HomeMy WebLinkAbout08-07-2007 NAHMINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY. AUGUST 7, 2007
CALL TO ORDER:
Chairman O'Neal called the regular Planning Commission meeting to order at
6:03 pm.
PLEDGE OF ALLEGIANCE:
Planning Manager Weiner 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, Planning Consultant Miller, Senior Planner Harris,
Planning Consultant Coury, and Office Specialist Herrington.
PUBLIC COMMENTS (Non-Agenda Items)
There was one (1) request to speak.
Hector Zubieta, 253 E. Peck Street, Lake Elsinore, stated that the City's Design
Review process is lengthy and requested a faster review.
CONSENT CALENDAR ITEMS
Chairman O'Neal pulled Item Numbers 2, 3, 4, 5, 6, and 7.
1. Minutes
Regular Planning Commission Meeting Minutes for February 20, 2007.
AGENDAITEM
PAGE 1 OF 18
PAGE 2 -PLANNING COMMISSION MINUTES -AUGUST 7. 2007
MOVED BY ZANELLI, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
MEETING MINUTES FOR FEBRUARY 20, 2007.
4. Minor Design Review of aSingle-Family Residence located
at 319 Mohr Street (APN: 374-091-007).
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.
Vice Chair Gonzales asked the applicant what he is planning on doing about the
landscaping because of the drought and requested that he use the least amount
of grass as possible.
The applicant stated that the project was not designed that way but he has no
problem making the change and using less grass.
Chairman O'Neal stated to the applicant that if he decides to do drought tolerant
landscaping that he needs to check with staff to make sure it is compatible with
the City' requirements.
Applicant, Vince Gibbons, Northstar Development, 1981 Marlborough Ave.,
Riverside, read and agreed with the Conditions of Approval.
MOVED BY GONZALES, SECONDED BY
MENDOZA AND PASSED BY A VOTE OF 5-0, TO
APPROVE RESOLUTION NO. 2007-137, A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A MINOR DESIGN REVIEW FOR A
TWO-STORY SINGLE-FAMILY DWELLING UNIT
LOCATED AT 319 MOHR STREET.
5. Minor Design Review of aSingle-Family Residence located
on Gunder Avenue (APN's: 378-192-028 & 029)
Applicant, Hector Zubieta, 253 E. Peck Street, Lake Elsinore, stated that he was
representing the owner, Jeff Howie, and stated that Mr. Howie read and agreed
with the Conditions of Approval. Mr. Zubieta also indicated that he agrees with
water conservation for his projects.
MOVED BY GONZALES, SECONDED BY
MENDOZA AND PASSED BY A VOTE OF 5-0, TO
AGENDAITEM
PAGE 2 OF 18
PAGE 3 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
APPROVE RESOLUTION NO. 2007-138, A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A MINOR DESIGN REVIEW FOR A
TWO-STORY SINGLE-FAMILY DWELLING UNIT
LOCATED ON GUNDER AVENUE.
PLANNING COMMISSION COMMENTS
Commissioner Zanelli indicated that he was concerned about the drainage issues
that run on to the property which is behind the proposed project and would like
this addressed.
Mr. Zubieta stated that he submitted a preliminary grading and drainage plan and
also stated that engineering approved that design. The chain link fence will be
removed and a wood fence will be installed, and also a change to Condition No.
51 regarding the fire hydrant.
Commissioner Zanelli asked Mr. Zubieta what will happen to the chain link fence
that is currently there, and stated that the closest fire hydrant is 725 feet, and the
requirement is different.
Mr. Zubieta said that the chain link fence would be removed and a wood fence
would be installed, he also stated that there is a requirement to extend the fire
hydrant.
Commissioner Zanelli stated that it is unfortunate that the Water District isn't
providing adequate water service to the homes that are in that area and the fact
that the Water District is making the developer responsible for paying the bill.
Associate Planner Resendiz read the change to Condition No. 51 of the
Conditions of Approval regarding the fire hydrant.
Mr. Zubieta, representing the owner, stated that he agreed with the change to
Condition No. 51 of the Conditions of Approval.
