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HomeMy WebLinkAbout03-03-2009 NAH n In n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 3,2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:01 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/City Engineer Seumalo, Planning Consultant Miller, Associate Planner Carlson, Associate Planner Resendiz, and Office Specialist Porche. PUBLIC COMMENTS None PLANNING COMMISSION APPROVES THE CONSENT CALENDAR 1. Minutes from the followina Plannina Commission Meetina(s) a. December 16, 2008 b. January 6, 2009 c. February 3, 2009 Recommendation: Approve as submitted. Page 1 of 11 n n It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -16 approving a Minor Design Review for a two-story Single-Family Dwelling Unit located at 811 W. Sumner Avenue and approve the December 16, 2008, January 6, 2009 and February 3, 2009 Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) 3. Conditional Use Permit No. 2007-22. Industrial Desiqn Review No. 2007-04 and Zone Variance No. 2007-06. Recommendations: a. Adopt a resolution recommending that the City Council Adopt findings that the project is consistent with the MSHCP, and b. Adopt a resolution approving Conditional Use Permit No. 2007-22, and c. Adopt a resolution approving Variance No. 2007-06, and d. Adopt a resolution recommending City Council approval of Industrial Design Review No. 2007-04. Chairman Zanelli opened the Public Hearing at 6:03 p.m. Planning Consultant Miller provided the Commission with an overview of the project. She noted an additional Condition to be added which she numbered as 43b and read into the record as follows: 43b: Pursuant to the Migratory Bird Treaty Act, the applicant shall conduct a pre- construction survey for nesting birds if any tree removal work is undertaken during the nesting season which occurs between February 15 and August 30. P<:lIOP') nf'11 n Planning Consultant Miller advised the Commission that she received a call from John Clemens, a resident of Lake Elsinore who spoke in opposition of the project. She indicated this project was continued from the January 20, 2009, Planning Commission meeting which the applicant requested to apply for a Variance due to the proposed Palomar Street setback. She stated that the applicant is proposed a landscape setback between five (5) to eighteen (18) feet at which the East Lake Specific Plan requires thirty feet. However, she stated the applicant is also providing additional landscaping planters along the northern and eastern boundaries which should make up closely to the requirements for landscaping along Palomar. She stated that staff supports the request due to the physical constraints of the Alquist Priolo Special Studies Zone that restricts 100 foot non buildable area that runs through the entire area. She indicated staff supports the project based on the Findings and is subject to the Conditions of Approval. She advised the Commission that the applicant is present and available to answer any questions the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Mike Dunn applicant of the project stated that he did his best to design the project in a way that it would fit in with the neighborhood. He stated to the Commission that he would be available to answer any questions the Commission may have. II Chairman Zanelli requested comments from the public to speak either for or against the project. John Treese, resident spoke in opposition of the project. He indicated he sent the entire Commission an email outlining all issues with the project. He spoke of the amount of open commercial space, traffic issues and the types of vehicles that speed on the road. He requested any information on how to mitigate the traffic issues. Valerie Treese, resident spoke in opposition of the project and addressed her concerns with the traffic issues. Christine Ullerich spoke of her concerns with the safety issues particularly with the street crossing across from the elementary school. She noted the project is a beautiful project, however, would not recommend having the project placed there and hopes that the Commission would reconsider. Chairman Zanelli requested Public Works Director/City Engineer Seumalo to respond to the traffic concerns. n Public Works Director/City Engineer Seumalo indicated he went out to the site with the City's Traffic Engineer and measured lane lines and configuration of the area. He confirmed that the turns were tight especially when driving a large vehicle. He stated the Traffic Engineer suggested having the lane re-stripped which is noted in Condition of Approval number 75. He further suggested having a truck turning P~(J,.1 nfl1 I I I 'n template on the corner to insure that the vehicles using this site are able to stay in their own lane. Chairman Zanelli closed the Public Hearing at 6:23 p.m. and brought the discussion back to the dais for Commissioners comments. Commissioner O'Neal pointed out that his name is misspelled in the staff report. He stated the project is a good project however, is the wrong type of project for the area. He indicated that Residential-1 is the wrong type of designation for this piece of property. He spoke of how he doesn't understand why this project needs to go through the CUP process as this is the wrong type of designation for this property and why can't this property be re-zoned. He suggested that a Specific Plan Amendment would be the correct way to go and it shouldn't be the applicant's fault that this has been zoned incorrectly all this time. Acting Community Development Director Weiner responded to Commissioner O'Neal's comments. He indicated the