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HomeMy WebLinkAbout12-19-2006 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, DECEMBER 19, 2006 CALL TO ORDER: Chairman O'Neal called the Regular Planning Commission Meeting to order at 6:03 PM. PLEDGE OF ALLEGIANCE: Chairman O'Neal led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI ABSENT: COMMISSIONERS: Also present were: Director of Community Development Pxeisendanz, Plamzing Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Associate Planner Resendiz, Planning Consultant Coury, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items None CONSENT CALENDAR 1. Minutes a. Regular Planning Commission Meeting Minutes of September 19, 2006, October 3, 2006, and December 5, 2006. MOVED BY ZANELLI, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO APPROVE THE MEETING MINUTES FOR SEPTEMBER 19, 2006, OCTOBER 3, 2006, AND DECEMBER 5, 2006. Agenda Item No. Page of PAGE 2 -PLANNING COMMISSION MINUTES -December 19, 2006 2. Minor Design Review of a Residential Duplex located at 408 N. Lewis Sweet (APN: 374-032-007) Chairman O'Neal stated that Staff is requesting that this project be tabled fox further review. MOVED BY MENDOZA, SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 5-0 TO TABLE THE MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED AT 408 N. LEWIS STREET, APN: 374-032-007, TO BE TABLED FOR FURTHER REVIEW. 3. Minor Design Review of aSingle-Family Residence located on 16428 Gunnerson Street (APN: 378-244-01G) Director of Community Development Pxeisendanz 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. Daniel Rodriguez (Applicant), 1317 N. Custer Stteet, agreed with the Conditions of Approval. Director of Community Development Preisendanz stated that before Daniel Rodriguez (Applicant) agreed to the Conditions of Approval, he had augmented a Condition relative to Fire Department, water availability. Deputy City Attorney Santana stated that there was a small change that would clarify the intent of Condition of Approval No. six (6). Deputy City Attorney Santana stated that the Condition read as follows: Prior to the issuance of a Building Permit, the applicant shall submit to the City a copy of the Elsinore Municipal Water District "Will Serve" letter and that letter shall be stamped by Riverside County Fire Department indicating that fire flow availability and emergency access axe adequate. The clarifying language comes in the middle of the sentence where it says the letter shall be stamped by Riverside County Fire Department. The initial Condition as it was written left open what type of action the applicant would have to take in order to satisfy the Condition and after speaking with Riverside County Fixe Department, Staff determined that the Riverside County Fixe Department will place a stamp on the "Will Serve" letter saying that the fire flow availability and emergency access axe adequate. Chairman O'Neal asked Mx. Rodriguez if he understood the Condition as it was read to him? Mx. Rodriguez said he understood the Condition, and he wanted to know if there was going to be a time issue as far as delaying the project. Agenda Item No. _ Page of PAGE 3 -PLANNING COMMISSION MINUTES -December 19, 2006 Director of Community Development Pxeisendanz spoke to the Riverside County Fixe Department on 12/19/06. A "Will Serve" letter within the Staff Report was received by Mx. Rodriguez from the Lake Elsinore Municipal Water District. The "Will Serve" letter along with the Site Plan will need to go to the Fixe Department, once it goes to the Fire Department, they are going to ask Mx. Rodriguez to go back to the Water District with a confirmation in writing that the hydrant has been purchased and will be installed. He then needs to take it back to the Fire Department and they will stamp the site plans and "Will Serve" letter. Commissioner Gonzales asked who will be installing the fire hydrant? Director of Community Development Pxeisendanz said the Lake Elsinore Municipal Water District will be installing the Hydrant and the homeowner has to pay fox the hydrant to be installed. Mx. Rodriguez said this information was new to him and it could be expensive. Director of Community Development Pxeisendanz said cuxxendy there is a "Wazf' hydrant on the property and the Fixe Department is not going to be satisfied with that type of hydrant. The Fire Depaztment is going to require that the applicant is to install the appropriate fire hydrant and then the plans can be approved. Mx. Rodriguez stated that there is going to be a cost to install this and he doesn't know what that amount is but it could be devastating to the project. Director of Community Development Pxeisendanz said the Water District chazges five thousand ($5,000.00) dollars. There is a check list on the "Will Serve" letter and an estimated cost. The amount next to the fire hydrant was left blank because the "Warf-head" hydrant was not a sufficient hydrant fox the property per the Fixe Department. They aze requesting a new fire hydrant be installed, and the cost is as follows: 1) Meter installation is twenty nine hundred ($2,900.00) dollars 2) Connection fee five thousand five hundred ninety four ($5,594.00) dollars 3) Permit is three hundred ($300.00) dollars 4) Water Account Deposit is one hundred ($100.00) dollazs 5) Water District charges five thousand ($5,000.00) dollars Director of Community Development Pxeisendanz reiterated that according to the Water District the "Wazf Head" hydrant is located three hundred eighty feet (380') from the applicant's parcel, and is not sufficient to provide adequate fire protection per the Fixe Department. Mx. Rodriguez asked if this agreement be a Condition of Final rather than Building Permit? Director of Community Development Pxeisendanz said they wanted to avoid getting beyond the permit stage where the applicant can't meet the obligation. A Condition was read prior to the issuance of the Building Permit. Agenda I[em No. Page of PAGE 4 -PLANNING COMMISSION MINUTES -December 19, 2006 Mx. Rodriguez stated that if the Condition was read to him previously, he could have made some arrangements to meet this Condition, but now it seems to have stopped the wheels in motion of this project. Director of Community Development Pxeisendanz stated that there is a Condition in the applicants Staff Report that does talk about a boiler plate Condition of Approval that he needs Fire Department approval. Deputy City Attorney Santana reiterated that the Condition is not a new Condition. The Condition was listed in the Conditions of Approval that the applicant reviewed and initially agreed to as Condition No. six (6). Mx. Rodriguez stated there was a lot of verbiage in the Conditions of Approval that were given to him. He said he was relying on the Planner to relay the information to him for the necessary. requirements. He explained that he felt a little ambushed as fax as the Fire Department's requirements but he would pay the money necessary to get approval from the Water District and the Fire Department to get the Building Permit, if the Planning Commission would approve the project today. Vice Chair Gonzales asked if this hydrant that the applicant is supposed to change can be used fox the entire neighborhood, ox only the applicant's property. He also inquired whether the applicant gets reimbursed fox the cost of the hydrant when other property owners start building there. Director of Community Development Pxeisendanz spoke with the Water District, they said the fire hydrant is to be utilized fox those residents living within a five hundred foot (500') radius of the fire hydrant. He asked them if this is reimbursable and their answer was no, only if the resident is going to bring in a water line to their residence then the cost could be reimbursed but not fox the hydrant. Thexefoxe, he would have to pay fox the hydrant at that location which would serve those people in that particular radius and those people that were outside that radius would have to supply their own hydrant fox fire protection, so he is paying for others. Chairman O'Neal said because the Water District has failed to provide adequate fire protection in this area, the applicant has to pay fox that. Director of Community Development Pxeisendanz confirmed that the applicant has to provide fire protection fox the area which now currently has a "Waif-head" hydrant at that location so he is having to provide fire protection fox the area. Chairman O'Neal said he thought it was unreasonable and unfair to cap another five thousand (5,000) dollars to change a fire hydrant. He apologized to the applicant and said the Commission's hands were tied. Director of Community Development Pxeisendanz clarified that Mx. Rodriguez was okay with the original Condition of Approval before it was revised. Agenda Item No. Page PAGE 5 -PLANNING COMMISSION MINUTES -December 19, 2006 Mx. Rodriguez said yes, he understood the Conditions of Approval but he said he was frustrated that he has to wait a month to go through the Fire Department and Water District to work out the nuts and bolts of their agreement ox non-agreement before he can get a permit. Planning Commission Comments Commissioner Zanelli agreed with Chairman O'Neal that the Water District has failed to maintain their system and it was unfair fox the applicant to be charged fox this. He said we need to do a complete review of the Water District through the entire Country Club Heights area and get the system up to speed. It is unfair to penalize one (1) developer. The Commission will see what they can do to improve the infrastructure of the water system in the future. Chairman O'Neal asked the Commission how they felt about a compromise on this particular Building Permit. Commissioner Zanelli said he would be willing to help the applicant with this situation and try and in the future to tackle the Water District on a greater scale. Vice Chair Gonzales asked Director of Community Development Pxeisendanz if others develop in this area, will they have to share the cost of the fire hydrant. Director of Community Development Pxeisendanz answered that it would be up to the developers to pay voluntarily. Vice Chair Gonzales asked Director of Community Development Pxeisendanz if a clause can be added to say "Persons developing in the area in the future axe required to pay fox part of the fire hydrant". Chairman O'Neal said it is a Water District charge. Director of Community Development Pxeisendanz said if the applicant was bringing a waterline into the residence then there could be a reimbursement