Commissioner Flores asked Mr. Zubieta if the percolation failed the first time
Mr. Zubieta stated that they hired a septic company and the septic designer put
the leech lines on the easement which was not supposed to be done and that is
why they ended up with a two story home to give the septic design a larger area.
Commissioner Flores stated that Condition No. 49 regarding sewer
arrangements should have been excluded.
Commissioner Mendoza had no comments
AGENDAITEM
PAGE 3 OF 18
PAGE 4 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Vice Chair Gonzales had no comments.
Chairman O'Neal had no comments.
6. Minor Design Review of asingle-family dwelling unit located at 16290
Gunnerson Street (APN: 378-304-002)
Applicant/Owner, Miguel Hernandez, 17690 McKay Avenue, Lake Elsinore, read
agreed with the Conditions of Approval.
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Consultant Coury to review it with
the Commission and answer questions.
Planning Consultant Coury provided an overview of the project.
PLANNING COMMISSION COMMENTS
Vice Chair Gonzales requested that the applicant use drought resistant
landscaping and also asked if the chain link that is on both sides of the property
in good condition.
Mr. Hernandez stated that he would modify the Conditions of Approval to include
drought resistant landscaping and indicated that he would replace the chain link.
fence that surrounds the property with a wood fence.
Commissioner Flores had no comments.
Commissioner Mendoza had no comments.
Commissioner Zanelli had no comments.
Chairman O'Neal had no comments.
MOVED BY ZANELLI, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-139, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A
MINOR DESIGN REVIEW FOR A TWO-STORY
CONVENTIONALLY BUILT SNGLE-FAMILY
DWELLING UNIT.
AGENDAITEM
PAGE 4 OF 18
PAGE 5 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
7. Request to waive or modify a Condition of Approval for the Minor
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Consultant Miller to review it with
the Commission and answer questions.
Planning Consultant Miller provided an overview of the project and
requested denial of the request to waive or modify Condition No. 10.
Chairman O'Neal asked the applicant, Mr. Mishkanian if he wanted to add
anything to what was discussed regarding his project.
Mr. Mishkanian stated that initially what was on the approval was composition
roofing and he didn't know that there were two (2) different kinds.
Chairman O'Neal asked Mr. Mishkanian what kind of the was put on the plans
that he had submitted to the City in 2006.
Mr. Mishkanian indicated that it was shake composition.
Chairman O'Neal then asked Mr. Mishkanian if the drawing that he did reflect
shake composition.
Mr. Mishkanian indicated that the architect did those drawings.
Chairman O'Neal stated that the drawing that he saw did not represent the roof
that is now on the manufactured home.
Mr. Mishkanian stated that it was composition shingle.
Chairman O'Neal stated that shake is different than tile.
Mr. Mishkanian stated that he did not know the difference between the two (2)
kinds.
PLANNING COMMISSION COMMENTS
Commissioner Zanelli stated that there should have been consistency with the
original Conditions of Approval and indicated that he supported staffs
recommendation of holding the applicant to the original Conditions of Approval.
Mr. Mishkanian stated again that he didn't know that here were two (2) different
kinds.
AGENDAITEM
PAGE 5 OF 18
PAGE 6 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Commissioner Flores said that Mr. Mishkanian did an outstanding job with the
construction of the project but he indicated that he could not waive or modify his
request and has fifteen (15) days to appeal the Commission's decision, and
proceed to City Council.
Commissioner Mendoza said he agreed with his fellow Commissioners and
supports staffs recommendation of denial.
Vice Chair Gonzales agreed with his fellow Commissioners and supports staffs
recommendation of denial of the project.
Chairman O'Neal stated that in June 2006, Mr. Mishkanian signed Conditions of
Approval, including Condition No. 10 regarding the roofing materials and this
Condition needs to be adhered to and he recommended denial.
MOVED BY MENDOZA, SECONDED BY ZANELLI,
AND PASSED BY A VOTE OF 5-0 TO DENY A
REQUEST TO WAIVE OR MODIFY A CONDITION OF
APPROVAL FOR THE MINOR DESIGN REVIEW OF
TWO (2) SINGLE FAMILY RESIDENCES LOCATED AT
316 & 318 TOWNSEND STREET.
