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HomeMy WebLinkAbout05-19-2009 NAH MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 19, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:00 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, Associate Planner Carlson and Office Specialist Porche. PUBLIC COMMENTS None CONSENT CALENDAR ITEM(S) 1. Minutes from the followina Planning Commission Meeting(s) a. April 21, 2009 F1 b. May 5, 2009 Recommendations: Approve Planning Commission Minutes May 19, 2009 Page 2 of 8 Commissioner O'Neal requested a change to the April 21, 2009 Regular Planning Commission Minutes on page 3 of 10, ninth paragraph, strike the words from "femoved frern" and insert the words "included in". A motion was made by Commissioner Gonzales and seconded by Commissioner O'Neal and passed by a unanimous vote approving the Consent Calendar with the noted corrections to the April 21, 2009 Regular Planning Commission Meeting 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) 2. Zoning Ordinance Text Amendment No. 2009-04: An Ordinance of the City Council of the City of Lake Elsinore, California. Amending and Adding Sections of the Lake Elsinore Municipal Code regarding Conditional Use Permits. Variances, and Design Reviews." Recommendations: Adopt a Resolution recommending to the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2009-04. Chairman Zanelli opened the Public Hearing at 6:02 p.m. Acting Community Development Director Weiner indicated the purpose of this item is to propose Zoning Ordinance Text Amendment No. 2009-04 amending several sections of the Lake Elsinore Municipal Code (L.E.M.C) in order to make the Planning Commission an advisory body and the City Council a final decision making body for conditional use permits (CUP) and variance requests. He stated in addition, the Planning Commission would amend the L.E.M.C. regarding the placement of design review requests under the Business Item heading of the Planning Commission and City Council agendas. Chairman Zanelli requested any public speakers to speak either for or against the item. I , Planning Commission Minutes May 19, 2009 Page 3 of 8 There being no requests to speak, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Deputy City Attorney Winterswyk indicated prior to the Planning Commission Meeting it was brought to her attention that some language needed to be amended or deleted. The correction would be to Codes 17.184.090, 17.168.055 and 17.172.055 under Action by the City Council which was read into the record as follows: § 17.184.090 Action by the City Council: A report of the findings and recommendation of the Planning Commission shall be transmitted to the City Council after the Planning Commission's meeting, bear the Planning GeMmissien shall be final unle6s appealed. §17.168.055 Action by the City Council: A report of the findings and recommendations of the Planning Commission shall be transmitted to the City Council after the Planning Commission hearing exi;ept that denials by the PlaRniR9 GOMPA066iOR Shall be final un.lers appealed. § 17.172.055 Action by the City Council: A report of the findings and recommendations of the Planning Commission shall be transmitted to the City Council after the Planning Commission hearing Gemm's6meR shall be final URIeSS appealed. Commissioner O'Neal stated even though he is not opposed to the idea of the Planning Commission being an advisory panel for City Council, he stated he is not going to vote in favor of the changes due to the discussion portion and felt the proposed changes are crafted poorly, misleading, factitiously incorrect and basically confusing. He expressed the wording of the code stating "Shall or May" eliminates the Commissions option from abstaining. He recommended to the Commission to postpone. Commissioner Gonzales noted that any decision made by the Commission could be appealed by the City Council. Commissioner Mendoza asked how many surrounding cities follow the same procedures, and how long have the current procedures been used. He asked if the entire City Council directed the City Attorney to research the matter as he does not feel comfortable having one person on the Council make the decisions for the entire body. He expressed his concerns with the appeal process and how approving this project would eliminate the appeal process for the citizens. He stated "the fact that if this text amendment gets approved it removes all checks and balances that a local government needs." He stated until he has an answer to his questions, he can't vote in favor of the project. Acting Community Development Director Weiner replied by saying the CUP procedures the City currently used were established around 1986. He noted that appeals do not happen often. He stated he does not have the exact number of occurrences but feels that two per year is approximate. Planning Commission Minutes May 19, 2009 Page 4 of 8 Deputy City Attorney Winterswyk added, on certain occasions various members of the City Council had expressed their concerns to the City Attorney. She stated the request for the Zoning Text Amendment is brought before the Planning Commission by the Mayor based on his authority set by the City Council Policy Manual. She stated the remaining members of the Council would consider the Planning Commission's recommendations and would determine whether approve, change or deny, altogether. Commissioner O'Neal concurred with the concerns of Commissioner Mendoza regarding the appeal process and stated this would take away the ability for five members to review the project instead of ten. He stated he is not pleased with removing Design Reviews from the Consent Calendar. Deputy City Attorney Winterswyk replied by saying only Minor Design Reviews would remain under the Consent Calendar and only Design Reviews would follow under the Business Item heading. Vice-Chairman Flores concurred with all of the Commissioners on their thoughts. He stated he doesn't understand how or what caused the decision of the Mayor and if there was a particular issue, why it was never mentioned to the Planning Commission in the past. Chairman Zanelli indicated that he agrees with most of the statements made by the Commission. He asked staff if any member of the Council expressed that a process has left them confused and if so, how many times and what period of time. Acting Community Development Director Weiner replied by saying