agreement according to the Water District. Chairman O'Neal stated that the majority of Water Districts maintain their own fire hydrants and it isn't a problem. Commissioner O'Neal said he fords it troubling that the Water District has failed to do what they axe supposed to do, and apologized to the applicant fox not getting adequate notice and has to pay fox the cost of the new fire hydrant. Director of Community Development Pxeisendanz asked the applicant if he submitted Building Plans. The applicant said yes he did Agenda I[em No. Page of PAGE 6 -PLANNING COMMISSION MINUTES -December 19, 2006 Duectox of Community Development Pxeisendanz said sometimes in cases such as this one, an "At Risk" letter is submitted where the applicant agrees to move forward "At Risk", issuing the permit with knowledge that occupancy will have some requirements. Chairman O'Neal asked the applicant if this would be suitable. The applicant said yes. Director of Community Development Pxeisendanz said he can monitor this project specifically fox occupancy. He agreed with the Planning Commission that this is an overall problem and said the Planning Division will work with the applicant to monitor his project. Commissioner Zanelli said he would approve the project as long as the applicant understands the Conditions and the Cexdficate of Occupancy, and hopes this will help him with the timeframe and schedule until the water issue is resolved. Director of Community Development Pxeisendanz said we can modify the Condition to require Final Approvals prior to a Certificate of Occupancy so that the applicant has time to work out the situation as long as it is agreeable to the applicant and to the Commission. Commissioner Flores asked when the fire hydrant installation will be completed, and does it concur with the one (1) year approval date? Director of Community Development Pxeisendanz said yes it concurs with the one (1) year approval date. Commissioner Flores confirmed that the applicant will have at least a one (1) year period to complete the entire building. Director of Community Development Pxeisendanz said it is a conventionally built house and felt sure the applicant was going to finish it fairly quickly and that would give him sometime to work out the details with the finances and also with the Fixe Department. Chairman O'Neal took a two (2) minute recess at 6:33 pm to clarify this issue with City Attorney Santana. Deputy City Attorney Santana clarified this issue by stating that it came to the attention of the City Engineer that Fixe may want ox require protection from the applicant against any fire that may be caused by maintenance of flammable materials on site and Fire requires that the applicant protect against such foes prior to the time of issuance of Certificate of Occupancy and that would translate into providing such assurances at the Building Permit stage. Therefore, Staff is proposing to modify the following Conditions to read as follows: 1) Pxiox to the issuance of Certificate of Occupanry, the applicant shall submit to the City, a copy of the Elsinore Water District "Will Serve" letter, and that letter shall be stamped by Agenda Item No. Page of PAGE 7 -PLANNING COMMISSION MINUTES -December 19, 2006 Riverside County Fixe Department indicating that fire flow availability and emergency access axe adequate. Furthermore the appk'cant assumes any and all liability for fire or fire related damage caused by the maintenance of flammable materials on the project .rite during con.rtructian. Chairman O'Neal sutntnaxized to the applicant that if he wants to assume that liability then the City will be more than happy to extend to him the Certificate of Occupancy. The applicant agreed to change the fire hydrant fox a fire hydrant, and also agreed to the Condition. Commissioner Zanelli stated that there needs to be a survey done of the entire Water District System at Country Club Heights in terms of the entire structure (line sizes, hydrant locations, types of hydrants, water flow and pressure availability.) Once that is done, we can find out the inadequacy and if it has not been maintained. If that is the case, the City needs to take the steps necessary to ensure that they maintain that system. Commissioner Flores said he was not originally in favor of this project, but based on the issues that were brought up; he now supports the Conditions of Approval. He stated that in reading the submittals, he found that the plans failed to provide a listing of the utility purveyors, and asked that Associate Planner Resendiz should include those in the next plans that he submits with this Condition. He said he reviewed the Conditions that were placed on the applicant's project and noticed that the applicant contacted Elsinore Water District to conduct a fire flow test and a copy was provided fox the Commissioners review and as per Condition No. 34 on page 16 and submitted a "Will Serve" letter request checklist from the Elsinore Water District but it failed to provide a Sewer Connection Agreement which at the beginning, the applicant agreed to connect to the sewer connections so that was also accepted by the applicant as a Condition. This also includes Condition No. 48 on page 18 of 31. In addition, Condition No. 50 stated, provide fire protection access and