PUBLIC HEARING ITEMS
8. Residential Design Review No. 2007-01
Chairman O'Neal opened the Public Hearing at 6:55 pm.
Director of Community Development Preisendanz requested to the Commission
that this Item be continued to an off calendar date in order to work out
architectural design issues.
Chairman O'Neal closed the Public Hearing at 6:56 pm.
Deputy City Attorney noted that a continuance of this project off calendar would
require staff to re-notice the. Public Hearing once it's ready to come before the
Planning Commission again.
MOVED BY GONZALES, SECONDED BY ZANELLI,
AND PASSED BY A VOTE OF 5-0 TO CONTINUE
RESIDENTIAL DESIGN REVIEW NO. 2007-01 OFF
CALENDAR.
9. Conditional Use Permit No. 2007-11; and Commercial Design Review
Aln 9l1fl7_9~~ fnr ~ nrnnncnrl ~~c hnl P~ Dn#oiI QniliJinn ~nr# F~c# fnnr!
(APN: 377-060-016).
AGENDAITEM
PAGE 6 OF 18
PAGE 7 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Chairman O'Neal opened the Public Hearing at 6:57 pm
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Consultant Coury to review it with
the Commission and answer questions.
Planning Consultant Coury provided an overview of the project and stated that
staff is in support of the project, subject to the Conditions of Approval, and noted
that the applicant objected to Condition Numbers 9 & 10 in addition to other
Conditions that they would like to raise to the Commission for discussion.
REQUESTS TO SPEAK
Applicant, Mark Raber, Tarlos and Associates/United Growth (Developer), 17802
Mitchell North, Irvine, stated that he also had the Representative of United
Growth who wanted to address the Commission.
Chairman O'Neal closed the Public Hearing at 7:02 pm
PLANNING COMMISSION COMMENTS
Commissioner Flores asked Planning Consultant Coury to explain Condition
Numbers 9 & 10 regarding extending the building entrances and also requested
reference to the low screen wall with decor located along the drive-thru entrance.
Planning Consultant Coury explained Condition Numbers 9 & 10.
Carlos Parrague of United Growth, Partner in the ownership of the project, 120
Howard Street, San Francisco, stated that they are willing to work with staff to
address Conditions Numbers 9 & 10.
Commissioner Flores recommended the proposed project to move forward to
City Council.
Commissioner Mendoza asked Mr. Parrague about Condition No. 29 regarding
the trash enclosures.
Mr. Paraguay stated that it would not be a problem to meet the City's standards
but their tenant requested that they make the trash enclosure bigger which meant
that they would lose one (1) parking stall.
Commissioner Mendoza stated that since there is a lot of construction activity on
the weekends to please adhere to the construction hours, particularly on the
weekends.
AGENDAITEM
PAGE 7 OF 18
PAGE 8 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Mr. Parrague requested clarification on Condition No. 76 regarding paying of a
fair share for the median improvements.
Public Works Director Seumalo stated that he would give Mr. Parrague
clarification on the cost of this.
Vice Chair Gonzales had no comments.
Commissioner Zanelli stated that he had no concerns as long as the applicant
and staff could negotiate the edge wall.
Chairman O'Neal stated that he doesn't see a problem with the Commission
approving the project as long as Mr. Parrague and the staff are able to negotiate
specific Conditions of Approval discussed.
MOVED BY FLORES, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-140, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT FINDINGS
THAT THE PROJECT IS CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION
PLAN (MSHCP).
MOVED BY FLORES, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-141, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007-11.
MOVED BY FLORES, SECONDED BY GONZALES
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-142, 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. 2007-11.
10.
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 questions.
AGENDAITEM
PAGE 8 OF 18
PAGE 9 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Senior Planner Harris provided an overview of the project
Public Works Director Seumalo indicated that the City owns this property and
Engineering needs to work with the applicant to ensure that the spaces and the
drive isles are set back at an appropriate distance to accommodate the road
widening.
The applicant, Fred Rice, 125 Refugio Road, Santa Ynez, California, 93460,
stated that he is one of the general partners of the project and one of the key
designers of the development and read and agreed to the Conditions of
Approval.
