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HomeMy WebLinkAbout01-20-2009 NAH n n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 20,2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Winterswyk, Public Works Director Seumalo, Planning Consultant Miller, Planning Consultant Coury, Associate Planner Carlson, and Office Specialist Porche. PUBLIC COMMENTS None PLANNING COMMISSION APPROVES THE CONSENT CALENDAR 1. Minutes for Reqular Planninq Commission Meetinq from December 4. 2007. Recommendation: Approve as submitted. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza approving the December 4, 2007 Regular Planning Commission Minutes. 1 n / I n The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS 2. Conditional Use Permit No. 2007-22 and Industrial Desiqn Review No. 2007-04. Recommendation: Denial Chairman Zanelli opened the Public Hearing at 6:07 p.m. Planning Consultant Miller provided a brief overview of the project with the Commission. She noted the project was continued at the Planning Commission meeting on October 7, 2008. She stated that the applicant has since completed traffic and noise studies to determine if the project would create any impacts to the neighboring residential community. She advised the Commission that the applicant is present and would be available to answer any questions that the Commission may have. Mike Dunn, applicant for the project advised the Commission that the driveway has been relocated at the request of staff and spoke of issues with the earthquake fault running through the lot. He indicated that a traffic and noise study was conducted which showed no impacts to the project. John Treese, Cape Cod Drive, Lake Elsinore spoke in opposition of the project. He indicated he was representing fifty-four (54) neighbors in the Serenity neighborhood who are opposed to the project. He indicated that the main reason for opposing the project was due to the design of the project and the traffic & speeding issues located on Corydon & Palomar. Valerie Treese, Cape Cod Drive, Lake Elsinore, spoke in opposition of the project. She noted that should the project be approved, additional road improvements would need to be completed at the corner of Corydon onto Palomar. Public Works Director Seumalo replied, should the project be approved, he would coordinate the improvements with the Traffic Engineer regarding the site distance issues. 2 n There being no further comments, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Commissioner O'Neal noted that one of the reasons that the project was continued at the last Planning Commission meeting was due to zoning issues of the East Lake Specific Plan. Acting Community Development Director Weiner indicated the denial of the project was because the Specific Plan Amendment has not been requested by the applicant. He stated the East Lake Specific Plan has a Conditional Use Permit mechanism that would bring the project forward for the Commission to review. He stated the applicant has not submitted a request for a land use designation change which is why the denial is being recommended by staff, and staff can't make the findings for this use in an R-1 zone. Commissioner O'Neal requested further clarification on the basis of the denial recommendation. Acting Community Development Director Weiner replied that in addition to the R-1 situation, there are set back. Commissioner Gonzales requested clarification on the hours. II Mike Dunn, applicant spoke of the hours for the location. He indicated that there would be a kiosk installed at the location that would allow access. He stated that a manager would work part time on site for about forty (40) hours per week. He also noted that there would be cameras set up for security. Deputy City Attorney Winterswyk clarified to the Commission the language of Section 9.2.2 of the East Lake Specific Plan that stated an allowance for other uses with a Conditional Use Permit. She stated that staff is not adding a dimension to the property which is zoned residential which keeps the property within the residential scheme. She stated that the request consists of trying to change a land use by virtue of a Conditional Use Permit which is why staff is having difficulties making the Findings necessary to approve the Conditional Use Permit. Mike Dunn, applicant spoke of a letter that was submitted for the record dated 2001 or 2002 which indicated that the site could be used for a self storage. Commissioner Mendoza spoke of the two-thousand (2000) hours per year and asked if it is a guideline or a requirement. n Planning Consultant Miller indicated that she spoke with the City's Building Official who indicated that two-thousand (2000) hours would be the maximum hours allowed. Commissioner Mendoza pointed that one of the main issues for this project would be the graffiti. 3 II Deputy City Attorney Winterswyk discussed at length the Findings required for the approval of a Conditional Use Permit pursuant to the L.E.M.C and she stated it may be possible to make the findings. Vice-Chairman Flores noted that many years ago there was a signal light at the location of Corydon and Palomar. He noted that the street lights were a major benefit because of the safety issues on Corydon. He stated as development enters into the City, it brings forth changes which could also bring concerns. He expressed his concerns with the possible tagging of the project should the project be approved. He suggested that should this project be approved, that conditions be modified to include road improvements at the corner of Palomar & Corydon. Chairman Zanelli addressed this concern from the residents of the Serenity neighborhood. He also expressed his concerns with the speeding on Corydon and addressed the graffiti concerns. He noted that part of the Conditions of Approval would