Loading...
HomeMy WebLinkAbout01-15-2008 NAH Ii II II w_","~~1~~r:t""6'-' ;~'J'\; -"..J>~"., MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 15, 2008 CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the meeting to order at 6:15 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI ABSENT: NONE STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director/City Engineer Seumalo, Associate Planner Carlson, Associate Planner Resendiz, Planning Consultant Coury, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Aaenda Items) Donna Franson, resident, spoke of the Citizens Committee's quarterly meeting to be held on January 31, 2008 at 7:00 p.m. at the Tuscany Hills Recreation Center. She stated the topic would include 'What does 2008 have in store for our City", "How will the downturn in housing and business development affect our City" and 'What plans are in the offering for the City". PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NOS. 1 & 2. The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes of the Followina Meetina(s) 1 n n n Regular Planning Commission Meeting for December 18, 2007 Recommendation: Approve as submitted. 2. Minor Desiqn Review of a Sinqle-Familv Residence located at 29376 Turnbull 'Recommendation: Approval. It was motioned by Commissioner Flores, seconded by Commissioner Mendoza to approve Consent Calendar Items 1 and 2. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLl NONE NOES: ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING ITEM/51 3. Commercial Desiqn Review No. 2007-17 and Conditional Use Permit No. 2007-03 Chairman O'Neal opened the Public Hearing at 6:18 p.m. Planning Manager Weiner provided the Commission with an overview of the project. He indicated the applicant was present and would be available to answer any questions the Commission may have. Chairman O'Neal asked the applicant if he has read and agreed to the Conditions of Approval. Lon Bike, architect, indicated he has read and agrees with the Conditions of Approval. Juan Hernandez, resident, spoke in favor of the project. He stated the car wash would be very helpful and would provide jobs to the community. April Moore, resident, spoke in favor of the project. She stated she is pleased to see the recommendation is for approval. She indicated she is excited that it would become a full service car wash and provide revenue for the City. 2 11 Harvey Harper, resident, spoke in favor of the project. He indicated the City needs businesses such as the car wash to bring revenue to the City and would like to see the project approved. Robert Slaughter, resident, spoke in favor of the project. He indicated he would like to see the car wash approved because the prices of other car washes in the area are too expensive. He indicated that Rio Car Wash is friendly competition for the Lake Car Wash and would like to see the project approved. Jacque Coonan, resident, spoke in opposition of the project. She stated, with the increase of the business in the area, it would make her and her husband uncomfortable. She indicated she moved to the area because it was a small family environment and she likes the park in the area. She indicated, the car wash might bring loitering to the nearby park and this makes her feel uneasy. Joe Rivas, resident, spoke in favor of the project. He stated he would like to see the car wash approved. Daryl Hickman, resident, spoke neutrally of the project. He indicated his concerns with the employee parking. He noted the owner is going to increase the number of employees and would not want to see the employees parking their cars on the neighboring streets. n Oscar Valenzuela, resident, spoke in favor of the project. He indicated he attended the meeting that was held on behalf of the Rio Car Wash and felt the car wash would benefit the City and would like to see.it approved. Jay Block, resident, spoke in favor of the project. He thanked the owner of the project for investing a business in their community and for providing the community a nice car wash. He indicated the parking issues would probably be worked out and stated the owner should be appla"uded for investing in the City's community. Robin Greene, resident, spoke in favor of the project. He indicated the location is a convenient place for a car wash as it is located near a freeway entrance. He requested the Commission to approve the CUP as the City needs more than just one car wash. Nashat Damman, owner, stated he and his family are planning on moving to the City. He thanked the Commission and staff for their support. He also thanked the residents who attended the Commission and spoke on behalf of his project. He addressed the parking issue for the employees and the customers and stated it would not be an issue. n Chairman O'Neal asked the owner if he owned other car washes. Mr. Damman indicated he owns Jeanie Car Wash in EI Cajon. Elias Khawam, owner of Circle K/Shell Gas Station, spoke in favor of the project. He indicated he attended the meeting to support the car wash. He stated he spoke with Tom Grady, the owner of Lake Car Wash and indicated he tired to address his 3 n concerns of opening another car wash that is close to his location. He assured Mr. Grady that competition is good and everyone would win. Tom Grady, owner of Lake Car Wash in Lake Elsinore spoke in opposition of the project. He indicated the project does not comply with