Commissioner Mendoza stated that this project is a welcomed sight and it is first
class.
Vice Chair Gonzales confirmed with Pat Kilroy, Aquatic Resources Department
that the second phase of the project would have a 100,000 square foot area
campsite for tents and asked Mr. Kilroy if there would be a beach area for the
public.
Director of Lake & Aquatic Resources, Kilroy said that once the Boat Launch
Facility project is completed the beach will be re-opened and there will be a
considerable amount of beach area in front of the RV Campground.
Vice Chair Gonzales noted that the Historic Building is in horrible condition and
asked Director of Lake & Aquatic Resources Kilroy if it has been checked for
asbestos.
Director of Lake & Aquatic Resources Kilroy stated that the building has not been
checked for asbestos and indicated that the existing building will be rehabilited
and brought to Council to determine if there is a significant local historical value.
Vice Chair indicated that other than those questions, he liked the project.
Commissioner Zanelli asked if the utilities that are currently in the ground need to
be removed, and also inquired about the RV Park's amenities.
The applicant stated that all of the wiring that is underground will all be removed
and there will be new sewer lines with full hook-ups.
Commissioner Zanelli said it's going to be a great place.
Commissioner Flores saw the campground and said he was very impressed
because of the existing trees that are still there, although he said that he was
disappointed with the area's landscaping but said that this will all be taken care of
in the future. He said that he had some concerns about the safety of the
patrons/residents that would be visiting the establishment. He suggested that the
AGENDA ITEM
PAGE 9 OF 18
PAGE 10 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
historical abandoned house located within Phase I should include improvements
of various building colors to enhance and offset the surrounding elements of the
proposed facilities.
Commissioner Flores asked the applicant to comment on the proposed domestic
irrigation and reclamation water supply throughout the proposed project.
The applicant stated that they are working with the Sanitation District and the
Water District to provide irrigation for reclaimed water throughout the project to
help with the environment and they are not sure when they will have the water
available but there are two (2) wells on the property which they will use and it will
be separate from the domestic water.
Commissioner Flores said he had deep concerns about the reclamation water
distribution regarding the water supply and asked the applicant to explain the
connection point for this supply.
The applicant stated that the connection point would be at the corner of Lincoln
and Riverside Drive and they are anticipating approximately five (5) years out
and they are requiring that they do this. Therefore, the applicant stated that they
will be utilizing the wells until then.
Commissioner Flores asked if there is a well on the property that is operating
today for irrigation, and domestic supply.
The applicant said they don't have a well for domestic but do have a well for
irrigation and has City water for potable water.
Commissioner Flores asked the applicant if he has a domestic meter, an
irrigation meter and a detective check meter for fire flow requirements.
The applicant stated that he doesn't currently operate the property so he is
unable to answer this question. He noted that there is a domestic meter, and
does not believe that there is a meter on the well.
Commissioner Flores said he reviewed the Conditions from the County of
Riverside Fire Department and asked the applicant about the new fire lines in
accordance with Riverside County Fire Department.
The applicant stated yes, all water lines will be replaced.
Commissioner Flores asked about sewer lines referring to two (2) existing
restroom facilities which would include all upgrades on all sewer lanes.
The applicant said currently there is a sewer line that comes into the property but
is not being used and the existing restroom facilities have septic tanks so those
will be removed.
AGENDAITEM
PAGE 10 OF 18
PAGE 11 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Commissioner Flores recommended approval and to proceed to City Council.
Commissioner Mendoza asked the applicant when the project would be
completed.
The applicant stated that the project should be done in approximately two (2)
years.
Chairman O'Neal inquired about the golf course.
The applicant stated that tenants have access to the golf course.
MOVED BY MENDOZA, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-143, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL ADOPTION OF FINDINGS
THAT THE LAKE ELSINORE RV RESORT
PROJECT IS CONSISTENT WITH THE MULTIPLE
SPECIES HABITAT CONSERVATION PLAN
(MSHCP).
