissioner O'Neal Absent: None Also present: Community Development Director Taylor, Planning Manager MacHott, Interim Public Works Director Eskandari, City Attorney Leibold, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR ITEMS) 1. Minutes for the following Planning Commission meeting(s) • January 21, 2014 Recommendation: It is recommended that the Planning Commission approve the January 21, 2014, Planning Commission Minutes. Motion by Vice Chairman Gray, second by Commissioner Jordan to approve the Planning Commission Minutes of January 21, 2014; the motion passed by unanimous roll -call vote as follows: AYES: Chairman Blake, Vice Chairman Gray, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None City of Lake Elsinore Planning Commission Meeting Minutes of February 4, 2014 Page 2 of 6 ABSENT: None ABSTAIN: None PUBLIC HEARING ITEMS) 2. Tentative Tract Map No. 36624 and Residential Design Review No. 2013- 07 for "Trieste" Recommendation Staff recommends that the Planning Commission: a. Adopt Resolution No. 2014 -_; Resolution of the Planning Commission of the City of Lake Elsinore, Recommending to the City Council Adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07, Located at the Southwest Corner of State Highway 74 and Rosetta Canyon Drive, in the Ramsgate Specific Plan. b. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council Approval of Tentative Tract Map No. 36624, to Subdivide 13 Gross Acres into 75 Residential Lots, Private Streets, Parkways, and Public Utility Lots. C. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Residential Design Review No. 2013 -07 for "Trieste," Located at the Southwest Corner of State Highway 74 and Rosetta Canyon Drive, in the Ramsgate Specific Plan. Staff distributed a Memorandum to the Planning Commission stating that the applicant has requested that the project be taken off calendar, to be re- advertised for a future date. Staff recommended that the Planning Commission honor his request, take testimony from any interested parties who were at the hearing and continue Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 Off - Calendar, and return the exhibits to the Planning Commission Secretary. Commissioner Jordan had comments on the following Conditions of Approval. Condition No. 20 (c) on page 18 of 65 CC &Rs shall prohibit or front -yard microwave satellite antennas (revise because it is missing something). City of Lake Elsinore Planning Commission Meeting Minutes of February 4, 2014 Page 3 of 6 Condition No. 20 (e) on (page 18 of 65 Commissioner Jordan said that the Condition is vague. City Attorney Leibold stated that the Condition is intended to make clear to the applicant that the only consent that the City would provide to a termination of the CC &Rs is if there was an adequate demonstration based on the City Manager's judgment, that there was a mechanism by which all maintenance would be satisfied. She stated that this is an acceptable standard. Condition No. 24 The language of the Condition refers to Condition No. 21 but should be changed to refer to Condition No. 23. Condition No. 44 Typo on date. (Date needs to state June 27). Condition No. 61 Typo on date. (Date needs to state 1990). Condition No. 74 Separate Condition after "Submit grading plans with appropriate security ". Add a new Condition for "Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. All storm drain facilities shall comply with Riverside County Flood Control District's design standards with appropriate safety factors." Commissioner Jordan requested that each Condition be reviewed for typos. Planning Manager MacHott stated that staff will review all Conditions. Commissioner Jordan stated that she read through the Conditions that reference a Development Agreement dated June 27, 1990 and asked if that Development Agreement is still valid. City Attorney Leibold stated that the Development Agreement is still in effect and not by its original terms but by a recognition of the outlying circumstances. Commissioner Morsch asked if the project is exempt from TUMF. City Attorney Leibold stated yes. 3. Zone Code Amendment No. 2014 -02 — A proposed Amendment of Chapter 17.168 (Conditional Use Permits) of the City of Lake Elsinore Municipal code amending and clarifying provisions regarding the suspension and revocation of Conditional Use Permits. City of Lake Elsinore Planning Commission Meeting Minutes of February 4, 2014 Page 4 of 6 Recommendation a. Approve Resolution No. 2014- ; 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 Zoning Code Amendment No. 2014 -02 amending Chapter 17.178 of the Lake Elsinore Municipal Code. Planning Manager MacHott presented the Staff Report. Chairman Blake