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HomeMy WebLinkAbout01-02-2007 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 2, 2007 CALL TO ORDER Cdiaim~axr O'Neal called the Regular Plamring Commission Meeting to order at 6:05 PM. PLEDGE OF ALLEGIANCE: Senior Planner Harris led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI ABSENT: COMMISSIONERS: Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Associate Planner Resendiz, Senior Planner Hams, Project Planner Coury, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) Mario Fernandez, whose address is 1010 Lakeshore Drive and 1012 Lakeshore Drive, bake Elsinore, said he is attending the meeting because he has been cited for removing chain link fences on his property on the lake. He said he spoke to Project Planner Court'. He expressed concern that he was being required to put up wood fencing because if the water rises again it would be a problem He said he had also had issues with break ins and a dog coming onto the property and attacking one of their kids. He said he want's to complywith what is going on, but he said he cannot afford it at this time. He wanted infom~ation regarding having to bring the fences down. Dorothy Spielberg of Lake Elsinore said she was there to discuss a fence violation she had received. She bought her property thirty (30) years ago and she said at the time she went to the city and said she needed to be able to fence it off some way because people were riding ATVs, walkixrg, and coming up with their boats. She was concerned that she, not the City, could be sued if someone was hurt on her property. She told the City she needed to be able to close off Agenda Item No. Page of PAGE 2 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 the property; she said she spoke with Director of Community Development Pxeisendanz, who was working fox the city. She asked if she could put up a wooden fence and she was able to put up some of the wooden fence fox pxivary. She also needed to close it off to keep people out. She said she made three (3) visits and she said she wanted to put up a fence that had a metal stake with a wire n,nning across it. She was told she could use wire as long as it wasn't barbed wire. She has since received a fence violation telling hex she has to take down the fence and put up a wooden fence. She wants to know who is going to pay fox the fence because it is costly to have the fence removed and another one put up in its place. She asked if there axe redevelopment funds available to fund the fence project. Chairman O'Neal told both Mx. Fernandez and Ms. Spielbexg they needed to file an appeal fox the citation with the City Clerk. He said once they did that the Council would have briefing on all of the parameters of the problem and they could discuss the issue before CouncIl. Ms. Spielbexg expressed a concern that because the process would be so slow she might be fined. Chairman O'Neal told hex that once she started the process she shouldn't have to worry about being fined. Chairman O'Neal told hex that she would be directed to City Council to address hex problem. There may be a fee which she could appeal if she disagreed with the fee. CONSENT CALENDAR 1. Minor Design Review of aSingle-Family Residence located on Crestview Drive (APN: 379-300-026 Director of Community Development Pxeisendanz provided a brief overview of the proposed project and requested Senior Planner Harris to review it with the Commission and answer questions. Matthew Haxxis, Senior Planner provided an overview of the project. 2. Minor Design Review of a two-story Single-Family Residence located on Crestview Drive (APN: 379-300-016 Director of Community Development Pxeisendanz provided a brief overview of the proposed project and requested Senior Planner Harris to review it with the Commission and answer questions. Matthew Harris, Senior Planner, provided an overview of the project. Dale Neal with NC Construction residing at 1383 Redondo Avenue, Suite 202, Long Beach, California, said that he had read the conditions and he agreed to comply with them. Agenda Item No. Page of PAGE 3 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 All Commissioners said they supported the project as long as the builder agreed to hook into the sewer as described in the project overview. MOVED BY MENDOZA, SECONDED BY FI,ORES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO 2007-01, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF ASINGLE-FAMILY RESIDENCE LOCATED ON CRESTVIEW DRIVE (APN: 379-300-026). MOVED BY MENDOZA, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO 2007-02, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE. CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A TWO-STORY SINGLE-FAMILY RESIDENCE LOCATED ON CRESTVIEW DRIVE (APN: 379-300-016). PUBLIC HEARING ITEMS 3. Tentative Tract Map No. 32481(APN: 389-412-027) Chairman O'Neal opened the Public Hearing at 6:21 PM Director of Community Development Pxeisendanz provided a brief overview of the proposed project and