MOVED BY MENDOZA, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-144, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, MAKING A LAND
USE CONSISTENCY DETERMINATION AND
APPROVING CONDITIONAL USE PERMIT NO.
2006-13.
MOVED BY MENDOZA, SECONDED BY
GONZALES AND PASSED BY A VOTE OF 5-0, TO
APPROVE RESOLUTION NO. 2007-145, 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. 2006-10.
11. Conditional Use Permit No. 2007-07 & Commercial Design Review
No. 2006-17
Chairman O'Neal opened the Public Hearing at 7:56 pm.
AGENDAITEM
PAGE 11 OF 18
PAGE 12 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
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 questions.
Senior. Planner Harris provided an overview of the project.
REQUEST TO SPEAK
Matthew Fagan, representing the applicant, California Business Condos, thanked
the staff for being so helpful and responsive through this process and read and
agreed with the Conditions of Approval.
Chairman O'Neal closed the Public Hearing at 8:02 pm.
PLANNING COMMISSION COMMENTS
Vice Chair Gonzales asked Mr. Fagan if they are using drought resistant plants
and also he noted that they got a comment back from Rightway, and asked if it is
a problem with him.
Mr. Fagan stated they would be using drought resistant plants be in compliance
with the City Ordinance which is reflected on the landscaping plans and referred
to the letter, and stated they have no problem with Rightway.
Commissioner Zanelli had no questions.
Commissioner Flores indicated that staff did a good job and recommended that
this project proceed to City Council for approval.
Commissioner Mendoza stated that initially is was opposed to altering building
heights but as long as it is aesthetically pleasing, he has no problem with the
project.
Chairman O'Neal stated to Mr. Fagan that the few times that he met with him on
the project, Mr. Fagan explained the project to him very clearly and found him to
be an excellent partner for him as Chairman of the Commission and his
impression is that he has done extremely well with the City.
MOVED BY MENDOZA, SECONDED BY
GONZALES AND PASSED BY A VOTE OF 5-0, TO
APPROVE RESOLUTION NO. 2007-145, 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. 2006-10.
AGENDAITEM_
PAGE 12 OF 18
PAGE 13 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
MOVED BY ZANELLI, SECONDED BY FLORES
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-147, 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 MITIGATED NEGATIVE
DECLARATION NO. 2007-04 AND THE
MITIGATION MONITORING AND REPORTING
PROGRAM APPERTAINING THERETO.
MOVED BY FLORES, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-148, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007-07.
MOVED BY FLORES, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 5-0, TO APPROVE
RESOLUTION NO. 2007-149, 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. 2006-17.
Chairman O'Neal closed the Public Hearing at 8:12 pm and took a brake.
12. Conditional Use Permit No. 2007-14; A request to establish an
outdoor dining area with the sale of on-premise beer and wine in
conjunction with existing restaurant located at 17600 Collier Avenue,
#147A, Lake Elsinore
Chairman O'Neal opened the Public Hearing at 8:21 pm.
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Intern Bitterolf to review it with the
Commission and answer questions.
Planning Intern Bitterolf provided an overview of the project.
The applicant, Julie Lamoreaux, 16661 Edgegate Drive, Riverside, read and
agreed with the Conditions of Approval.
AGENDAITEM
PAGE 13 OF 18
PAGE 14 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
PLANNING COMMISSION COMMENTS
Commissioner Zanelli had no questions.
Commissioner Flores commented that it was a very nice facility. He stated that
he did have concerns about the outdoor seating area, particularly, the access to
the outdoor dining which serves beer and wine and he thought it must include
enclosures.
The applicant addressed Commissioner Flores's concerns stating that there
would be a sign posted to say "If you have an alcoholic beverage, it must remain
on the patio," and stated that they also have a camera to observe people as well.
Commissioner Flores reiterated his concern about the enclosure not allowing the
exit of any beverage during high volume and low volume of patrons and would
like to be provided with general rules and regulations from the ABC Board,
requested by staff so that they are in conformance with this type of Conditional
Use Permits. He recommended that the applicant contact the California
Department of Alcohol Beverage Control for clarification and approval of the
proposed site for distribution of beer and wine, particularly in the enclosures. He
also stated that based on the findings and exhibits and the Conditions of
Approval he found this proposed project not in compliance with standard ABC
requirements. He indicated that if the applicant is willing to provide to the
Community Development Director a Letter of Compliance from ABC allowing this,
then he would approve the project.
