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Home My WebLink About07-07-2009 NAH MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 7, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES III 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, Senior Planner Harris, and Office Specialist Porche. PUBLIC COMMENTS Donna Franson, representing the Lake Elsinore Citizens Committee advised the Commission of their next meeting which is to be held on July 16, 2009 at 7:00 p.m. at the Tuscany Hills Recreation Center. She stated the guest speaker would be Captain Cleary speaking of crime prevention and a presentation by Alliance Card Inc. to discuss a plan recently approved by the City Council to promote local shopping which would increase local revenue and provide cash rebates to customers. CONSENT CALENDAR ITEM(S) i j 1. Minutes for the followina Planning Commission Meeting(s) a. May 19, 2009 b. June 2, 2009 Planning Commission Meeting July 7, 2009 Page 2 of 11 Recommendation: approval ~I Commissioner Mendoza requested a change to the May 19, 2009 Minutes on page 3 of 8, in the eighth paragraph adding the text to state "the fact that if this Text Amendment gets approved it removes all checks and balances a local government needs." A motion was made by Commissioner Gonzales and seconded by Commissioner Mendoza to approve the Consent Calendar with the changes to the May 19, 2009 Regular 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) 2. Tentative Parcel Map No. 35336, and Tentative Tract Map No. 35337, for the "Spyglass Ranch Specific Plan" located on the east side of Camino Del Norte at the intersection with Main Street Recommendations: a. Continue off-calendar to a date to be determined. Chairman Zanelli pointed out to the audience that this is a continued Public Hearing and therefore would not be necessary to be re-opened. Acting Community Development Director Weiner advised the Commission that he received a request from the applicant by way of email this afternoon to continue the case off-calendar, in order them to continue to work with staff in order to draft specific conditions of approval related to traffic mitigation. Chairman Zanelli requested any public speakers to speak either for or against this project. There being no comments from the public, Chairman Zanelli brought the discussion back to the dais for Commissioner Comments. Planning Commission Meeting July 7, 2009 Page 3 of 11 There being no comments from the Planning Commission, Chairman Zanelli closed the Public Hearing at 6:07 p.m. and requested a motion. A motion was made by Commissioner Mendoza and seconded by Commissioner O'Neal to continue off calendar Tentative Parcel Map No. 35336, and Tentative Tract Map No. 35337, for the "Spyglass Ranch Specific Plan" located on the east side of Camino Del Norte at the intersection of Main Street. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Zoning Ordinance Text Amendment No. 2009-04: An Ordinance of the City Council of the City of Lake Elsinore amending/adding Sections of the Lake Elsinore Municipal Code regarding Conditional Use Permits, Variance, and Design Reviews Recommendations: a. Adopt Resolution No. 2009- 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 Zoning Ordinance Text Amendment No. 2009- 04. Acting Community Development Director Weiner stated this project was continued and staff has provided additional information included in the report presented to the Commission. He stated he would be available for any questions the Commission may have. Donna Franson, resident of Lake Elsinore spoke in opposition of this amendment. She stated she has check to see how other city Planning Commission's run their meetings and did not feel there was a reason to change. Steve Manos, resident of Lake Elsinore spoke in opposition of the changes being proposed to the Text Amendment change. He stated he was disturbed to hear that there was consideration being made to make the Planning Commission an advisory body. He stated it could cause extra time and money for financing considerations and certain conditions that are involved which would make the extra time necessary for a Planning Commission process and then the City Council process somewhat burdensome. He also stated his concerns with the restrictions on campaign Planning Commission Meeting July 7, 2009 Page 4 of I I contributions that candidates can receive from developers. He stated by taking the initial step away from the Planning Commission, it could create a buffer between the political interest and the real interests of the constituent. He stated his third point is that this would create that appearance of impropriety which he believes would be unfair to the City Council members and is a decision and a process change that would not just last for this board or council but rather for the next twenty-three (23) years, so he is hoping the Planning Commission could let the City Council know that this is a bad idea. Chairman Zanelli asked if there were any other comments from the public. There being no additional comments, Chairman Zanelli brought the discussion back to the dais for Planning Commission Comments. 