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HomeMy WebLinkAbout03-06-2007 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY. MARCH 6.2007 CALL TO ORDER: Chairman O'Neal called the Regular Planning Commission meeting to order at 6:04 pm. PLEDGE OF ALLEGIANCE: Commissioner Zanelli 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 Carlson, Associate Planner Resendiz, Planning Consultant Coury, Planning Consultant Miller, Senior Planner Harris, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) No requests to speak CONSENT CALENDAR ITEMS 1. Minutes Regular Planning Commission Meeting Minutes for January 2, 2007. MOVED BY ZANELLI, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO APPROVE THE PLANNING COMMISSION MEETTING MINUTES FOR JANUARY 2, 2007. PAGE 2 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 PUBLIC HEARING ITEMS 2. Conditional Use Permit No. 2005-19 Chairman O'Neal opened the Public Hearing at 6:05 pm. Staff recommended a continuance to March 20, 2007, Planning Commission meeting. MOVED BY MENDOZA, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO CONTINUE CONDITIONAL USE PERMIT NO. 2005-19 TO THE MARCH 20, 2007, PLANNING COMMISSION MEETING Chairman O'Neal closed the Public Hearing at 6:05 pm. 3. Conditional Use Permit No. 2007-O1; A request to establish and operate a video arcade and outdoor dining area and to conduct on-premise alcohol sales in conjunction with a bowling and entertainment center. Chairman O'Neal opened the Public Hearing at 6:06 pm. Staff recommended a continuance to March 20, 2007 Planning Commission meeting. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0, TO CONTINUE CONDITIONAL USE PERMIT NO. 2007-O1; A REQUEST TO ESTABLISH AND OPERATE A VIDEO ARCADE AND OUTDOOR DINING AREA AND TO CONDUCT ON-PREMISE ALCOHOL SALES IN CONJUNCTION WITH A BOWLING AND ENTERTAINMENT CENTER TO THE MARCH 20, 2007, PLANNING COMMISSION MEETING. 4. Amendment to Residential Design Review No. 2004-20 Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Associate Planner Resendiz to review it with the Commission and answer questions. Associate Planner Resendiz provided an overview of the project. He stated that the applicant is requesting an Amendment to the approved Conditions of Approval, specifically Condition Number 11, to allow for a private sewer system instead of connecting to the public sewer system as originally approved. He stated that based on the PAGE 3 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 information provided staff recommends that the Planning Commission deny the request to amend the approved Conditions of Approval for the Residential Design Review No. 2004-20. Chairman O'Neal opened public hearing at 6:10 pm. Chairman O'Neal confirmed with the applicant that the name of the applicant's company is Hagan Investments Inc. and his Contractor License number is 331577. He asked the applicant how long he has been in business. The applicant stated he has been in business for thirty one (31) years. Chairman O'Neal stated that he had a copy of a letter which is dated January 23, 2005, and was sent to Mr. Robert Brady, and asked him to identify the letter. Mr. Hagan confirmed sending this letter regarding doing all of the improvements on the sewer for the project, and it has his signature on the letter. Chairman O'Neal asked about sentences 1, 2 and 3 in reference to the letter. He confirmed with Mr. Hagan that he finalized all plans for completion, and confirmed that in the letter, Mr. Hagan stated "the price point we were hoping to target will not be our primary focus." Mr. Hagan said "at that moment it was, it was a different economy then, than we are today". Chairman O'Neal confirmed that Mr. Hagan provided all drawings and site layouts to Associate Planner Resendiz for his review. Mr. Hagan said yes. Chairman O'Neal referred to the second paragraph, third sentence which read "lots fully improved, including water, sewer, streets, curbs, etc.", and confirmed with Mr. Hagan that he did write this, and also confirmed with him that on April 5~' 2005, he came before the Planning Commission and agreed to provide sewer services, in particular, Item Number 11, the terms and conditions. Mr. Hagan said yes. Mr. Hagan stated that he held the project off for approximately one (1) year and four (4) months while getting all the bids for the sewer system. He purposely waited as long as possible to either build or get rid of the project. He knew when he pulled permits in July 2006, that sewer was not possible due to the fact that it is too expensive. At that point he hired Academy of Engineering to come out and check his property, he talked to various technicians at the counter, and asked them what were the requirements for getting septic. He stated he didn't go through any formal approvals, and he said that they told him as PAGE 4 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 long as his properties permit it he can put them in. Mr. Hagan said they didn't address the Conditions of Approval and that he could put septic in. He didn't think going to seepage pits was that "big of a deal." Based on this information, he pulled his permits. All eight (8) permits say private septic systems. He said he pulled Health Department Permits, pulled City Permits, and he got inspections from everyone involved. The only reason he said he put seepage pits in was because he couldn't afford sewer which would have cost him $250,000. He didn't think this was going to be an issue because he had all of the inspections done. He also indicated that on January 3, 2007, he called for final on his first house, and that is when the issue first came up. He also stated that he has been trying to get to the Planning Commission since January 3, 2007, to discuss this issue, to try and get it resolved. He said he has eight (8) houses finished, and spent a lot of money building this project and he has no funding to put sewer in. He built nice houses and there is nothing wrong with the system that he put in. He said that if the City would have told him in July when he was pulling permits that he couldn't have septic systems he would have stopped the project. Mr. Hagan continued to explain that if the Municipal