requested Senior Planner Harris to review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project. Randy Zeigler, who resides at 171 Ambrose, Newport Coast, California, said he had read all conditions and agreed with them. He expressed his appreciation to the City of Lake Elsinore fox their assistance with a difficult project. Vice Chair Gonzales asked Mx. Zeigler when they planned to start building houses and how many homes they planned to build Mx. Zeigler said they hoped to start within six (6) months and the plan was to build fifty four (54) semi-custom homes with lake views. Agenda Item No. Page of PAGE 4 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 Commissioner Flores commented on the drainage, sewer and water lines. He said he didn't anticipate any problems with the project. Commissioner Zanelli said he looked forward to seeing the improvement on the lot. MOVED BY ZANELLI, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2007-03, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT IDENTIFIED AS TENTATIVE TRACT MAP NO. 32481. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2007-04, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP N0.32481. 4. Conditional Use Permit No. 2006-19, for Bread of Life Fellowship Church Chairman O'Neal opened Public Hearing at 6:30 PM Director of Community Development Pxeisendanz provided an overview of the project, and requested Planning Manager Weiner to review it with the Commission and answer questions. Plamiing Manager Weiner provided an overview of the project. Senior Pastor Phil Sainz, 23895 Via Dama Linda, Murxieta, California, said he had read and agreed with all Conditions of Approval. Commissioner O'Neal closed the Public Hearing at 6:33 PM. Commissioner Comments Commissioner O'Neal asked Pastor Sainz if the plan after three (3) years was to build a permanent structure which would replace the modular buildings. Pastor Sainz said that after three (3) years the plan would be to build a sanctuary on one and one quarter (1 t/a acres) of available land. Agenda Item No. Page PAGE 5 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 Commissioner O'Neal asked what would happen if after three years the church didn't have money to build. Pastor Sainz said that the church would either add more services ox hold services in the High School gym. Commissioner O'Neal said he didn't like the way the project looked. He would like to have some things added to the building so it would be more attractive. He said it would make it feasible fox the Pastor to stay in the building longer than three (3) years if necessary. He asked Pastor Sainz if he was amenable to adding to the buildings to make them more attractive. Pastor Sainz said he would be happy to work with the Planning Commission to make the buildings comparable to the existing sanctuary so they were would be more attractive. Commissioner Zanelli asked City Attorney Santana if the Conditional Use Permits allowed fox only a limited time. He expressed a desire to comply with what is written in the Municipal Code and to set precedence. Commissioner O'Neal asked Planning Manager Weiner about the plumbing and how it would work with the modular buildings. Planning Manager Weiner said the floor plan shows a xestroom facility on each unit. He said there is an existing sewer condition there. He asked Pastor Sainz to clarify. Pastor Sainz said the plan is to connect it to the existing sewer line unless the City allows a temporary situation with an outside service to come in to do clean up. Commissioner Gonzales asked if the two buildings were leased from the High School. He also asked where the permanent buildings would be built. Pastor Sainz said the buildings were not leased from the High School and that the building would be built on acreage that was not shown on the map because it was fenced outside the area shown. Commissioner Flores asked Pastor Sainz about the number of services held, and if the modular units would be used fox overflow during the services. Pastor Sainz said they would add additional services if more people came. The modular units were to be used fox teaching children during all services, not fox overflow. Commissioner Flores asked if there an existing sewer line near the two proposed units. Pastor Sainz said there was an existing sewer line and both units were provided with xestroom facilities. Agenda Item No. Page PAGE 6 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 Commissioner Flores indicated that he preferred to see xestrooms in each of the units, and that hook up be made without any outside services. Commissioner Zanelli said that he was in favor of approving the project, but he was concerned that the Code may need to be modified to allow the City to approve the project as well as any future similar projects. Commissioner Flores asked if it was possible fox the modular buildings to match the existing building exterior, including roofing. He asked Commissioner O'Neal to clarify what he meant when he said he would like to see improvements