include the building to be painted with an anti-graffiti surface. He also expressed that the project should be heavily landscaped. He addressed the maximum two-thousand (2000) hours and indicated that this project would be a state of the art project, and would have an automated entry with surveillance. He indicated that he feels this project would be an improvement to the area. Chairman Zanelli closed the Public Hearing at 6:51 p.m. II Commissioner O'Neal asked if the environmental study has been completed. Acting Community Development Director Weiner replied "Yes." Commissioner O'Neal stated he believes that this project is outside the scope of R- 1, and would like to have this project go through the East Lake Specific Plan rather than a Conditional Use Permit and returned to the Planning Commission for further review. Chairman Zanelli asked Acting Community Development Director Weiner if the General Plan Update intent is to change the zoning for this project. Acting Community Development Director Weiner replied "No." He indicated that this is a Vested Specific Plan and that vested specific plans would not be modified. Chairman Zanelli asked what the fees would be to amend a specific plan. Acting Community Development Director Weiner indicated it would be around $5,000 to $7,000 for planning fees and additional fees for any further environment analysis that would be required n Commissioner Gonzales asked if the applicant would need to go through this all over again should the project be approved. Acting Community Development Director Weiner replied should the commissioner want this project to move forward, the Commission would direct staff to bring back 4 I n Conditions of Approval and Resolutions. The applicant would also need to provide a Variance application to address the set back issues. He stated that should the project be approved at the Planning Commission, the project would then be presented before the City Council for further discussion. It was motioned by Commissioner Mendoza, and seconded by Vice-Chairman Flores to direct staff to provide the Commission with a Resolution and Conditions of Approval and have the applicant submit a Variance application for this project. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA COMMISSIONER GONZALES NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE n 3. Mitiaated Neaative Declaration No. 2008-10. General Plan Amendment No. 2008- 01. Zone Chanqe No. 2008-02. Commercial Desiqn Review No. 2008-09. Conditional Use Permit No. 2008-15. Variance No. 2008-01. and Uniform Siqn Proqram No. 2008-02 "Lake Street Market Place." Chairman Zanelli opened the Public Hearing at 7:06 p.m. n Project Planner Coury provided an overview of the project to the Commission. He expressed to the Commission that this site is part of the yet-to-be-approved General Plan Update that is being proposed and the General Plan Update re-designates the site from low medium residential to general commercial. He indicated that the commercial project would include a Fresh & Easy Market as well as other shops. He indicated the project would be constructed into two (2) phases. He noted that access to the site would be located from two driveways, one located on Lake Street, and the other on Mountain Street. He expressed to the Commission that a mitigated negative declaration has been prepared. He noted that he received two letters from two (2) tribes primarily focused on the needs for tribal monitoring. He advised the Commission that he had a meeting with Mrs. Jimenez who is present at the meeting. He indicated a letter from Mrs. Jimenez has been entered into the record. He also provided to the Commission a letter from the applicant on two Conditions that are requested to be modified. He noted to the Commission that the applicant is requesting to modify their Sign Program requirements and indicated a letter from the applicant outlining the modifications. He advised the Commission that staff recommends approval of the project based on the Findings and is subject to the Conditions of Approval. He indicated that the applicant is available to answer any questions that the Commission may have. 5 II Dave Garrison, applicant stated that they have been working on this project for many years. He stated that they have worked diligently with staff. He stated the concerns with certain Engineering Conditions. He noted that the street improvements would not be completed until Alberhill was completed. He stated that he would work as closely as possible with Mr. Jimenez to help mitigate his health issues. He spoke of the Sign Program and indicated that their concerns were submitted to the Commission. Tom Tomlinson with Castle & Cooke spoke in favor of the project. He stated that the project is truly needed. Chairman Zanelli asked Mr. Tomlinson to address the street improvements. Mr. Tomlinson replied he realizes the needs of improvements. He stated that he has met with the developer and feels that a solution could be met. II Mrs. Jimenez, resident stated that her husband has been diagnosed with Valley Fever which is caused by spores in the soil and any grading can cause the spores to become airborne. She stated that the spore can travel up to 500 miles when airborne. She indicated she is concerned that this project would impose great danger to her husband. She pointed out that the area is not safe to the children in the area. She noted that she has met with Mr. Garrison however have not been able to work out a solution. She stated that if necessary she would present her issues to the media. Ken Crawford, engineer of the project stated that he would answer any questions that the Commission would have. George McDonough, resident spoke in opposition of the project stated that he just found out about this project and stated that this area once had a project to be located at the same location. He spoke of his concerns with the traffic on Lake Street. Dawn Oaks, resident of Lake Elsinore spoke in opposition for the project. She indicated that her family also has problems with health issues due to the environment, graffiti, dust and dirt in the area. She suggested having the project postponed for further research. Carlos Valle, resident spoke in opposition of the project. He stated that traffic on Lake Street needs improvement. He noted that too many people live in that area and hopes that the Commission would consider denying the project. Chairman Zanelli requested the applicant to approach the podium. n Dave Garrison indicated that a soil test was not conducted. He stated that he could not determine if there are any spores on the property. Commission Gonzales pointed out that the spores are located everywhere. 