Code is that important that staff wants to deny his request to amend these then he wants to point out that the Municipal Code is in direct conflict with the Uniform Building Code, and the Uniform Plumbing Code, and they are both adopted by the Lake Elsinore Municipal Code. Chairman O'Neal brought to the staffls attention a permit stating that Mr. Hagan can have a private sewer system and that it has been inspected at least two (2) times and has been checked off and asked staff to explain how there is a permit that allows him to have this and they are requesting a denial on this. Director of Community Development Preisendanz who represented Building and Safety, stated that the permit was issued in error by the technicians working at the counter. He stated that the City has corrected this issue by requiring that the Conditions of Approval be reviewed prior to issuance of a permit that has a number of homes such as this. He continued to explain that once the permits are issued the inspectors are not looking at whether the Conditions of Approval are complied with or not, they are looking at what was permitted. In that regard there was an error. However, his experience in government has shown that whether or not a permit is issued or a mistake is made in a decision, the Development Code and/or Conditions of Approval still override any error that the City staff member makes for any project and that he cannot recommend anything other than denial because the Code is very clear as to the requirement to multiply the 200 feet times the number of homes in order to avoid an over saturation of septic in an area that is denser than one (1) or two (2) Single Family Homes. In the case of the error, the City is going to correct this in the future. He believes firmly and law would support him that the Development Code and the Building Code does apply to the project whether or not the permit was issued in error. As to the conflict of Code, he understands where Mr. Hagan is coming from but as staff they can't oppose a Code requirement. Chairman O'Neal asked Mr. Hagan to explain how this situation came about. PAGE 5 -PLANNING COMNIISSION MINUTES -MARCH 6, 2007 Mr. Hagan stated that the way he understood it, when pulling Building Permits, they are supposed to review the Conditions of Approval. He said he told the technician at the counter that he intends to do a septic system and he is not installing sewer, they allowed him to do this and charged him $75.00 and issued the permit. He stated that he has spent $124,000 on the septic system. He clarified that if he was initially told that he could not be approved for septic, in July 2006, then he would have made the decision to walk away from the project. Chairman O'Neal clarified with Mr. Hagan that the permit was issued in July 2006, and was certified by two (2) Inspectors by the City of Lake Elsinore. Mr. Hagan also said that it was also certified by the Health Department Inspector. There were requests to speak on this Item. Jack Curtis, who owns Curtis Dump Truck and Backwoods Service Inc. in Wildomar since 1960, said he installed Mr. Hagan's seepage pits and septic tanks, and they were all certified by the Environmental Health for the City of Lake Elsinore, and are very good systems for the houses, and now that he (Mr. Hagan) is forced to sewer, he is going to have to spend more money pulling all of the septic tanks out. Allan Geraci with the Law Firm of Geraci & Lopez in San Marcos added that Mr. Hagan, in good faith, built beautiful homes. He complied with all the Building Permit requirements and the seepage pits were inspected by both the Department of Health and the Building Department in Lake Elsinore. He further stated that the law is very clear in this situation and supports Mr. Hagan's position if an appeal were taken and/or an action in the Superior Court. PLANNING COMMISSION COMMENTS Commissioner Mendoza stated to Mr. Hagan that he didn't think there was "good faith" in requesting to pull the permit when his Conditions of Approval specifically stated a sewer. Also, if Mr. Hagan knew he was going to a sewer system, why didn't he stop the project and request an Amendment to the Conditions of Approval prior to completing the homes and having a septic tank installed since he knew that a sewer system was on the Conditions of Approval. Mr. Hagan stated that he believed that everyone knew he was installing septic and when he was pulling permits, he spoke to the Building technicians about the requirements to put septic in months before he ever pulled the permits. He spent $13,000 to test the property for seepage. He also stated that he has done twenty four (24) houses in Lake Elsinore, and said that the Conditions of Approval are not always adhered to. During construction, conditions change and you can't always predict what is going to happen. Commissioner Mendoza asked Mr. Hagan if he knew that his Conditions of Approval specifically required sewer. PAGE 6 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Mr. Hagan said yes. He said he made an informed decision to go septic to when he pulled permits, and he thought it was common knowledge that he had septic. He did say he should have addressed the Conditions of Approval that day but he didn't think it would be a monumental problem. He continued to say that if he had known, he would have appealed the Conditions of Approval before he ever started, or just sell the land because he knew the day he pulled permits, he couldn't afford sewer. He did agree with Commissioner Mendoza that he should have fixed the Conditions of Approval before starting the project and spending 3.5 million dollars. Commissioner Mendoza stated that he disapproved the project because the Conditions of Approval should have been agreed upon and adhered to. Commissioner Flores stated that he was disappointed in staff for providing the permits when they should not have, and it was a costly error for the applicant. Regarding the permit, he didn't understand Code SW01 and that under Code SSOI (rough septic system inspection) there was a City inspector's initials with the date that indicates November 29, 2006, which was the date that the inspector inspected the rough septic