0 . HA stated- ha b9l6eve6 It 46 knpeFllant that theFe are teR (10) people reviewiRg suspeRs;en and RRd Wanted to go on the r4anerd with h(*v he f4RA'S Me A Varian.Ge aRd stated he does Ret that this is thq prepeF pFeG9duR9 and `This portion of the Minutes is verbatim: Commissioner O'Neal: Thank you Mr. Chairman. I apologize for my lack articulation here. I do not have a problem with being an advisory board to the City Council. Frankly right now, 75% of what we do is in an advisory capacity. In this particular case what's being changed are the Conditional Use Permits and that would be no longer a permanent approval with this process. Its still moves forward to the City Council. However, having said that, in this Text Amendment there is a significant problem. I believe and that is with 17.168.110, suspension and revocation. Again, I don't mind being in an advisory capacity to the City Council, but I do not want that process removed from the Planning Commission. I made this very clear the last time the subject was mentioned. I believe it is important that there are ten (10) people reviewing suspension and revocation, not just five (5). Ultimately if the decision rests with City Council, that is fine, but I want to be able to go on the record with how I feel about that suspension or revocation. Because of that I am not going to vote for this. Again, 1 do not have a problem with being totally an advisory to the City Council. However I do want to put on the record one more thing. When I was F1 Chairman of the Planning Commission the Deputy City Attorney sat next to me and was a wonderful partner for me. She kept me on track. She did amazing things for me, personally that allowed me to function however well I functioned as Chairman of the Planning Commission. Having said that I want to say specifically this; the decision to state by the Deputy City Attorney that you could change a Specific Plan Planning Commission Meeting July 7, 2009 Page 5 of 11 R with a Variance I believe is simply not the proper procedure and this effect we are talking about the proper procedures. I will state again for the record that a Variance is not a proper thing for a Specific Plan. What you would need is a Specific Plan Amendment. I think I have a fairly good idea why. I have never spoken to her, but I have a fairly decent idea of why she might have recommended that was OK. None the less and it is a valid reason by the way. But none the less in my mind I thought that it was the improper advice to get to this Commission and we find ourselves in this position after that particular decision was made. So, thank you Mr. Chairman..... Chairman Zanelli: Thank you Commissioner O'Neal. Madam Attomey, would you care to respond..... Deputy City Attorney Winterswyk: 1 would just have to ask for clarification of where that issue came up because I do not recollect that. 1 don't see a reference to that in the Staff Report or the Resolution, so I am not sure what baring that has on the matter that is before us. /am just confused about what we are talking about... Commissioner O'Neal: The reason why I brought that up is, if the advice to this Commission was that you can not put the Variance do a Specific Plan Amendment, in my mind then the proper advice and we would not be sitting here today looking at this particular thing because that would be sent back for a Specific Plan Amendment, and I specifically remember talking to Tom straight-up about that and it was your advice that it was OK to do that..... Deputy City Attorney Winterswyk: I'm sorry I don'Y recollect what you are talking about..... Commissioner O'Neal. OK, that is fine.... Deputy City Attorney Winterswyk: Can you tell me what project you're talking about, is it related to this Text Amendment.... Commissioner O'Neal: Not exactly this amendment, but the reason this Text Amendment is here is because of a project specifically the project that was on, what's the name of the street.... Chairman Zanelli: Corydon and Palomar, a storage facility.... Commissioner O'Neal. and it was being put forward that you could ...it was an R-1 zone in a Specific Plan and they were changing it to what ever it was, a commercial ...I don't remember that part of the detail, but 1 stated at the time that you could not do that through a Variance, that they had to do a Specific Plan Amendment and I voted ...I abstained from the vote, specifically for that reason, ~I because I thought that it needed to go back for Specific Plan Amendment. See what 1 am saying.... Deputy City Attorney Winterswyk: I understand and I recall now what you are talking about. Thank you for clarifying that... 'I Planning Commission Meeting July 7, 2009 Page 6 of 11 Commissioner O'Neal. You're welcome. *End of Verbatim. Commissioner Gonzales stated that he has been serving on the Planning Commission for five (5) years and has since seen maybe four (4) items that have been appealed. He stated does not care to vote for it as it takes all the power away from the Planning Commission. Commissioner Mendoza wanted to go on the record by saying he agrees with the comments from Mrs. Franson and Mr. Maros. He suggested that anyone who does not agree with the project should attend the City Council meeting and voice their opinion. He stated by approving this, it would take away the checks and balances of local government. He stated with the approval of this Text Amendment, the appeal process would now need to go to the Courts which would cost more money and time for the applicant, realtor or investor. He further pointed out that only five (5) appeals have been filed since 2005 which he stated is a good track record. Vice-Chairman Flores thanked staff for the report to the Planning Commission on the studies and surveys of surrounding City's indicating the Conditional Use Permit process and the final decision. He also thanked staff for the count of appeals that have been submitted however pointed out that a statement made by Mayor Magee . was the fact that some of the applicants felt confused and did not see that anywhere in the report. He stated it is difficult to make a decision based on how confusing this process is. He stated he is basing his decision on facts and does not support the reason to vote for the project. Chairman Zanelli stated that he is in full agreement with the Commission. He quoted a statement made by the Mayor where he spoke of where members of the public were left confused by the process related to land use matters. He further pointed out that the Mayor requested an open discussion on the topic yet he has never had any discussion with the Mayor or any other Councilmember. He stated this removes an appeal process for the applicant or any member of the public and this system has worked for many years as well as for many other cities and feels there is