to the exterior of the buildings. Commissioner O'Neal said he wanted the Staff and applicant to have as much latitude as they could have. He said he didn't want to be specific; he just wanted to be particular. City Attorney Santana addressed Commissioner Zanelli's question about the Municipal Code. She said temporary buildings are not prohibited as conditional uses within the R1 District, and the Planning Commission has the authority to adopt a Resolution stating that based on certain findings, a temporary use is permissible use, subject to Conditional Use Permit, and in this situation, it would be appropriate. She also said the difference between a Conditional Use Permit and a Temporary Use Permit is that a temporary use permit is subject to time limits which axe rather short. Conditional Use Permits do not have time limits set in the code that sunset the conditional use permit. She said record would have to indicate what the life of the conditional use permit should be. She said it is within the discretion of the Committee to discuss it and make a recommendation accordingly. MOVED BY FLORES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2007-05, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-19, A REQUEST TO TEMPORARILY PLACE TWO (2) MODULAR UNITS WITHIN THE PARKING AREA OF AN EXISTING CHURCH FACILITY WITH THE MODIFICATION TO ARCHITECURAL DESIGN FEATURES. BUSINESS ITEMS A proposal was brought up by Chairman O'Neal to discuss elections of Chair Person and Vice Chair. Agenda Item No. Page of PAGE 7 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 MOVED BY GONZALES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO RE-ELECT CHAIRMAN O'NEAL FOR THE POSITION OF CHAIRMAN OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA. MOVED BY ZANELLI, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO RE-ELECT VICE CHAIR JOHN GONZALES FOR THE POSITION OF VICE CHAIR OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA. Staff Comments Engineering Manager Setxmalo reported on the Railroad Canyon Road Slope Repair and Grand Ortega intersection and signalization projects. He said they axe scheduled to start in the middle of January. The Ortega-Interstate 15 project is scheduled to be completed at the end of January, weather permitting. Planning Manager Weiner thanked the Commission fox communicating when there are concerns. He also introduced Joe Bittexolf, a planning intern at City Hall. Director of Community Development Pxeisendanz said the Planning Commissioners compensation increase would be on the agenda for the January 9, 2007, City Council meeting. He said he was preparing a Staff Report fox January 9, 2007, that would go before the CouncIl the next day. Conunissionex O'Neal asked for a copy. Commissioner Zanelli said he spoke to Ron Hewison, Commissioner of Public Safety, regarding the subcommittee on the Lakeshore Overlay Plan who is not ready to select members because they axe short one member. He hopes to get that done in the near future. He also asked fox direction xegazding working with some of the design review committee issues. Commissioner Zanelli also talked to Engineering Manager Setunalo some time back on getting together regarding projects relating to his area, and would like to be informed as these projects come about, and asked Director of Community Development Pxeisendanz about some of the Design Review Committee issues but haven't heard any responses back and would like direction. Director of Community Development Pxeisendanz asked Commissioner Zanelli if he was interested in having two (2) Commissioners on the Design Review Committee. Commissioner Zanelli said he was interested, not as a formal thing, but to become better educated and understand the process, so when projects come to them they better understand them. Being involved in the process might help resolve issues earlier. Agenda Item No. Page of PAGE 8 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 Chairman O'Neal expressed concern of vio]ation the Brown Act if design review was discussed among Commissioners. He asked how to work around these types of issues. City Attorney Santana said there were potential Brown Act violations. She discussed the ways that the Commission could work around the situation. She said they could institute a formal sub-committee, similar to the way the Lakeshore Overlay District was done. However, the members could not discuss anything from Design Review Committee outside of the public meeting when the Commissioners met. She said there should not be discussions outside of Design Review Committee. She discussed the possibility of having Commissioners serve terms on the Design Commmittee. Determining a process of selection and a term fox serving was still under discussion. She said there could be what is called the "Spoke and Wheel" problem and gave recommendations of conduct that would protect the Council. Commissioner O'Neal asked if everyone on the CouncIl was briefed, yet no one was singled out fox discussion, would it be a violation. City