installation, and that under Code SWO1 (on-site sewer) there was Environmental Health initials with a date of July 27, 2006, which is two (2) months prior to the rough inspections for the City inspector, and asked that Mr. Hagan clarify this. Mr. Hagan stated that the Health Department inspects the entire installation and that the City inspector inspects the connection from the house to the septic tank, he doesn't do the inspection of the seepage pits. Commissioner Flores stated that this was confusing because at the bottom of the form, there is an area for release which was signed by the Environmental Health Inspector on the same date, and asked how that is possible? Mr. Hagan stated that the Environmental Health Inspector doesn't sign anything off until they are done. Commissioner Flores stated that is why he is confused. He explained that if the Environmental Health Inspector went out to do the rough inspection on July 27, 2006, and that on the bottom of the form under "Division Approvals Required Prior to the Building Occupancy" it states July 27, 2006, it was done on the same day, but in November, it's being looked at as a rough septic system inspection by the City inspector. He also stated to Mr. Hagan that he should have spoken to the Planning Division before pulling permits and corm Conditions of Approval. Mr. Hagan said that the entire system installation is monitored by the Health Department and the only thing the City inspector does is checks the connection from the house to the tank which is not the rough system install. PAGE 7 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Commissioner Flores stated that in reviewing the information presented, he did everything he could to help Mr. Hagan but has to deny the project and let him continue with the process. He concluded by wishing Mr. Hagan the best of luck and knows this will not happen again within City staff. Commissioner Zanelli stated that also on the Conditions of Approval, Condition Number 20 also stated that "prior to building permits the construction supervisor shall meet with the Planning Division to review the Conditions of Approval". He explained that there should have been a meeting to go over everything and make sure everyone understood each other. He concluded by stating that unfortunately, the applicant did not do this and denied the applicant's request. Vice Chair Gonzales stated that both the City and the applicant made a mistake, and all of his questions have already been answered. Chairman O'Neal stated that up to the point where he saw the permit, he was going to deny this, however, he believes there is a huge issue with the fact that Mr. Hagan went to the counter, spoke to a Planner, and spoke to the person who issued the perrnit and even though he told them that he could not afford to put in a sewer and requested to put in a septic tank, the permit was signed off. He concluded by stating that is not denying this since Mr. Hagan spent $124,000 on a septic system that the City approved. He asked Deputy City Attorney Santana. to suggest what the Planning Commission should do to resolve this. City Attorney Santana made the following statement "estoppel against a Public Agency is issued or comes about in very limited circumstances. It is possible for estoppel to issue against a Public Agency in a situation where there has been detrimental good faith, reliance by a plaintiff as against the City based on some representation that was made by the City or a City Official. The question is a question of fact and whether or not the Planning Commission believes that there was sufficient evidence of good faith reliance on the part of Mr. Hagan to rely on the Building Permit in proceeding forward with the septic system as opposed to connecting to the sewer based upon the Conditions of Approval that were part of his project approvals. Therefore, The Commission will have to rely on the facts that have been presented and if they believe that the facts lean toward suggesting that there was good faith detrimental reliance then consider revising the Condition. If they feel that there was not sufficient evidence to support the fact that there was good faith detrimental reliance on the part of Mr. Hagan, then they would want to lean towards not amending the Condition of Approval or denying the applicant's request. In addition to the detrimental reliance discussion that they have had thus far, the code does require and is extremely explicit in the standards that are required for sewer connections." Chairman O'Neal reminded the applicant that should this be denied; the appeal process would be taken directly to City Council where he would have another hearing. PAGE 8 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Director of Community Development Preisendanz added that at the time that the permit was issued, his understanding is that although Building and Safety had reviewed the plans, his understanding from Planning Staff is that Planning had not known about the change between the sewer connection and the private septic system. Therefore, he clarified on record with the Commission that when the plans were signed of by the Planning Division, they were not aware that there was a change and that there would be an issue. Chairman O'Neal asked Director of Community Development Preisendanz who does fill out the permits. Director of Community Development Preisendanz stated that there are three (3) counter technicians that take in the requests from the applicants and take in the fixture counts. The fixture counts were the counts that were logged into the computer system based on the request from the applicant. When the building plans are submitted they are routed around to all the Divisions for clearance for Building Permit and Planning was not aware that this was going to be a change at the time. Chairman O'Neal clarified with Director of Community Development Preisendanz that Planning never reviews Building Permits after they are issued. Director of Community Development Preisendanz said that is correct. Jim Davis of Tarbell Realtors said is working with Mr. Hagan on the subject properties. He stated that it is his belief that the City Officials at the counter