6 n Dave Garrison stated that they would water down the area during the grading which would start as soon as June 2009. Commissioner Mendoza spoke of the General Plan of the area. He spoke of the necessary street improvements on Lake Street and stated that he does not feel that this is the right time for this project. Vice-Chairman Flores asked Mr. Garrison if he would be willing to meet with the residents in the area to discuss the issues. Mr. Garrison replied "Certainly." Vice-Chairman Flores indicated that he can't understand why Lake Street still has issues. He indicated that he would not approve the project until the street has been completed. Mr. Garrison stated that he has no authority to do the improvements on Lake Street. He stated he would be work with Castle & Cook and would be putting up cash deposits. Vice-Chairman Flores stated that there is a lot of work that needs to be completed first. n Public Works Director Seumalo noted that the Conditions were based on the amount of homes located in the area. Commissioner O'Neal noted the issues with the traffic. He expressed to Ms. Jimenez that development will continue and would not affect his decision. He noted that it would be nice to have a public convenience store near by. Mrs. Jimenez indicated that she has lived at her present location since 2001 and her two sons love the area. She stated that she has tried to sell her house for three years but has been unsuccessful. She noted that this project would require heavy excavation, which would disturb the spores which would have an affect on her husband. Chairman Zanelli pointed out that the applicant offered to relocate Ms. Jimenez during the grading of the project, but the applicant did not accept the offer. n Chairman Zanelli closed the Pubic Hearing at 8:15 p.m. Acting Community Development Director Weiner advised the public that for those outside of the 300 foot radius who were interested on receiving a notice on any upcoming meetings regarding this project, that they should leave their name and address with Office Specialist Porche. Chairman Zanelli pointed out that the City has a new Web site that posts the Public Hearing Agenda's including the staff reports for review. He pOinted out to Mr. Garrison that he likes the project. He requested that Public Works Director Seumalo 7 n to address the difference in the elevations between now and when the project would be finalized. Public Works Director Seumalo stated that the road elevation would be lowered approximately seven to eight feet; however the shopping center would have already been finaled at that elevation. Chairman Zanelli requested the representative from Fresh & Easy to approach the podium. Matt Sulinski representing Fresh and Easy stated that all deliveries to the store would be in the morning between 8:00 a.m. and 10:00 a.m. He stated that they would have approximately 10 to 15 employees and would be open seven (7) days a week from 7:00 a.m. to midnight. It was motioned by Commissioner O'Neal and seconded by Vice-Chairman Flores to adopted Resolution No. 2009-03, recommending that the City Council adopt Findings that the project known as the Lake Street Marketplace is consistent with the Multiple Species habitat Conservation Plan (MSHCP). The following vote resulted: n AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Mendoza to adopt Resolution No. 2009-04, recommending to the City Council adoption of Mitigated Negative Declaration No. 2008-10 for the Lake Street Marketplace project. The following vote resulted: n NOES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSSIONER O'NEAL VICE-CHAIRMAN FLORES AYES: ABSENT: NONE 8 n ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009-05, recommending to the City Council approval of General Plan Amendment No. 2008-01 for the Lake Street Marketplace project. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza and seconded by Chairman Zanelli to adopt Resolution No. 2009-06, recommending to the City Council approval of Zone Change No. 2008-02. ,i The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE It was motioned by Commission O'Neal and seconded by Chairman Zanelli to adopt Resolution No. 2009-07, recommending to the City Council approval of Commercial Design Review No. 2008-09. . The following vote resulted: AYES: NOES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA n 9 n ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009-08, approving Conditional Use Permit No. 2008-15. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009-09, approving Variance No. 2008-01. II The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSSIONER O'NEAL NOES: VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal and seconded by Commissioner Gonzales to adopt Resolution No. 2009-10, approving Uniform Sign Program No. 2008-02. The following vote resulted: AYES: COMMISSIONER GONZALES COMMISSSIONER O'NEAL n NOES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA ABSENT: NONE 10 II ABSTAIN: NONE Commissioner O'Neal addressed the Engineering Conditions of Approval. Deputy City Attorney Winterswyk noted the recommended changes to the Conditions of Approval and asked the applicant if they would be worked out prior to the City Council meeting. Mr. Garrison stated that he could not guarantee that the modifications to the Conditions of Approval could be agreed upon prior to the City Council meeting; however he stated that he would work with staff on the direction and conceptual issues. The Commission all agreed that before this project goes before the City Council the Engineering Conditions must be discussed by the Commission. Public Works Director Seumalo indicated that he agrees with the Commission and stated that he has some optimism with respect to staffs ability to come to an agreement with the fees. He stated that this is not a design issues but rather figuring out how to finance the TUMF fees. n Acting Community Development Director Weiner indicated that the project is tentatively scheduled to go before the City Council on February 10th, however could be continued to a later date to allow time for the developer and staff to work out the Conditions. Deputy City Attorney Winterswyk addressed for the record the following; The modified Conditions of Approval apply to each and every of the entitlements that the Commission has considered including the Mitigated Negative Declaration 2008-10, General Plan Amendment 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Uniform Sign Program No. 2008-02 and Variance No. 2009-01 as reflective in the documents presented on January 2dh, 2009. The following are the modified Engineering Conditions of Approval that have been entered into the record: n #55: Construct full half width street cross-section along Lake Street, consistent with the General Plan Circulation Element. Half width street shall measure 48-feet from the centerline of Lakeshore Drive to the face of curb adjacent to the project. Because of the Lake Street realignment, cash-in-lieu of construction will be accepted. The cash-in-lieu shall be based on an approved engineer's estimate. (Note: Applicant and City staff are in the process of making modifications to this condition.) #66: Provide water quality control measures to comply with the Santa Ana Regional Water Quality Control Board requirements for the San Jacinto Watershed Area. These provisions shall treat all water conditions leaving the site. 11 II n n #71: All interim street improvements on Lake Street and ultimate improvements in Mountain Street as described in these Conditions of Approval shall be installed and functioning prior to Certificate of Occupancy. #72: Pall all capital improvement and plan check fee (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fees, Traffic Impact Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees, and inspection fees associated with the project and development. The fee amount to be paid shall be consistent with the current amount stipulated in each fee ordinance. (Note: Applicant and the City staff are in the process of making modification to this condition.) #86: All improvement plans shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or disc which are compatible with the City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. #95: Deleted #105: Applicant shall obtain approval from Santa Ana Regional Water Quality control Board for their Storm Water Pollution Prevention Plan in the San Jacinto Watershed Area including approval of erosion control for the gradirig prior to issuance of grading permits. The applicant shall provide a SWPPP for the post construction which describes BMP's that will be implemented for the development including maintenance responsibilities BUSINESS ITEMS None STAFF COMMENTS Public Works Director Seumalo commented on the following: . He spoke of the road conditions on Dexter Avenue and indicated that an agreement would be established between the City and County regarding the County's participation on the road improvements. Acting Community Development Director Weiner commented on the following: . He spoke of the Downtown Master Plan Public Workshop to be held on January 29th at 6:00 p.m. at the Cultural Center. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . He addressed an article that was published in G.O. magazine that spoke of Lake Elsinore and stated that he was offended by the content. 12 J n n n Commissioner Gonzales commented on the following: . He spoke of a house on Lash Street that had been tagged. Acting Community Development Director Weiner indicated that he would advise staff to mitigate the issue. Commissioner Mendoza commented on the following: . He requested information on the buildings behind the new Holiday Inn Express and asked if they are occupied. Acting Community Development Director Weiner stated that the two buildings were recently approved for reduced TUMF fees and cleared occupancy for the buildings. . He spoke of the Burger King building on Diamond Drive and Mission Trail and wanted to know if Walgreens planed on occupying that location. Acting Community Development Director Weiner replied that there are a few pharmacy chains that are pursuing the site. Vice-Chairman Flores commented on the following: . No comments Chairman Zanelli commented on the following: . He advised the public of the swap meet that is held every Sunday at the Diamond Stadium. . He spoke of the Citizen's Committee meeting to be held on Thursday, January 29th at Tuscany Hills Club House at 7:00 p.m. ADJOURNMENT It was the consensus of the Commission to adjourn to the February 3, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Respectfully Submitted, j(V,G~ Q ?~ DANA PORCHE OFFICE SPECIALIST III 13 n II II ATTEST: ~ LC)- TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 14