Specific Plan would be considered the stronger approach in terms of getting the land use designation change. He pointed out to the Commission that a letter was received in September of 2000 from the prior Planning Manager which set the course for the project. n Commissioner O'Neal pointed out that the comments did not address the notion that the CUP process is outside the scope of what should be there. Chairman Zanelli stated that it is his understanding that the CUP does allow flexibility for situations such as this project. Commissioner O'Neal indicated that this is a problem that could easily be corrected. Commissioner Gonzales asked how long it would take to have the project re-zoned. Acting Community Development Director Weiner replied, for a Specific Plan Amendment, staff would need to conduct some environmental studies which would require the project to be re-noticed and would take some time. Commissioner Gonzales stated that it is a good project and he would not know of anything else could be developed on that parcel due to the noted 2000 hour guidelines. He addressed the traffic issues and the small children crossing the street to get to the school. n Commissioner Mendoza pointed out that he thought the 2000 hours was just a guideline. He spoke of shifting the wall and asked if it would cause any concerns with the turning of vehicles? Acting Community Development Director Weiner replied that it is the setback that is deficient. He stated that the internal circulation should not be effected. p~(7".:1 of!1 II Commissioner Mendoza spoke of the hours of human occupancy which would be minimal and the noted fault line that has been addressed. He noted that the project is good and there really isn't anything else that could be developed there. Vice-Chairman Flores spoke of the traffic issues and asked about the "No Parking" signs between Corydon onto Palomar. Public Works Director/City Engineer Seumalo replied that he did not notice the signs. Vice-Chairman Flores suggested that the Conditions of Approval should state that there should not be parking allowed from the corner of Corydon onto the entrance of the facility due to the traffic issues and should be placed as quickly as possible. Public Works Director/City Engineer Seumalo indicated he discussed the situation with the Traffic Engineer and noted that Vice-Chairman Flores is correct. He stated that parking would be prohibited from Corydon to the project entrance and signs shall be posted along the opposite side of street. Vice-Chairman Flores asked if the re-stripping of the street could be done prior to construction. n Public Works Director/City Engineer Seumalo indicated that it would be at the Commission's discretion. Vice-Chairman Flores asked Acting Community Development Director Weiner if the fault line also goes through to the park. Acting Community Development Director Weiner replied that he believes the fault line runs all the way to the lake. Chairman Zanelli requested the Commissions attention to Condition number 75 which calls for an electronic radar speed sign that shall be installed on Palomar Street. He indicated that there has never been a time where the City has required a developer to provide traffic safety equipment such as this and indicated that he does not feel that the applicant should be burdened with this cost. He stated that he agrees that the sign should be placed there due to the speeding problem, but the applicant should not be responsible for the cost and suggested to strike that Condition of Approval. He concurred with the Commission that the project is a good project; however, nothing else could be built there. n Public Works Director/City Engineer Seumalo noted that Condition number 93 addresses that it includes the projects frontage for Corydon and Palomar. Commissioner O'Neal concurred with Chairman Zanelli on striking Condition number 73 and wanted to emphasis that the process is important. There being no further discussion, Chairman Zanelli requested a motion. P.up <; of 11 n A motion was made by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009-17, recommending that the City Council adopt Findings that the project known as a self storage and recreational vehicle storage facility is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE n A motion was made by Commissioner Mendoza and seconded by Commission Gonzales to adopt Resolution No. 2009-18, approving Conditional Use Permit No. 2007-22, including the additional Condition of Approval No. 43b, to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE n A motion was made by Commissioner Gonzales and seconded by Commissioner Mendoza to adopt Resolution No. 2009-19, approving Variance No. 2007-06, to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. P.""F. "f11 n The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE A motion was made by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009-20, recommending to the City Council approval of Industrial Design Review No. 2007-04 to include the additional Condition of Approval No. 43b, amend Condition of Approval No. 43 to 43a, adding Condition No. 43b, and modify Condition of Approval No. 75 and 93. The following vote resulted: In AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE Chairman Zanelli requested a recess at 6:49 p.m. and reconvened the meeting at 6:50 p.m. 4. Zonina Ordinance Text Amendment No. 2009-01: A modification to Multiple Sections of the Lake Elsinore Municipal Code (LEMC) in Order to Define Reliqious Assemblv. Institutions and Structures. and to Broaden Certain Land Use Descriptions in an Effort to Further Complv with the Reliaious Land Use