should know what they are doing, as they are the experts. It is not the applicant's responsibility to know this. He believes that the applicant clearly had good faith in his actions. Director of Community Development Preisendanz stated that the Building Plans that were issued the septic systems which are normally on the site plans were not on the plans that were issued but the septic was added later. The fixture count for the private septic system was added as an option and Mr. Hagan had desired at some point to change, and asked Mr. Hagan to clarify this. Mr. Hagan said he has done six (6) houses in the area with septic systems, and none of the six (6) houses show the septic layout on the site plan, there is a separate sheet that has the septic layout that is issued by the Health Department so when you go to the Health Department with your engineering work, it has a site plan on it and is attached to the Building Permits. He stated that the six (6) houses that did have septics were approved and sold did not have a site plan showing septic. Chairman O'Neal asked Mr. Hagan that when he received the permit, did he also submit plans for the septic at that time. Mr. Hagan stated that a separate permit is issued by the Health Department. PAGE 9 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Commissioner Flores asked Mr. Hagan about the two (2) existing homes that are within a six (6) month period of construction, why aze they on septic, and how far are they away from his property? Mr. Hagan stated that one (1) of the properties is right next door and the other property is one hundred (100) feet away. Commissioner Flores asked Director of Community Development Preisendanz why these two (2) homes were not required for sewer hook up. Director of Community Development Preisendanz stated that Mr. Hagan mentioned those two (2) homes to him at the counter that day, and he didn't have the chance to fmd out who the Planner was. It was a Minor Design Review for two(2) single family homes, and he wanted to review the Conditions to see exactly what happened but his interpretation was that it should have been Conditioned to tie into sewer but was not, it was allowed to go septic in this particulaz case. Commissioner Flores asked Deputy City Attorney Santana to clazify the "good faith" statement she made eazlier per Chairman O'Neal's request. Attorney Santana clarified that if the Commission believes that there is sufficient evidence of good faith detrimental reliance, then they could recommend to the City Council that the City Council modify the Condition. Commissioner Flores stated that Mr. Hagan continually came to the front desk and applied for these permits in good faith, and he does have an issue. There was a mistake made by the technician at the counter and after hearing the good faith statement by Council, he would like to give the applicant the benefit of the doubt, therefore, he changed his vote in favor of the applicant. Commissioner Mendoza asked if it is "good faith" knowing that you are violating your Conditions of Approval and requesting something you are not approved to get. Commissioner Flores stated that he is going to follow the directives that Deputy City Attorney Santana provided and follow the law. After hearing this statement, he is going to give the applicant the benefit of the doubt. Chairman O'Neal added that it is now an issue of "good faith" and what one considers to be good faith. If anyone in the Commission does not find this to be in "good faith" then he asked the Commission to vote to deny it. If they believe that there may be some credibility in what Mr. Hagan is requesting, then vote in favor of the applicant. He continued to state that although Mr. Hagan knew about Condition Number 11 in the Conditions of Approval, the fact is that he did go to the counter and explained to the technicians that going to sewer was too expensive, and that he could not afford this, as such, the permit got signed off in error at a cost of approximately $300,000, therefore, Chairman O'Neal voted in favor of Mr. Hagan. PAGE 10 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Michael O'Neal closed the Public Hearing closed at 7:00 pm. MOVED BY FLORES, SECONDED BY GONZALES, AND PASSED BY A VOTE OF 3-2 TO MODIFY CONDITION NUMBER 11 IN THE CONDITIONS OF APPROVAL TO HAVE THE SEPTIC SYSTEM REMAIN AS IS AND APPROVE AN AMENDMENT TO RESIDENTIAL DESIGN REVIEW N0.2004-20. Chairman O'Neal asked if there was any discussion on the Item. Commissioner Zanelli stated that if he were a developer, and had any doubts at all before spending $120,000 that may in fact be wasted money, he would have met with the Planning Commission to review this. This was a very expensive error in judgment which may or may not work out for the applicant. He said he wouldn't have done that himself and it's a gamble. He believes the days of septic systems in the City are going to come to an end soon. He said there is a problem with procedures regarding permits. The Planning and Building Divisions need to coordinate with each other so that we don't have these issues in the future with any other developers, or citizens of the City. 5. Parkside Terrace Commissioner O'Neal opened the Public Hearing at 7:07 pm. Staff requested a continuance of this Item. Tom Fleming, 34294 Chaparosa Drive, had a question about the Specific Plan for this project and asked if it was going to be amended. If so, can the Director of Community Development make that determination of this minor change on his own and wanted further information about this. Chairman O'Neal told Mr. Fleming that this Item would be continued to the next Planning Commission meeting due to some changes. Director of Community Development Preisendanz stated that the request for continuance is coming from Rick Engineering who represents Pardee Homes, however, the Specific Plan Amendment is there because he could not make the change, administratively. Staff has prepared an extensive environmental document to accommodate this change. Planning Consultant Coury stated that the Specific Plan Amendment also resulted because four (4) planning areas would be affected. Planning Area No. 36 would take over the entire area