facilities as required in writing by Riverside County Fire, again, he said the applicant agreed based on the new Condition No. 6 that prior to the issuance of building permits the applicant shall provide the Community Development Department confirmation that fire flow availability and emergency access has been found to be acceptable by the Riverside County Fire Department that he has agreed. Therefore, based on Condition No. 6, he supports the project. Commissioner Mendoza said the City can't be improved without some needed upgrades. He wanted to know if there would be a moratorium on building until the issue is settled. Chairman O'Neal said he wouldn't support a moratorium on building. He said he doesn't believe any negotiations have gone on between the two agencies. He opposed the Water District because as a resident of Country Club Heights he has been concerned about a number of houses in the area where there is inadequate water flow. Commissioner Mendoza said he doesn't want to see other property owners going through what this property owner went through. If property owners start going directly to the Water District to complain, hopefully something will be done about it. Agenda Item No. Page of PAGE 8 -PLANNING COMMISSION MINUTES -December 19, 2006 MOVED BY ZANELLI, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 2006-126, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF ASINGLE-FAMILY RESIDENCE LOCATED ON 16428 GUNNERSON STREET, ASSESSOR PARCEL NUMBER 378-244-01G. Public Hearing Items Chairman O'Neal opened the Public Hearing at 6:11 pm. 4. Minor Design Review of a two story Single-Family Residence located at 17395 Bromley Avenue (APN: 378-142-016 There was a recommendation by Staff to continue the project until January 2, 2007. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5-0 TO APPROVE CONTINUATION OF A MINOR DESIGN REVIEW OF A TWO STORY SINGLE-FAMILY RESIDENCE LOCATED AT 179395 BROMLEY AVENUE APN: 378-142-016, UNTIL JANUARY 2, 2007. Chairman O'Neal closed the Public Hearing at 6:51 pm. Chairman O'Neal opened the Public Hearing at 6:55 pm. 5. Sign Program No. 2006-03 for Collier Development Comban Duectox of Community Development Pxeisendanz provided a brief overview of the proposed project and requested Associate Planner Coury to review it with the Commission and answer questions. Associate Planner Couxy provided an overview of the project. Project Planner Couty said the sign program is to satisfy a Condition fox the project site fox development which was approved in the spring of 2005. It was a ten (10) unit industrial building business park which was approved. The applicant is now coming back fox a Sign Program fox the Business Paxk. The project site is located on the south side of Collier between Riverside and Agenda Item No. Page of PAGE 9 -PLANNING COMMISSION MINUTES -December 19.2006 Nichols Rd. It is across the street from the Outlet Centex. The applicant is satisfying the condition to come back to the Commission fox the review and possible approval of the sign program which is included as part of the packet. The Sign Program is exempt from any further environmental review. Staff is recommending approval of the Sign Program and the applicant was present in the audience. The applicant, Jeff Johnston, Collier Development Company, resides at 12040 East Florence Avenue, Santa Fe Springs. He said he had read all the Conditions and agreed with them. He said he had spoken with Associate Planner Court' regarding a couple of things that they will add to try to conform to some of things the city is working on in stylizing their brand. Otherwise, Collier Development Company accepts the Conditions. Vice Chairman Gonzales asked if the buildings had been leased yet. Mr. Johnston said the buildings were primarily fox sale. Two of the units were in escrow and they were in negotiations on the others. Vice Chairman Gonzales asked if it has been determined what kinds of businesses would be there Mx. Johnston said the one in escrow is a party supply company. Commissioner Mendoza asked about window signs. He expressed a concern about there being too many window signs that were not a part of the Condition. Associate Planner Court' said window signage is covered by the sign ordinance which allows fox only 25% of the window to have signage. In addition, the owner informs the property management group who reviews all signs to be used. If there is a situation where window signage gets out of control, the property management would be in control of that situation as well. Mx. Johnston agreed with the concern regarding overuse of window signage. Chairman O'Neal asked Commissioner Flores, and Commissioner Zanelli if they had any comments, and they did not. Chairman O'Neal had no comment. MOVED BY ZANELLI, SECONDED BY FLORES, AND PASSED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 2006-127, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SIGN PROGRAM NO. 2006- 03 FOR COLLIER DEVELOPMENT COMPANY. Chairman O'Neal closed the Public Hearing at 7:00 pm. Chairman O'Neal opened the Public Hearing at 7:01 pm. Agenda Item No. Page of PAGE 10 -PLANNING COMMISSION MINUTES -December 19, 2006 6. Canyon Hills Estates: Environmental Impact Report No. 2006-02, General Plan Amendment No. 2006-04, Specific Plan No. 2006-01 and Tentative