members of the City Council often would request verification on land use and planning related issues. Chairman Zanelli stated to the best of his knowledge he was unaware of any issues. He stated he has attended the planning staff meetings since he became Chairman of the Planning Commission and feels the planning staff has provided as much information to the public to help them understand a process. He indicated his primary concern is with the changing of a process that would eliminate an appeal to the Planning Commission's decision and the appellant would need to file an appeal with the Superior Court if they choose to proceed. Deputy City Attorney Winterswyk stated there seems to be some confusion with the filing of an appeal. She stated if the applicant has an issue with the decision of the Planning Commission they could still file an appeal as that part of the code not change as proposed. Chairman Zanelli suggested to the Commission to have staff develop a flowchart of the development processes in the neighboring cities in order to see if there is room for improvement. He also suggested communicating with the development community on any proposed changes to the Text Amendment and once the Text Amendment has been adopted, have the flowchart available on the City's Web site and at City Hall. Planning Commission Minutes May 19, 2009 Page 5 of 8 I Commissioner O'Neal suggested to the Commission continuing this item and requests the City Council to add a statement that would direct the Planning Commission. Commissioner Mendoza requested how many complaint and appeals have been received in the past five years and the outcomes. He concurred with having the item continued. Chairman Zanelli stated as far as he is concerned it should be up to the Acting Community Development Director to continue this item to a date certain as the Planning Commission has had a successful system for twenty-three years and sees no urgency in changing. Deputy City Attorney Winterswyk quoted Government Code Section 65853 which states, when the City Council has requested the Planning Commission review and make a recommendation on a Zoning Ordinance the review and recommendation occur within a reasonable amount of time not to exceed forty (40) days. She stated if the Planning Commission fails to make a recommendation within that time period, then the legislative body (City Council) could take the Ordinance with the presumption that the recommendation was to approve the Ordinance in the form as it was presented to them. It was motioned by Chairman Zanelli and seconded by Commissioner Mendoza to continue the Zoning Ordinance Text Amendment No. 2009-04 to July 7, 2009 Regular Planning Meeting. Staff was directed to prepare a flowchart regarding the Conditional Use Permit and Variance entitlement process, as well as other associated tasks. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMISI 3. General Plan Conformity Determination for Proposed Capital Improvement Program for Fiscal Years 2009/2010-2013/2014 Recommendations: It is recommended that the Planning Commission: Planning Commission Minutes May 19, 2009 Page 6 of 8 a. Adopt Resolution No. finding that the Capital Improvement Program r conforms to the Lake Elsinore General Plan. b. Direct staff to forward a copy of this report and the Planning Commission Resolution No. to the City Council as required by Section 65401 of the Government Code. Acting Community Development Director Weiner stated this is a request for the Planning Commission to adopt a Resolution finding that the proposed five (5) year Capital Improvement Program (CIP) conforms to the Lake Elsinore General Plan. Public Works Director/City Engineer Seumalo added the CIP enables the City to make plans for the installation and refurbishment of public infrastructure and facilities. He stated the CIP for the fiscal years of 2009-2010 through 2013-2014 organizes projects and lists available funding and the estimated costs. He noted one of the projects listed is the signal at Gunnerson and Riverside Drive which is an important project. Commissioner Gonzales asked if the City's General Plan would be completed by this year. Acting Community Development Director Weiner replied by saying "Yes." Commissioner O'Neal asked if the Planning Commission could receive an updated version of the CIP that would be included in the listed project for the fiscal years noted. Public Works Director/City Engineer Seumalo responded by saying "Yes." There being no comments from the Commission, Chairman Zanelli called for a motion. It was motioned by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009-34 finding that the Capital Improvement Program conforms to the Lake Elsinore General Plan. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE i Planning Commission Minutes May 19, 2009 Page 7 of 8 STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: • He provided an update of the Dexter Avenue project. He stated Dexter Avenue is scheduled to be paved next Friday and the striping the week after. • He stated that the lanes on Central Avenue would begin to shift to the south in order for work to take place on the north side of the street. • He expressed his pleasure working with the Commission and how the Commission is professional and thoughtful and stated it is a joy to work with them. Acting Community Development Director Weiner commented on the following: He spoke of the Budget Study Session to be held on May 21, 2009 at the City's Cultural Center at 5:00 p.m. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: • No comments. Commissioner Gonzales commented on the following: • No comments. Commissioner Mendoza commented on the following: • No comments. Vice-Chairman Flores commented on the following: No comments. Chairman Zanelli commented on the following: He asked about Allen Street and if all the drainage issues have been resolved. Public Works Director/City Engineer Seumalo replied by saying he believes the residents have filed a claim with the City. He stated staff is still working with CalTrans on that project. ADJOURNMENT It was the consensus of the Commission to adjourn to the June 2, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Zanelli adjourned the meeting at 7:12 p.m. Planning Commission Minutes May 19, 2009 Page 8 of 8 AXEL Z~MLLI,'CRAIRMAN PLANNING COMMISSION Re pectfully Submitted, 4e DANA PORCHEt OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT I I I I