no reason to change it at this time. Commissioner O'Neal pointed out that Mr. Manos made a very good point by speaking of campaign contributions. He stated it seems to indicate that perhaps more power should be given to the Planning Commission rather than less as they are not guided by the developer. Chairman Zanelli spoke of a project that the Planning Commission approved which was a CUP and a Variance that some of the Councilmembers were not happy with. He stated they had the right to appeal the decision as well as any member of the public. He recommended that Industrial Design Review be taken from the City Council and approved at the Planning Commission level. There being no further comments, Chairman Zanelli closed the Public Hearing at 6:28 p.m. and requested a motion. I Planning Commission Meeting July 7, 2009 Page 7 of 11 The motion was declared lost for Resolution No. 2009-42, recommending 10 the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2009-04. A substitute motion was made by Commissioner O'Neal, seconded by Commissioner Mendoza to deny Zoning Ordinance Text Amendment No. 2009-04. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE A motion was made by Chairman Zanelli and seconded by Commissioner Mendoza to change or add language to the Text Amendment to have all Design Reviews stopped at the Planning Commission level. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) 4. Reorganization of the Planning Commission Fj Chairman Zanelli opened the floor for nominations for Chairman of the Planning Commission. Commissioner O'Neal nominated Commissioner Gonzales for the Planning Commission Chairman. I Planning Commission Meeting July 7, 2009 Page 8 of 11 Commissioner Mendoza nominated Vice-Chairman Flores for the Planning Commission Chairman. Commissioner Gonzales indicated that he would not object being elected Chairman for the Planning Commission as he had served on the Commission as Vice Chairman in the past. Vice-Chairman Flores had no comments. Chairman Zanelli concurred with Commissioner Mendoza's nomination for Vice- Chairman Flores being nominated for the Chairman of the Planning Commission. The motion for Commissioner Gonzales failed for lack of second. A motion was made by Commissioner Mendoza and seconded by Chairman Zanelli to elect Vice-Chairman Flores for Chairman of the Planning Commission until 2010. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Commissioner Mendoza nominated Commissioner Gonzales for Vice-Chairman of the Planning Commission. A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal to elect Commissioner Gonzales as the Vice-Chairman of the Planning Commission until July 2010. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL F1 NOES: NONE ABSENT: NONE I Planning Commission Meeting July 7, 2009 Page 9 of 11 ABSTAIN: NONE STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: • He congratulated newly elected Chairman Flores and Vice-Chairman Gonzales on their new positions with the Planning Commission. • He thanked Commission Zanelli for the past year of serving as Chairman for the Planning Commission. • He spoke of the road improvements along State Highway 74 and the 1-15 Freeway interchange. He stated the paving should begin within a couple of weeks and it is anticipated the project to be finalized by the end of the month. • He advised the Commission that the City Council approved for a signal to be installed at the intersection of Gunnerson and Riverside Drive. • He thanked Commissioner Mendoza for his attention to the grading along La Strada and advised the Commission that the issues have been corrected. Senior Planner Harris commented on the following: • He congratulated the new appointees and wished them success. ~I Office Specialist Porch6 commented on the following: • She thanked Commissioner Zanelli for all of his hard work serving as the Chairman `for the Planning Commission over the past year and congratulated Chairman Flores and Vice-Chairman Gonzales on their new positions. Acting Community Development Director Weiner commented on the following: • He congratulated Chairman Flores and Vice-Chairman Gonzales and thanked Commissioner Zanelli for all of his hard work and help over the past year. Deputy City Attorney Winterswyk commented on the following: • She congratulated Chairman Flores and Vice-Chairman Gonzales and indicated it is a pleasure working with all of the Commission. PLANNING COMMISSIONER'S COMMENTS Commissioner Mendoza commented on the following: • He thanked the City Engineer for helping out with the grading that was taking place j off La Strada. Planning Commission Meeting July 7, 2009 Page 10 of 11 FJ Commissioner O'Neal commented on the following: • He asked Acting Community Development Director Weiner if the two banners were removed from Riverside Drive over the 4t' of July weekend. Acting Community Development Director Weiner indicated that staff was alerted by several members of the community and it was handled accordingly. Commissioner Zanelli commented on the following: • He wished everyone a good-night and thanks for the all the help received from City staff. • He suggested to Mrs. Franson and Mr. Manos that he hopes to see them at the next City Council Meeting. Vice-Chairman Gonzales commented on the following: • He congratulated Chairman Flores on being elected Chairman. • He spoke of the weeds that are out of control below his property. Chairman Flores commented on the following: • He thanked the Commission for all their help with the guidance and would continue to ask for help when needed and looks forward to working with staff. ADJOURNMENT It was the consensus of the Commission to adjourn to the July 21, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Flores adjourned the meeting at 6:51 p. JIM FL RES, CHAIRMAN NNING COMMISSION Re pectfullynSub itted, l -7 DANA PORCH n OFFICE SPECIALIST III Planning Commission Meeting July 7, 2009 Page 11 of 11 ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT I I