The applicant stated that she does have an Approval Letter from the ABC Board
and they are waiting for the CUP and she has a letter with a recommendation of
approval but the recommendation letter did not include an enclosure.
Commissioner Flores stated that he could not approve the project.
Commissioner Mendoza asked Planning Intern Bitterolf what time the Outlet
Center closed?
Planning Intern Bitterolf stated that the Outlet Center closed at 8:00 pm.
Commissioner Mendoza asked Planning Manager Weiner if ABC had any
problems with the questions that he had.
Planning Manager Weiner stated that when he contacted ABC, they were not
concerned with the outdoor area and staff indicated to the applicant that the City
had questions regarding ABC's stance on the outdoor area but the applicant
indicated that they showed the City a letter for the first time stating that ABC had
approved the beer and wine and the outdoor seating contingent on them
obtaining CUP approval. He stated that they could consider adding a Condition
AGENDAITEM
PAGE 14 OF 18
PAGE 15 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
to meet all ABC requirements and the applicant stated that they would open to
any other requirements that the City does impose on them as part of the CUP.
Commissioner Mendoza asked Director of Community Development Preisendanz
if they put anything else on top of what ABC requires for beer and wine sales.
Director of Community Development Preisendanz stated that once ABC gives
their approval, the City is okay with this.
Commissioner Zanelli approved the project.
Vice Chair Gonzales was concerned about under aged customers drinking
alcohol on the outside patio.
The applicant stated that they do have 24 hour surveillance, monitoring the
outside patio to make sure no alcohol is being served to minors.
Commissioner Zanelli asked where the surveillance camera is monitored at.
The applicant stated that it is in the back of the restaurant.
Chairman O'Neal stated that he would like to approve this project and indicated
that ABC is fairly strict with licensing.
MOVED BY ZANELLI, SECONDED BY MENDOZA
AND PASSED BY A VOTE OF 4-1, TO APPROVE
RESOLUTION NO. 2007-150, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007-14.
13. Reorganization of the Planning Commission
Director of Community Development, Preisendanz apologized to Chairman
O'Neal and Vice Chair Gonzales for the manner in which the recommendation
was written and indicated that staff would like to change the recommendation to
say "Staff Recommends that the Planning Commission consider the re-
appointment of the Chair and the Vice Chair and extend their term for another
year until July 2008, at which time, the City. would re-organize per the new policy
adopted last September."
PLANNING COMMISSION COMMENTS
Commissioner Flores asked Deputy City Attorney Santana if the
recommendation is in conformance with Council's policy by allowing Chair and
Vice Chair to continue until 2008.
AGENDA ITEM
PAGE 15 OF 18
PAGE 16 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
Deputy City Attorney stated that the selection of the Chair and the Vice Chair is
completely up to the vote of the majority the Planning Commission Members.
Commissioner Flores recommended that we continue these procedures in
accordance with the Council Policy Manual and Policy No. 200-5A and indicated
that the Commission select and vote on this issue.
Commissioner Mendoza indicated that there was no need for an apology and
noted the correct compliance policy dates.
Vice Chair Gonzales stated that they always voted in January, and indicated that
when new members come on board they always come in July. His
recommendation is to keep the same Chairman and Vice Chair.
Commissioner Zanelli stated that when he was on PSAC, they were appointed in
January also and felt that it was more appropriate to end the terms in July as the
appointment terms ended.
Chairman O'Neal stated that his term ends next June which will be four (4) years
in addition to having six (6) months beyond that. He indicated that the entire time
that he has been on the Planning Commission, the Chair and Vice Chair have
been appointed in January, it has never been June. He also stated that he
doesn't understand why this is coming up now. He read that this was a policy
made a year ago; therefore, something should have been done in January when
that term was ending so that this wouldn't be a problem now. He also stated that
he has enjoyed being Chairman.
