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HomeMy WebLinkAbout2014-02-04 PC Agenda Item No. 1REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: KRISTINE HERRINGTON OFFICE SPECIALIST DATE: FEBRUARY 4, 2014 SUBJECT: APPROVAL OF MINUTE(S) Recommendation 1. It is recommended that the Planning Commission approve the Minutes as submitted. a. January 21, 2014 Prepared by: Kristine Herrington Office Specialist Approved by: Richard J. MacHott, LEED Green Associate Planning Manager PC February 4, 2014 Item No. 1 Page 1 of 7 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF JANUARY 21, 2014 CALL TO ORDER Chairman Blake called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Morsch led the Pledge of Allegiance ROLL CALL Present: Chairman Blake Vice Chairman Gray Commissioner Jordan Commissioner Morsch Commissioner O'Neal gent D�rector'Tylor, Planning Manager Wu, �ygttorney, Leibold, and Office — 3 MINUTES ission meetina(s It is recommended that the Planning Commission approve the December 3, 2013, Planning Commission Minutes. Motion by Commissioner Morsch, second by Commissioner Gray to approve the Planning Commission Minutes of December 3, 2013; 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 PC February 4, 2014 Item No. 1 Page 2 of 7 City of Lake Elsinore Planning Commission Meeting Minutes of January 21, 2014 Page 2 of 6 ABSENT: None ABSTAIN: None PUBLIC HEARING ITEMS) 2. Residential Design Review No. 2013 -03 (Modification) — A request to change the Conditions of Approval pertaining to hours of construction operation for the Ryland Homes project located within the Summerly Development of the East Lake Specific Plan. Planning Manager MacHott stated that the applicant has withdrawn the application. 3. Tentative Tract Map No. 36624 and Residential Design Review No. 2013- 07 for "Trieste" A Memorandum was distributed to the Planning Commissioners at the beginning of the meeting to inform them that that the applicant requested a Continuance to reexamine Conditions of Approval for the project. Recommendation: Staff recommends to the Commission that they honor his request, take testimony from the interested parties who have responded to the Notice of Public Hearing, and continue Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 to the Planning Commission hearing on February 4, 2014. Planning Manager MacHott stated that the applicant has requested to continue this item with regards to the Conditions of Approval, to the February 4, 2014, Planning Commission meeting. Hazim Abduzahra, stated that he owns a carwash across the street from the project and supports the project. He stated that it will be good for his carwash business. Motion by Commissioner O'Neal, second by Commissioner Morsch to continue Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 for "Trieste" to the February 4, 2014 Planning Commission Meeting; 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 PC February 4, 2014 Item No. 1 Page 3 of 7 City of Lake Elsinore Planning Commission Meeting Minutes of January 21, 2014 Page 3 of 6 4. Zone Code Amendment No. 2014 -01 — A Proposed Amendment of Chapter 17.168 (Conditional Use Permits) of the City of Lake Elsinore Municipal Code Amending Section 17.168.050 (Action of the Planning Commission) to revise the Section and Amending Section 17.168.080 (Lapse of Conditional Use Permit) to replace the existing one -year period within which to commence construction with a two -year initial approval period and to permit a maximum of two one -year extensions of time. Recommendation Staff recommends that the Planning Commission take the following action: 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 -01 Amending Chapter 17.168 of the Lake Elsinore Municipal Code. Planning Manager MacHott presented the Staff Report and indicated that since July 2008, Design Review approvals have received two -year initial life with up to two one -year extensions of time but Conditional Use Permit approvals only receive a one -year initial life with no extensions of time. Staff is proposing to amend the Municipal Code to have the same provisions for both applications by providing Conditional Use Permit approvals a two -year initial life with one -year extension of time that can be approved by the Community Development Director and a second one -year extension of time subject to Planning Commission approval. Commissioner Morsch stated that under Conditions for Revocation, Section 17.186.110, it doesn't state what those conditions are and indicated that he looked up the County's provisions which state the grounds for revocation including that the use is detrimental to the public health and safety or general welfare or is a public nuisance. City Attorney Leibold stated that expanding the provisions for articulating the basis for which a CUP may be revoked is a good idea. Commissioner Morsch stated that he would like to include this provision as part of the subject Municipal Code Amendment. Planning Manager MacHott stated that staff cannot add this provision because this hasn't been noticed in the newspaper but it can be brought back to the Commission as an additional Amendment. Several options for consideration of the subject amendment and the proposed additional amendments were discussed. Commissioner O'Neal asked what constitutes a Public Nuisance and how is it defined. City Attorney Leibold explained that this is defined in the Code as something that is either in violation of the Code or endangers public health, PC February 4, 2014 Item No. 1 Page 4 of 7 City of Lake Elsinore Planning Commission Meeting Minutes