near the corner of Canyon Hills Road and Hillside and two (2) planning areas would be flip flopped partially to accommodate the school district. He stated that the intent is that Canyon Hills Specific Plan was approved for an ultimate number of units, as long as there is not a change to that number. It is at the discretion of PAGE 11 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 the Director to be able to modify those planning areas, such as changing a planning area to accommodate a school district, or a park. Commissioner Mendoza asked Planning Consultant Coury if a Condition could be added to the Conditions of Approval to state "No construction, through traffic" at the entrance of Lost Road. Planning Consultant Coury said there is a Condition that states "Construction traffic shall not use Lost Road". Director of Community Development Preisendanz said they can discuss the possibility of putting that sign up. Chairman O'Neal closed the Public Hearing closed at 7:12 pm. MOVED BY MENDOZA, SECONDED BY FLORES AND PASSED BY A VOTE OF 5-0 TO CONTINUE PARKSIDE TERRACE TO MARCH 20, 2007, PLANNING COMMISSION MEETING. 6. Tentative Tract Map No. 33140 Chairman O'Neal stated that there was a request from Commissioner Zanelli to recuse himself. However, Commissioner Zanelli would like to speak on this Item an an interested property owner/neighbor and would be sitting in the audience. Deputy City Attorney told Commissioner Zanelli that he had to state why is was recusing himself, for the record. Commissioner Zanelli requested a recussal from this item because lives next to the project and does not want to encounter a conflict of interest. He said he would sit in the audience because he wishes to speak as an interested property owner/neighbor. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Court' to review it with the Commission and answer any questions. Planning Consultant Coury provided an overview of the project. He stated that the proposed subdivision has been deemed to be consistent with the development standards of the R-1 single family residential district. He referred to a letter regarding the project that he received dated March 5, 2007, which the Planning Commission had before them, identifying concerns relating to the project. In addition, he believed there was an email dated March 5, 2007, from Pechanga, requesting modification to the mitigation measures within the cultural resources section of the Mitigated Negative Declaration which he read to the Commission. Commissioner O'Neal opened the Public Hearing at 7:20 pm. PAGE 12 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 The applicant, Kamyar Lashgazi, stated that they have done several environmental studies to address all the mitigations that the staff had concerns with. They concur with staffls recommendations and the Conditions of Approval. On Condition No. 32, he stated they accept to install the traffic signal on the corner of Grand and Macy, however, there is a reimbursement allowed towazd the installation of the signal and is requesting the Condition to be reworded to include that. Public Works Director Seumalo stated he would like to add the statement to the Condition, "TIF credits shall be applied as appropriate." Mr. Lashgari said he had no other problems with any recently added or amended Conditions. Axel Zanelli, 33445 Walhum Place, stated that he has concerns regarding the removal of the 204,000 cubic yards of material. His concern is regarding the route that the trucks will take removing this material and if it was it at all possible to have them access the site through SR-74 as opposed to driving through Macy. He further stated, if not, is it possible to have; a light installed prior to the grading and the traffic generated by these trucks and that the traffic periods could be scheduled around the school bus pick up and drop off times on and azound Macy. He also added that because of the nature of the terrain there and it being in a high fire hazard azea, if part of the Conditions of Approval, upon approval of the project could include onsite fire protection in terms of a water tank or hoses. He also requestsed they include dust mitigation for that project as they begin grading. The applicant stated that they do not have a problem with the traffic signal being installed prior to grading activity to control the traffic on Macy more effectively. In terms of the traffic hours he said it is quite reasonable to limit the traffic of the trucks to certain time periods that would not coincide with the peak hour in the morning. He further added that they will abide by the fixed hours for the truck traffic. In reference to the fire protection, they have been in contact with the Fire Department from the beginning of this project and they will be involved in every step along the way. He concluded by stating that it is his understanding that prior to actual construction of any framing work, beyond foundation work, the fire hydrants would be installed and operational. Chairman O'Neal asked Commissioner Zanelli if this did address his concerns. Commissioner Zanelli stated as far as the traffic for grading areas, if something can be worked out with Cal-Trans to have them access this project through SR74 which would alleviate the safety issues in the residential area. Regarding fire protection, he suggested a pumper truck be on site in case there is a brush fire. He stated that the nearest Fire Station is three (3) or four (4) miles away. Public Works Director Seumalo stated regarding constructability, he appreciates Commissioner Zanelli's insight as to the alternate route as well as the limited times. A PAGE 13 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Condition can be placed on the project to approach Cal-Trans and apply for an Encroachment Permit for access, he said he believes it is restricted access in that area, and that is completely up to Cal-Trans. He also stated that the City requires the applicant to seek out Cal-Trans approval and staff can assist with that. With respect to the grading limits of time, he added the following Condition, "Grading fimes for import/export shall be limited to avoid school pick-up, drop off times or between