Commissioner Flores stated that Chairman O'Neal is doing an outstanding job as
Chairman and would like to see Mr. O'Neal remain as Chairman and Mr.
Gonzales remain as Vice Chair and recommended following the procedures that
City Council has provided in 200-5A and continue with the Chairmanship and
Vice Chair until July 2008 when new Chairman and Vice Chair are replaced in
accordance to the guideline of the Ordinance.
MOVED BY FLORES, SECONDED BY ZANELLI
AND PASSED BY A VOTE OF 5-0, TO APPOINT
THE CHAIR AND VICE CHAIR AND EXTEND
THEIR TERM UNTIL JULY 2008 IN ACCORDANCE
TO THE GUIDELINE OF THE ORDINANCE.
CHAIRMAN O'NEAL ABSTAINED
BUSINESS ITEMS
INFORMATIONAL ITEMS
AGENDAITEM
PAGE 16 OF 18
PAGE 17 -PLANNING COMMISSION MINUTES -AUGUST 7, 2007
STAFF COMMENTS
Public Works Director Seumalo stated that there are several Capitol
Improvement Projects that are in design or have been awarded.
Planning Consultant Miller had no comments.
Planning Manager Weiner thanked the Commission for their patience with the
large Agenda.
Director of Community Development Preisendanz congratulated the Chairman
and Vice Chair for their reselection and looks forward to working with them for
another year.
Deputy City Attorney Santana had no comments.
PLANNING COMMISSION COMMENTS
Commissioner Zanelli stated that there are a number of projects in Country Club
Heights that are coming to the Commission with septic systems and would like to
know if staff can contact the appropriate person in the County to get a survey of
the entire area to find out at which point will they reach the saturation point with
septic tanks, and requested Building and Safety work with the County to look into
the advanced treatment units that is a different type of septic unit that would put
water into the ground that is equal to the water that EVMWD is pumping into the
lake.
Director of Community Development Preisendanz said he would follow-up with
Commissioner Zanelli's request.
Commissioner Flores had an issue with the 3 x 3 signs that are not being posted
at projects to notify the public with construction days and times. He indicated
that this is in the Conditions of Approval and should be complied with.
Director of Community Development Preisendanz stated that he informed the
Building Manager to ask his inspectors to go to every job and tell them to put a
sign up, therefore, we should see signs up shortly.
Public Works Director Seumalo stated that he preferred the language to read
"Prior to issuance of Grading Permit or Building Permit" whichever comes first.
Commissioner Zanelli requested to have it say dust control mitigation.
Commissioner Flores requested that if there are more than ten (10) or twelve
(12) items on the Agenda to get the Planning Commissioner packets at least four
(4) days prior to the Planning Commission meeting.
AGENDAITEM
PAGE 17 OF 18
PAGE 18 -PLANNING COMMISSION MINUTES-AUGUST 7, 2007
Chairman O'Neal stated that he meets with Director of Community Development
Preisendanz once a week to review projects and one of the issues they have
discussed is to establish a time frame to get each project through in a specific
amount of days and stated that in the future it will be possible to get the
information at a more rapid rate.
Director of Community Development indicated that regarding the Administrative
Staff, Kristine Herrington will be handling Planning Commission issues, and Arsi
Baron will handle the overflow which will allow for more concentration on the
Minutes.
Commissioner Mendoza stated that he agreed with Commissioner Flores and
would like to see the sign issue prior to the issuance of Building Permits and also
indicated that he was concerned with the septic systems going into Country Club
Heights. He also requested limiting the number of Items on the Agenda.
Director of Community Development Preisendanz stated that this many Items is
unusual and we will limit the number Items on future Agendas.
Vice Chair Gonzales asked if all of the Cities bridges have been checked.
Public Works Director Seumalo stated that Cal-Trans has a program to inspect
all bridges on State Highway systems.
ADJOURNMENT
THERE BEING NO FURTHEI
ADJOURNED THE MEETING AT 9
Respectfully Submitted,
Kris Herrington
Office Specialist III
ATTEST:
1!72~//~--~
Rolfe Preisendanz,
Director of Community Development
AGENDAITEM
PAGE 18 OF 18