of January 21, 2014 Page 4 of 6 safety or welfare. She stated that she will review the provision because it does raise some issues and supports expanding provisions for revocation. She indicated that she will work with staff to bring this back to the Commission at its next meeting. The Commission agreed with staff's recommendation that the Commission act on the subject amendment and that staff will wait until the Commission acts on the revocation provisions before taking both amendments concurrently to the City Council. Motion by Commissioner Jordan, second by Vice Chairman Gray to approve Resolution No. 2014 -01, 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 -01 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 ITEM(S) None. STAFF COMMENTS Community Development Director Taylor stated that the City's Nuisance Abatement Board was re- activated starting January 7, 2014 and Board meetings will be held on the 1St Tuesday of each month. He also stated that staff had a pre - application meeting for the MEBO project. He introduced Interim Principal Engineer Jonathon Wu. CITY ATTORNEY COMMENTS City Attorney Leibold apologized that she didn't speak to the Chair ahead of time but indicated that every year the Legislature updates the "Brown Act" and the change effective January 1, 2014, is that the vote on every Planning Commission item must be announced and must be included in the Minutes. PLANNING COMMISSIONER'S COMMENTS Commissioner Jordan asked if the Commission is supposed to get color renderings and if they are, why there is no consistency with projects presented to the Commission. She noted that some projects have color renderings and others do not, and the MBK project presented tonight did not have the color renderings. PC February 4, 2014 Item No. 1 Page 5 of 7 City of Lake Elsinore Planning Commission Meeting Minutes of January 21, 2014 Page 5 of 6 Planning Manager MacHott apologized and stated that all future projects will include color renderings. Commissioner O'Neal commended Interim Public Works Director Eskandari for the positive impact that she has had on the City such as posted signs, etc. in the City and appreciates the work that she is doing. He stated that he is not happy with Business License procedures in the City and has a problem with the application fees and the Fire Department fees and commented that the City is not business friendly. Community Development Director Taylor stated that there is a checklist that the City hands out to applicants to get a Business License and noted that Commissioner O'Neal's point is well taken. He stated that he has looked into Commissioner O'Neal's concerns and measures will be taken to make the procedure as proficient as possible. He indicated that the City can always do better and the applicants can also follow the directions better and noted that we are public servants first and foremost but this is not under Planning Commission purview. He said that it would have been more appropriately discussed off -line during which he will be glad to help him. Chairman Blake stated that he appreciates Commissioner O'Neal's comments and appreciates staff's hard work. Commissioner Morsch stated that his concern is that as a responsible Planning Commissioner, should he be approving projects that don't have the infrastructure to carry the load and indicated that the Commission is approving more subdivisions and tract developments in Canyon Hills Estates and Summerly and they all migrate to the intersection at Railroad Canyon Road and Grape Street. The traffic on Railroad Canyon Road backs up all the way to Lambs Fellowship Church. The impact is not only going to affect the people that are moving into the community but it also has an impact on the people that are already in the City. He requested to see any available Traffic Studies, recent or historical, analyzing the intersection and what is considered a maximum amount of traffic that the intersection can handle. Vice Chairman Gray asked about the status of the Safety Committee. City Attorney Leibold stated that the Public Safety Advisory Commission (PSAC) is an Advisory Commission and indicated that the City Council did approve a revised Ordinance and the applications to fill vacancies on PSAC that had been received before the end of the year are still valid applications. The City Council extended the application period to January 2014. She stated that there is a Council Subcommittee that will review those applications and make a recommendation to the City Council for appointments. There are four openings at this point and the only on -going member is Commissioner Jay Stuart who is the designated Chair of the PSAC. The expected appointments and first PSAC meeting will be in March 2014 and will be held once a month on Wednesday. She stated that the Commission will be advised of the date of the first meeting and noted that staff PC February 4, 2014 Item No. 1 Page 6 of 7 City of Lake Elsinore Planning Commission Meeting Minutes of January 21, 2014 Page 6 of 6 will provide the Planning Commission with a copy of the Ordinance in their mailboxes regarding the scope of the jurisdiction for the PSAC. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Blake adjourned the Planning Commission meeting at 6:50 p.m. The next regular Planning Commission meeting will be held on February 4, 2014, at the Senior Activities Center, located at 420 E. Lakeshore Drive, Lake Elsinore, CA 92530. Attest: Richard J. MacHott, LEED Green Associate Planning Manager David Blake, Chairman City of Lake Elsinore PC February 4, 2014 Item No. 1 Page 7 of 7