the hours of 7:30 am - 4:00 pm, depending on the school year. Commissioner O'Neal closed the Public Heazing at 7:30 pm. Commissioner Flores stated to Mr. Lashgari that he looked at the project site and is glad he is bringing new development and jobs to the City. He did have concerns about the fire flow issue but he is sure that he will have the appropriate water supply. He does like project and the design and asked the applicant if he would be addressing the referenced letter that was provided to the Commission? The applicant stated he does not recall the specifics of his agreement with the lady who wrote the letter, however, they did purchase a property from her at a substantial price in order to respond to a concern that the Fire Department required a secondary access. He further stated that it is a Condition of the staff to put in the road and it will be put in. As far as the other specifics of it, it is a private agreement between him and the property owner. Commissioner Flores thanked the applicant for being ih favor of the installation of the signal prior to the beginning of the construction. Commissioner Mendoza had no additional questions and said he thinks the development will be very nice once it is completed. Vice Chair Gonzales clarified that approximately 204,000 cubic yards will be removed from the site, and asked how many truck loads that will be. The applicant states that a truck and trailer carries somewhere azound fourteen (14) or fifteen (15) yards each. Vice Chair Gonzales asked where the dirt will be taken. The applicant stated that at this time they don't have a destination. Depending on when the actual permits are issued, they believe that there is a good demand for dirt, considering the topography of the City. He cannot give a final destination of where the dirt will be going because grading dump sites change on a weekly and monthly basis. Vice Chair Gonzales asked about Condition Number 38, assuming Cal-Trans denies access to Highway 74; he asked the applicant if they plan on widening Macy Street. PAGE 14 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 The applicant stated that it will be their obligation to do full improvements to the limit of the existing pavement, which is approximately five hundred (500) linear feet from there to the property. During the grading period there will be heavy traffic with diesel trucks. In addressing the issues on the export from the site, Public Works Director Seumalo stated that the Grading Permit will not be issued until they know where the export material will be going and that it would be required to go to an approved site if it is within the City limits and if it outside the City limits, they don't have a requirement to know where it is going but will monitor where they will go. As faz as the traffic is concerned, the idea of coming off of SR74 presents an interesting opportunity to have a grading circulation. He suggests having trucks coming on to the site off of SR74 and going off of the site, to go down Macy, thereby eliminating conflicts with the narrow roads down Macy. However, it is ultimately aCal-Trans approval decision. In the case that Cal-Trans refuses, he suggests having traffic control for the trucks. Vice Chair Gonzales commented to the applicant that he doesn't want to see "big boxes" for homes being built and would really like to see some nice design. The applicant stated that these lots aze premium lots and more than 50% of them have views to the lake and the valley, and he is sure that they are not going to be homes that are boxy. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 2007-36, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 33140 IS CONSISTANT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. MOVED BY MENDOZA, SECONDED BY GONZALES, AND PASSED BY A VOTE OF 5-0 TO APPOVE WITH CHANGES RESOLUTION NO. 2007-37, INCLUDING THE ADDITIONAL MITIGATIONS REGARDING THE INDIAN TRIBE MITIGATION, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECALARATION NO. 2005- 10. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE PAGE 15 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 RESOLUTION NO. 2007-38, WITH THE AMENDED CONDITIONS OF APPROVAL, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 33140 WHICH SUBDIVIDES 72 ACRES OF LAND IN THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT INTO 106 INDIVIDUAL LOTS. 7. Conditional Use Permit No. 206-O1, Commercial Design Review N. 2006-O1 & Uniform Sign Program No. 2007-O1 "Lakeshore Plaza Shopping Center Chairman O'Neal opened the Public Hearing at 7:50 am. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Senior Planner Harris to review it with the Commission and answer any questions. Project Planner Harris provided an overview of the project. Applicant Greg Lukcosky with Peninsula Retail Partners, the owner of the Shopping Center, agrees with the Conditions of Approval. Chairman O'Neal closes the Public Hearing at 7:55 pm. PLANNING COMMISSION COMMENTS Vice Chair Gonzales asked the applicant if he agreed with the Conditions that the Sherriff requested. Applicant stated that he does agree. Vice Chair asked about the plans for the other building? The applicant said that it will be a retail building and no tenants occupy it yet. Commissioner Mendoza had no questions, and stated that it would be a fine addition to the community. Commissioner Flores had no additional questions and thanked the applicant for complying with Police Chief Fetherolf. Commissioner Zanelli thanked the applicant for working with the staff and modifying the design, and had no additional questions. PAGE 16 -PLANNING COMIVIISSION MINUTES -MARCH 6, 2007 MOVED BY MENDOZA SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION 2007-39, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-O1, FOR THE ESTABLISIIMENT OF A RITE-AID PHARMACY DRIVE-THRU FACILITY AND THE SALE OF OFF PREMISES BEER AND WINE, TO BE LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND MACHADO STREET. MOVED BY ZANELLI SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0 TO APPROVE RESOLUTION 2007-40, 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 COMERCTAi, DESIGN REVIEW NO. 2006-O1 FOR THE LAKESHORE PLAZA SHOPPING CENTER COMPLEX. MOVED BY MENDOZA, SECONDED BY FLORES AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-41 A RESOULUTION OF PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM NO. 2007-O1 FOR THE COMMERCIAL SHOPPING CENTER KNOWN AS LAKESHORE PLAZA. 