Attorney Santana said it could still be a violation. Director of Community Development Pxeisendanz suggested developing a list of projects that axe submitted and provide that list to each Commissioner, and look at what has been submitted and if there are any questions about any items on the list, contact the Director of Community Development Pxeisendanz ox the Planner, and the Commissioners could get information on projects that have been submitted. Commissioner Flores thought it was a good idea that they receive information on these projects, and would like to have the time set aside with the Planners to review the projects. If Staff could coordinate a time period, or a day that the Planning Commissioners, ox any of those that would like additional information, to come into the office, and Staff would have those particular person available fox these discussions, so that no ones time is wasted. Commissioner Flores also thanked everyone fox the assistance that he got this morning regarding Crestview. He was glad that the gentlemen accepted the Conditions "as is", to continue the project. He said when these issues come about that we take a closer look at that only because it's not going to be the first one, and these Conditions axe not added on prior to these meetings, and that we axe able to see these clearly as they come across, and that we don't have the same type of construction at the same period, on the same day, ox vise versa. He would like to see a light bulb that goes on that says we have to take a closer look at this one, which would be at the best interest ox the welfare and the safety of that community. Commissioner Flores congratulated Chairman O'Neal fox the reappointment of Chairman, and Vice Chair Gonzales fox the reappointment of Vice Chair and they have his support. They both have done an outstanding job and would like to see it continued for the next four (4) years. Agenda I[em No. Page PAGE 9 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 Commissioner Mendoza welcomed Joe Bitteroff, planning intern. Also he asked Engineering Manager Seumalo about timeline of southbound exit on Railroad Canyon Road. Engineering Manager Seumalo said the project is suppose to be completed at the end of January 2007. Vice Chair Gonzales asked what is happening on Collier and Riverside Drive, he stated that all of that area has been fenced in, across from the cemetery. Planning Manager Weiner said there have been various inquiries about that area but there hasn't been a project submitted. Vice Chair Gonzales asked what type of fence is allowed in the City, and can a person put up a chain link fence on their property. Director of Community Development Pxeisendanz said the City doesn't allow a chain link fence on aSingle-Family home. People axe allowed to put temporary fencing up to secure their sight, and they don't require a permit, so they sometimes end up putting chain link fences up. Commissioner Gonzales asked what is happening at the corner of Lincoln and Riverside Drive, going into the campground, was a road supposed to be built straight through, where the light is (there is an old house on the campground), it used to be a State Park. City Manager, Brady, stated that the campground is moving forward, and the alignment of the road is suppose at Lincoln, where the house is located. Unfortunately, that house is in very poor condition, and it is questionable as to whether it is safe ox not and said eventually the house will be torn down. Commissioner O'Neal suggested that regarding the Design Review Committee, he said he would be willing to send two (2) Commissioners to be on the Committee, and do not report back to the Commission, however, every three (3) months, those Commissioners could rotate with the other two (2) Commissioners. Director of Community Development Pxeisendanz said the purpose of the Design Review Committee is to involve each Department and/ox Agency with the project in the same room. This process allows Fixe, Engineering, Planning, and Building, under Community Services in one room, to talk about the issues pertaining to the project. It helps to expedite projects through the system. The Design Review Committee meets every other Thursday at 2:30 pm. Commissioner Zanelli said regarding the people that spoke about the Lakeshore Drive fencing, he said he talked to Shawn Slater, Code Enforcement, that afternoon, and Shawn has been corresponding to the property owners on what they axe required to do regarding the removal of the chain link fences along Lakeshore Drive, therefore, any questions about chain link fences can be directed to Shawn Slater, Code Enforcement. Agenda Item No. Page of PAGE 10 -PLANNING COMMISSION MINUTES -JANUARY 2, 2007 PUBLIC HEARING ITEMS NONE INFORMATIONAL NONE ADJOURNMENT THERE BEING NO FURTHER BUSfI A S, CHAIRMAN O'NEAL ADJOURNED THE MEETING AT 7:19 PM O J UARY 2, 2006. - Respectfully Submitted, Kristine Herrington Office Specialist III ATTEST: Rolfe Pxeisendanz, Director of Community Development Agenda Item No. Page of