and Institutionalized Persons Act (RLUIPA). n Recommendation: Adopt a resolution recommending City Council approval of Text Amendment No. 2009-01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030,17.124.020, and 17.132.030 of the LEMC. P.up 7 nfll n Chairman Zanelli opened the Public Hearing at 6:51 p.m. Associate Planner Carlson provided the Commission with the reading of the Staff Report regarding the proposed Zoning Ordinance Text Amendment. He stated at the present time our City's code defines our religious assembly as churches. He indicated that this Text Amendment would broaden the land use description set forth in the various Pertinent Subsections to refer to as "religious assembly, institution and structures" in an effort to further comply with RLUIPA. He indicated that pursuant to the California Environmental Quality Act (CEQA) an Initial Study was completed to analyze the potential environmental impact of the proposed project. He indicated a Negative Declaration was prepared and released for the public review on January 22,2009 and continued through February 13, 2009. He indicated that staff recommends approving Text Amendment No. 2009-01 and further stated that he would be available to answer any questions that the Commission may have. Chairman Zanelli requested any public comments on this item. There being no comments either for or against the project, Chairman Zanelli closed the Public Hearing at 6:53 p.m. and brought the discussion back to the dais for Commissioners comments. Commissioner Mendoza had no comments. n Vice-Chairman Flores asked how long has the City been working on this. Associate Planner Carlson replied that the amendment has been in the works for about 1 Yo months. Commissioner O'Neal stated that he is glad that he lives in a country that allows for religious diversity. Chairman Zanelli had no comments. There being no additional comments, Chairman Zanelli requested a motion. A motion was made by Commissioner O'Neal and seconded by Commissioner Mendoza to adopt Resolution No. 2009-21, recommending to the City Council approval of Zoning Ordinance Text Amendment No. 2009-01 and the adoption of the Negative Declaration therefore. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL COMMISSIONER MENDOZA n NOES: NONE P~OP s:I: nf 11 n n In ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMCS) None STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: . He spoke of the re-paving project along Dexter Avenue and anticipates awarding the project at the City Council meeting on March 24 or the first meeting in April 2009. . He spoke of the interchange project at Central Avenue. He noted the retaining walls and lanes are being re-configured in order to commence construction on the northerly side. Commissioner O'Neal expressed to Public Works Director/City Engineer Seumalo that he experienced a fourteen minute wait time at the intersection of Gunnerson and Riverside Drive and indicated that he appreciates all the effort to resolve this issue. Public Works Director/City Engineer Seumalo replied that he has been reviewing the stimulus package to see if there is any available funding for the City to use. Chairman Zanelli asked Public Works Director/City Engineer Seumalo the status of taking over control on Highway 74 through-out the City. Public Works Director/City Engineer Seumalo indicated that the City is stalled due to Cal Trans and the negotiation of funds. He indicated the best scenario would be approximately 14 months from any approvals. Chairman Zanelli spoke of the flooding along Shrier Drive and asked if there are any plans for improvements. Public Works Director/City Engineer Seumalo indicated that there are several agencies responsible for the condition of the road way. He stated that EVMWD was required to maintain Wetlands in that area. He stated when Hwy 74 was reconfigured twenty (20) years ago, Gunnerson Avenue was raised, and conveying pipes were placed under the street to convey water from one side to the other. He indicated that it was either the City or Cal Tran requirement. Chairman Zanelli stated that the area gets flooded every year and that they are privately owned. He requested any information to assists the owners of the properties. Chairman Zanelli noted gas line installation on Illinois just to the south of Riverside and requested a status. Public Works Director/City Engineer Seumalo indicated that he does not know of the details, however would discuss with staff. Deputy City Attorney Winterswyk commented on the following: . She provided information to the Commission on the San Diego Court ruling of Sprint vs. San Diego County which had been requested by Commissioner Gonzales at the February 17, 2009 Planning Commission Meeting. D<::IrTP 0 nf'11 n PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . No comments. Commissioner Gonzales commented on the following: . He requested clarification on the grading for the Toyota dealership. Public Works Director/City Engineer Seumalo stated that the grading that is currently taking place is the completion of the deal between the property owner and Toyota. Commissioner Mendoza commented on the following: . No comments. Vice-Chairman Flores commented on the following: . No comments. Chairman Zanelli commented on the following: n · He thanked staff for all of their hard work. ADJOURNMENT It was the consensus of the Commission to adjourn to the March 17, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Res ectfully Submitted, t!.. C. DANA PORCH OFFICE SPECIALIST III n P"ap 1 () "f 11 II n n ATTEST: ~ G-Q* TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT Po"" 11 "fl1