8. Conditional Use Permit No. 2007-05, and Commercial Design review No. 2007-05, "Cingular Wireless Monopalm Cellular Tower Facility" Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Senior Planner Harris to review it with the Commission and answer any questions Senior Planner Harris provided an overview of the project. Chairman O'Neal opened the Public Hearing at 8:04 pm. Applicant, Ryan Shields, who resides at 867 East Front Street, Ventura CA, is representing the applicant which is the former Cingular, the new AT&T Wireless. He said he agrees with the Conditions of Approval. PAGE 17 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Leonard Leichnitz of Lumos Communities, 30713 Riverside Drive, Lake Elsinore, said for those who were on the Planning Commission approximately one a half (1 %) years ago, this Commission approved approximately a nine (9) acre project which is almost adjacent to this antenna and his future residential development. There have been issues on getting sewer, and the Commission will be hearing from him again at the next Planning Commission meeting where he is going to amend his Mitigated Negative Declaration slightly to allow the Resolution for the sewer issue. He stated that his concern is about the future General Plan street connection between Auto Center Drive and Pottery. He is concerned that between construction of this project and other antennas that are there, and a thirty (30) foot Southern California Edison easement and other activity. He also wanted to make sure that once this project goes forward they don't run into a problem in a few years where they realize the major connection cannot happen anymore. He is glad to hear it was addressed and hopes it has been thought out well because it is very important to the future of this City. Public Works Director stated that Jerry Foroutan in the Engineering Division Conditioned the project and they both worked closely with the applicant to ensure that the preservation of that right of way remained. The projection of the right of way will require the relocation of the existing monopole with antennas, however, the proposed site seems to be well out of the way and they did address the driveways. He said they have to extend to the existing Franklin and that it would be modified to accommodate the proposed Pottery alignment. He continued to say that he and Jerry Foroutan felt comfortable with the Conditions and the project as proposed. Also, regarding Condition Number 34, it is not necessarily a Condition but more of a reminder that in the future when Pottery is extended the additional right of way will be required. Chairman O'Neal closed the Public Hearing at 8:11 pm. PLANNING COMMISSION COMMENTS Commissioner Zanelli had no questions Commissioner Flores asked the applicant how far is the nearest water line? Kevin Raymond, who works with Ryan Shields, said he called the water company to find out exactly how far the nearest water line was and he showed the Commission a diagram illustrating the distance. Vice Chair Gonzales had no questions. Commissioner Mendoza had no questions. MOVED BY MENDOZA SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-42, A RESOLUTION OF THE PAGE 18 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTANT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. MOVED BY GONZALES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-43, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT N0.2007-05. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0 FOR APPROVAL OF A RESOLUTION N0.2007-44, 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 COMMERCIAL DESIGN REVIEW NO. 2007-05. 9. Commercial Desien Review No. 2006-14; A request to install a soil and groundwater remediation system within a block wall enclosure at an existine service station. Director of Community Development Preisendanz provided a brief overview of the project and requested Planning Manager Weiner to review it with the Commission and answer any questions Planning Manager Weiner provided an overview of the project. The applicant was not in attendance but the owner was present. Property Owner Seyed Sadeghi, 515 N. Main Street, had no comments on the issue. PLANNING COMMISSION COMMENTS Vice Chair Gonzales had no comments. Commissioner Mendoza had no comments. Commissioner Flores had no comments. Commissioner Zanelli asked if the fuel tanks currently in the ground are the newer double-walled and monitored systems. PAGE 19 -PLANNING CONIMISSION MINUTES -MARCH 6, 2007 Mr. Sadeghi said yes they are. MOVED BY FLORES, SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 5-0 FOR APPROVAL OF A RESOLUTION NO. 2007-45, 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 COMMERCIAL DESIGN REVIEW NO. 2006-14. 10. Conditional Use Permit No. 2006-11; Commercial Design Review No. 2006- 08; and amended Uniform Sign Program No. 2006-02 for a proposed McDonald's Restaurant located at 18283 Collier Avenue (APN: 277-120- 043) Director of Community Development Preisendanz provided a brief overview of the project and requested Associate Planner Carlson to review it with the Commission and answer any questions. Associate Planner Carlson provided an overview of the project. Duector of Public Works Seumalo said in discussion with the applicant, staff would like to replace Condition Number 86 to read "Developer shall pay $5,638.00 for the installation of temporary channalizers along the median and Collier Avenue, adjacent to the project entrance". He also wanted to confirm with the applicant of the timing of this payment. Neal Casper, with Casper Development Resources, 6405 Lake Kathleen, San Diego California, also representing McDonald's. He stated they have worked hard with staff to bring together a well designed project and reviewed the Conditions of Approval are in support of them. Chairman O'Neal opens the Public Hearing at 8:14 pm. Chairman O'Neal asked the applicant if he agreed with Condition Number 86 with