Tract Map No. 34249 Chairman O'Neal said Staff is requesting a Continuance. PUBLIC HEARING ITEMS Ms. Anne Haxxell, Lake Elsinore said she has property adjacent to the property site on Cottonwood Canyon. She wanted to know if there were any maps where the public can view the plans fox what the City is plamiutg. She expressed a concern that eminent domain will mean they will be impacted with new roads coming in with new development. She said the residents of the community would like to be more informed and know what is going on. Specifically, what eminent domain will take of the pxopexdes. Director of Community Development Pxeisendanz directed Ms. Harrell to Staff and suggested they could give hex the answers she is seeking. Ms. Harrell said she had been to the offices and she didn't know who to speak with. She said no one was able to help hex. Director of Community Development Pxeisendanz referred hex to Associate Planner Coury, who as the Project Planner would have all the files and exhibits pertaining to the project. Planner Coury introduced himself to Ms. Harrell. He said if she called him they could set an appointment and recommended she have hex assessor parcel nuxnbex so they could know where hex property is in relation to the project site. MOVED BY MENDOZA, SECONDED BY ZANELLI, AND PASSED BY A VOTE OF 5-0 TO CONTINUE CANYON HILLS ESTATES: ENVIRONMENTAL IMPACT REPORT NO. 2006-02, GENERAL PLAN AMENDMENT NO. 2006-04, SPECIFIC PLAN NO. 2006-01 AND TENTATIVE TRACT MAP NO. 34249 TO JANUARY 16, 2007. Commissioner Flores asked about the Annexation process. He asked Planning Consultant Court' what stage it is in now. Planner Coury said the sphere of influence was approved by LAFCO for this area to be included in the city sphere of influence. The applicant currently has an annexation application submitted with Lapco. They aze reviewing the plan of services associated with that. They have not scheduled a hearing date for the annexation heazing itself. Agenda Item No. Page of PAGE 11 -PLANNING COMMISSION MINUTES -December 19, 2006 Commissioner Flores asked Associate Planner Coury if he would bring the project up for approval prior to the annexation, or after the annexation by LAFCO. Associate Planner Coury said it would be prior to, as LAFCO requirement is, that the City will have to review the project, review the environmental document, and take action before they will actually take action on the annexation. BUSINESS ITEMS Chairman O'Neal opened up discussion regarding the Lakeshore Overlay District. Commissioner Zanelli and Commissioner Flores will represent on the Sub-Committee, attend those meetings and report back as necessary. INFORMATIONAL NONE STAFF COMMENTS Ken Seutnalo gave a brief CIP update. He said the Grand-Ortega intersection improvement and signalization project was awarded by City Council and Staff expected it to start by early January-the first ox second week. It was awarded to R.J. Noble, and the council expressed some concern with R.J. Noble. They axe the contractor on Railroad Canyon Road, and there were times when it would appear that there was no work going on. That was expressed to the contractor so he expressed hope that there would be more visible performance. He said the bottom line is that there axe working days, not including holidays and weekends and delays not caused by the contractor and the contractor is due credit for those days that their project is impacted. Cal Trans has a say in how that project is run in the field. He said that at Railroad Canyon Road interchange-improvements, the contractor is working there backfilling the retaining wall, so the road widening should be happening soon. According to the working days, the project should be completed approximately January 26, 2007. He added that staff is still moving forward with the streetlights on Lakeshore Drive. He expressed disappointment that they would not be completed in time fox Christmas. He said that they were planning to move fonvaxd with the Franklin Street overlay project during the first quarter of next year. Director of Community Development Pxeisendanz said he would like to confer with the Commission regarding painted window signs at 74 Motor Sports. He said he would talk to the Building Official who would turn it over to Code Enforcement and they would act on it as they were given until the end of November, 2007. Commissioner Mendoza requested that meetings be held after January 10s'' 2007, because he would be on vacation and he did not want to miss any reviews. Agenda Item No. Page of PAGE 12 -PLANNING COMMISSION MINUTES -December 19, 2006 Director of Community Development Pxeisendanz said that he did not need to worry about the meetings. Vice Chairman Gonzales asked if all the buildings that had balloons going up had to have permits. Director of Community Development Pxeisendanz said that each individual business can get a balloon permit. He said they can have them up fox 30 days and down fox 60 days. He discussed requirements fox having balloons up at businesses. ADJOURNMENT THERE BEING NO FURTHER BUSINESS, C O'NEAL ADJOURNED THE MEETING AT 7:17 PM ON DECEMBER 200 O'Neal, Respectfully Submitted, Kristine Herrington Office Specialist III ATTEST: Rolfe Pxeisendanz, Director of Community Development Agenda Item No. Page of