asked if staff received comments from the public. Planning Manager MacHott stated that staff received no comments. Commissioner O'Neal asked the City Attorney to define "Public Nuisance" and "General Welfare ". City Attorney Leibold explained and noted that there is a provision in the Municipal Code that defines "Public Nuisance" and the procedural requirements to declare a "Public Nuisance ". Planning Manager MacHott added that there is an appeal process to the City Council which is in the provisions of the amendments as well. Commissioner Morsch thanked staff for their hard work in preparing the staff report. Vice Chairman Gray thanked the City Attorney and the Planning Manager for clarifying the Zone Code Amendment and stated that it is an excellent change. Chairman Blake stated that the Zone Code Amendment protects the community and protects the individual. Motion by Commissioner Morsch, second by Vice Chairman Gray to approve Resolution No. 2014 -02, 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 Zoning Code Amendment No. 2014 -02 Amending Chapter 17.168 of the Lake Elsinore Municipal Code; the motion passed by unanimous roll -call vote as follows: AYES: Chairman Blake, Vice Chairman Gray, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None ABSTAIN: None BUSINESS ITEMS) None. City of Lake Elsinore Planning Commission Meeting Minutes of February 4, 2014 Page 5 of 6 STAFF COMMENTS Community Development Director Taylor stated that staff is taking the steps to streamline the Business License procedures for the City's residents and will work to improve the process to a more efficient process. He stated that staff will check to see if any Code Amendments are necessary and will present to the City Council but noted that there is no specific date as to when this will be done. He also indicated that staff received a call from Tractor Supply Company interested in bringing their business to the City and thanked Interim Public Works Director Eskandari for helping pursue this. Interim Public Works Director Eskandari updated the Commission regarding the congestion at Railroad Canyon Road. She said that staff is working with Caltrans to fix the problem. PLANNING COMMISSIONER'S COMMENTS Commissioner Morsch asked if the City has done any Traffic Studies analyzing the Railroad Canyon Road intersection. Interim Public Works Director Eskandari stated yes and indicated that the Traffic Study data is current and traffic projection is based on build out. She stated that staff will report back to the Planning Commission in a few months regarding status of the projects. Planning Manager MacHott distributed copies of the Public Safety Advisory Commission (PSAC) Ordinance that was adopted for information purposes to the Commission. He indicated that the City held interviews for the PSAC. Also, he stated that staff revised the Community Development Department's Entitlement Process and the Flow Chart and distributed copies to the Commission. He asked the Commission that if they have any comments to please forward to him so that he can finalize the document. Commissioner O'Neal stated that he's glad that Interim Public Works Director Eskandari is working at the City and appreciates her attention to detail and see's it throughout the City. He stated that he spoke to the City Clerk about the Commission getting IPADs for the Planning Commission meeting and offered to pay for the IPAD over a period of time. Also, he appreciates that the Community Development Director Taylor met with him to speak about planning issues. He requested that the Planning Commission Agenda be uploaded a few days sooner to review. Commissioner Morsch thanked Interim Public Works Director Eskandari for updating the Commission regarding Railroad Canyon Road. He asked City Attorney Leibold what the policy is regarding having Tablets at the Planning Commission meetings. City Attorney Leibold stated that the Commissioners can use a Tablet as long as they are used for the Planning Commission and not for personal use. City of Lake Elsinore Planning Commission Meeting Minutes of February 4, 2014 Page 6 of 6 Chairman Blake thanked staff for their thoroughness and preparation of the staff reports and appreciated that the Planning Commission packets were done early. CITY ATTORNEY COMMENTS None. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Blake adjourned the Planning Commission meeting at 7:01 p.m. The next regular Planning Commission meeting will be held on February 18, 2014, at the Senior Activities Center, located at 420 E. Lakeshore Drive, Lake Elsinore, CA 92530. David Blakey Ch�rman City of Lakeinore Attest: Richard d MacHott, LEED Green Associate Planning Manager