the amount of $5,638.00. The applicant agreed and also agreed to coordinate with Public Works Director Seumalo to come to a conclusion as to when the fee is to be paid. PLANNING COMMISSION COMMENTS Chairman O'Neal had no comments. PAGE 20 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 Commissioner Mendoza had no questions. Commissioner Flores had no questions. Commissioner Zanelli asked the applicant what the timeline is for an estimated opening. The applicant said October of this year Vice Chair Gonzales had no questions. Chairman O'Neal closed the Public Hearing at 8:31 pm. MOVED BY MENDOZA, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-46, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMENDING THAT THE CITY COUNCIL ADOPT FINDING OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE MCDONALD'S RESTAURANT LOCATED AT 18283 COLLIER AVE. - MOVED BY GONZALES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO 2007-47, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT N0.2006-11. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-48, A RESOLUTION OF THE PLANNING COMMSSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-08 WITH THE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0 TO APPROVE A RESOLUTION NO. 2007-49, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE PAGE 21 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 ELSINORE, CALIFORNIA APPROVING AMENDED iINIFORM SIGN PROGRAM N0.2006-02. STAFF COMMENTS Public Works Director Seumalo said he has three (3) projects to report on I-15 Railroad Canyon Road project should be completed shortly and for the Commission's information, staff has received several requests to redesign the striping for the left turn pockets on the north and south bound directions. Staff tried to work with Cal-Trans to have it re-striped so that there is one long left turn lane instead of dual left turn lanes which are beyond capacity, encroach into the through lanes but Cal-Trans denied that request leading to them now experiencing conflicts with the through traffic, therefore, the Traffic Engineer suggested handing out the public relations phone number for Cal-Trans and this seemed to have had a positive effect because Cal Trans is now interested in re-striping those lanes. The Grand and Ortega intersection project is delayed. There was miscommunication between Cal-Trans, the project contractor and the City regazding some traffic control requirements and clean water provisions. The Lakeshore Drive street lights are being installed and going up at approximately the rate of one (1) every three (3) days. Also, a detour will be installed for the north bound Lakeshore Drive as trenching will be under construction tomorrow. Senior Planner Harris had no comments. Associate Planner Carlson had no comments. Planning Manager Weiner thanked Senior Planner Hams, and Associate Planner Carlson for their hard work on the two commercial projects. Director of Community Development Preisendanz thanked the Planners for their hard work. PLANNING COMMISSION COMMENTS Commissioner Zanelli said good night Commissioner Flores noted that Walnut Street needs a temporazy patch and is a safety issue. He thanked Deputy City Attorney Santana for her additional knowledge and the impact it had on him making the correct decision. Commission Mendoza stated that he didn't think he made a bad judgment call, and believes that it is open to interpretation. He thinks contractors should be held accountable for their Conditions of Approval. PAGE 22 -PLANNING COMNIISSION MINUTES -MARCH 6, 2007 Vice Chair Gonzales stated that he would like to see some new styles of houses. Commissioner Zanelli reiterated that there needs to be better communication between Planning and Building regarding permits issued so that the same issues do not arise. Chairman O'Neal states that he had a meeting today with the Little Water District and they suggested having a Study Session with the Planning Commission and discuss issues relating to Country Club Heights in terms of water pressures in that azea. He is also suggesting that the staff contact the "Little" Water District and make arrangements for a Study. Commissioner Zanelli thought it is a wonderful idea. He added that he and Director of Community Development Preisendanz met with the "Little" Water District a few months ago and asked them for maps of what the current system was and they were unable to provide that because they didn't even know what they had. He also asked them what their maintenance was and they stated that they do not have one. Chairman O'Neal stated that he thought it was a good idea so that for all of the Commissioners would have an opportunity to ask whatever questions they wanted to ask because everyone has different kind of relationship with the Water Company, with the exception of Commissioner Mendoza. Commission Zanelli would like to meet with EVMWD and see what their current status is and what their plans are in order to understand their situation. Commissioner Flores added, regarding the scheduled Study Session, that it should also include not only the representative but also the Boazd of Directors and requests that they be available at the meeting. Commissioner Zanelli said they did provide them with a list of their fire hydrants, by address and by their own records many of the hydrants have not been tested in over ten (10) years and many do not meet the required water flow standards. He also requests a fire professional to attend. Director of Community Development Preisendanz stated that the Study Session would be on Tuesday at 4:00 - 5:30 pm. Chairman O'Neal apologizes for the amount of time the meeting took regarding Item Number 4 and it was difficult for him to not follow the recommendation that the staff suggested. He said he chose to believe that the Mr. Hagan was honest and direct. However, he agrees with Commissioner Mendoza that Conditions aze something to negotiate. PAGE 23 -PLANNING COMMISSION MINUTES -MARCH 6, 2007 ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN O'NEAL ADJOURNED THE MEETING AT 8:54 pm. Respectfully Submitted, Kris Herrington Office Specialist III ATTEST: Rolfe Preisendanz, Director of Community Development