the General Plan and Specific Plan for the Canyon Hills/Summerhill area. He indicated the Staff Report failed to account for the negative significant effects on the environment and cumulative traffic impact, the proposed changes to the supplemental EIR. He stated the project would add significant traffic congestion and noise pollution to a residential neighborhood, and indicated the current proposal contains no condition that adds employee facilities. He forwarded the Commission a copy of the original proposal from Abbacy Development where their only plan was to develop an exterior car wash that did not require employees. He requested the Commission to deny the approval of the CUP request. Emilio Flores, resident, spoke in favor of the project. He indicated he has driven by the location of the project and noted there wasn't any traffic in the area. He requested the Commission to approve the project. Chairman O'Neal closed the Public Hearing at 6:41 p.m. n Chairman O'Neal inquired about the changing from a self service to a full service car wash and asked if it would have an impact on the EIR. Director of Community Development Preisendanz indicated staff conducted an analysis which concluded the project was consistent with the previous environmental review. Chairman O'Neal inquired about the traffic and environmental study, and if there was a difference between the two car washes. Director of Community Development Preisendanz indicated there wasn't any traffic or environmental differences between self service and full service car washes. Commissioner Zanelli spoke of the concerns with traffic, parking and the lack of employee facilities. He indicated, when the project was first designed, it was suitable for its original intention and suggested offering a Temporary Conditional Permit for a period of one year, and then reviewing the results at the end of the year. n Deputy City Attorney Santana indicated the City's Code does not allow for a Temporary Conditional Use Permit, because the permit runs with the land. She indicated if the CUP is revoked in the same manner, the CUP would remain with the land. Commissioner Zanelli indicated that when a developer builds a project, the developer should follow through with their plan. He indicted he does not support the project. 4 n Director of Community Development Preisendanz indicated their determination on CEQA was based primarily on the additional Conditions of Approval the City set on the project and clarified those additional restrictions to the operation. Commissioner Flores indicated staff has looked at all issues including environmental, parking and the areas of concern. He indicated he approves the project based on the information that was brought forward. Commissioner Mendoza asked Mr. Grady what year the Lake Car Wash was built. Mr. Grady stated the car wash was built in 1988. Commissioner Mendoza asked what the population was in 1988. Planning Manager Weiner indicated in the year 2000, the population was 28,000 and is currently just under 52,OpO. Commissioner Mendoza indicated the City's population has grown significantly and has reviewed the project very closely. He made reference to the Abbacy Holding Corporation Business Plan and indicated the new owner should adhere and abide by the new conditions set forth on them. n Vice Chairman Gonzales noted his concerns with the stacking of cars coming into the car wash. Mr. Damman indicated once the vacuum area is relocated, the car wash line would hold at least nine cars and would wash approximately 14 to 16 cars per hour. Vice Chairman Gonzales asked if there would be a detailing area. Mr. Damman indicated detailing would be handled under the canopy. Chairman O'Neal asked if there would be a waiting area for customers and what is the square footage. Mr. Damman indicated the waiting room is 290 square feet which would accommodate up to 16 customers. Chairman O'Neal asked if there would be an employee lounge. n Mr. Damman indicated there are two rooms for the employees to utilize. He stated one is 90 square feet and the other is attached to the detailing area which is about 200 square feet. Mr. Grady indicated if nine cars were in the vacuum area, it would turn into a bottle neck and cars would back-up into the street and employees would loiter in the nearby park during the rainy season. Chairman O'Neal asked staff if there is a State regulation of how large a room or space is supposed to be for employees. 5 n Planning Manager Weiner indicated he is not aware of any State regulation by OSHA that may have certain requirements. Director of Community Development Preisendanz indicated he would check the International Building Code that was adopted in January 2008 and would advise the Commission. Chairman O'Neal indicated he has a few issues and therefore would not vote in favor of the project. It was motioned by Commissioner Mendoza, seconded by Commissioner Flores to adopt Resolution No. 2008-02, approving Conditional Use Permit No. 2007-23. The vote resulted in the following: AYES: VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA NOES: CHAIRMAN O'NEAL COMMISSIONER ZANELLI n ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Flores to adopt Resolution No. 2008-03, recommending to the City Council approval of Commercial Design Review No. 2007-17. The vote resulted in the following: AYES: VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA NOES: CHAIRMAN O'NEAL COMMISSIONER ZANELLI ABSENT: NONE ABSTAIN: NONE n Chairman O'Neal recessed the Planning Commission at 7:09 p.m. and reconvened the meeting at 7:20 p.m. 4. Uniform Sian Proaram No. 2007-08 6 n n n Chairman O'Neal opened the Public Hearing at 7:21 p.m. Associate Planner Carlson provided the Commission with a brief overview of the project. Chairman O'Neal closed the Public Hearing at 7:22 p.m. Commissioner Flores had no comments. Commissioner Mendoza had no comments. Vice Chairman Gonzales asked staff when the construction would begin. Associate Planner Carlson did not have a date that construction would begin. Commissioner Zanelli stated the design is nice and noticed that grading has already begun. It was motioned by Vice Chairman Gonzales, seconded by Commissioner Zanelli to adopt Resolution No. 2008-04, approving Uniform Sign Program No. 2007-08. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 5. Spvqlass Ranch Specific Plan Chairman O'Neal opened the Public Hearing at 7:25 p.m. Associate Planner Carlson provided an overview of the project. He recommended approval of the project based on the Findings and is subject to the Conditions of Approval. He noted changes to Condition Nos. 13A, 13C, 130, 13F and 22 which he read into the record. 7 n Public Works Director/City Engineering Manager Seumalo noted changes to Conditions No. 24, 35, 39, 45, 46, 49, 69, 75, 81 and delete Conditions Nos. 60 and 71. Chairman O'Neal requested the applicant to approach the podium. Eric Lunde, applicant, indicated they concur with staffs recommendation to include the changes to the Conditions of Approval. He indicated Conditions 90-95 to have language added to include "or another maintenance entity approved by the City". Director of Community Development Preisendanz indicated he spoke with the Ray Gonzales the Director of Community Services and he has agreed to the changes to Conditions 90-95. Eric Lunde spoke of Condition No. 96 which requests an additional 2.5 acre park added to the plan. Director of Community Development Preisendanz spoke with the Director of Community Services which indicated the applicant has agreed to pay in-lieu park fees and the park could be provided at another location. n Eric Lunde spoke of the benefits the project would provide such as roof tops to Main Street which has been a main focus. He indicated the project would allow the City to meet their current housing needs. Donna Franson asked if the owners of the house on top of the hill known as "Johnny Weissmuller's House" would consider having the house become an historic monument and could be used by the City. Chairman O'Neal closed the Public Hearing at 7:44 p.m. Commissioner Mendoza spoke of the verbiage on the Residential/Commercial. Eric Lunde indicated some of the other projects in the area don't achieve the density that they are hoping for, then the corner wouldn't be as much interest to a commercial developer. Commissioner Mendoza inquired about the road connections. Eric Lunde stated it is his understanding that when the General Plan Update goes through, the circulation element would be revised to reflect the road alignments. Vice Chairman Gonzales inquired about Elsinore Hill Road. n Eric Lunde indicated Elsinore Hills Road would be a continuation from Rosetta Canyon through the tract to the north. Vice Chairman Gonzales asked if they have had a chance to speak with Ruth Atkins who is president of the Historical Society. 8 n Eric Lunde indicated "No." Commissioner Flores noted that he would have liked to see more parks. He asked the developer what type of play-ground equipment would be provided for the park. Eric Lunde stated the parks would be geared for the younger children, such as tot lots, volleyball or basketball courts. He stated the more intense use would go towards the regional park. Chairman O'Neal spoke of looking into having more "green" design. He requested the applicant to address what they were planning for "green" design. Eric Lunde indicated solar would be looked into when designing the houses. He spoke of water conservation on the landscaping. He indicated the sites are really site specific and would not be determined at this time. It was motioned by Vice Chairman Gonzales, seconded by Commissioner Zanelli adopting Resolution No. 2008-05, recommending to the City Council adoption of Findings that the project known as Spyglass Ranch is consistent with the Western Riverside Multiple Species Habitat Conservation Plan. The vote resulted in the following: Ii AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to adopt Resolution No. 2008-06, recommending that the City Council certify Environmental Impact Report No. 2007-01. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI n NOES: NONE 9 n ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Zanelli, seconded by Commissioner Mendoza adopting Resolution No. 2008-07, recommending to the City Council approval of General Plan Amendment No. 2005-06. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Ii It was motioned by Commissioner Mendoza, seconded by Commissioner Flores, adopting Resolution No. 2008-08, recommending to the City Council approval of Specific Plan No. 2005-02 including the recommended changes to the Conditions of Approval. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE n It was motioned by Commissioner Zanelli, seconded by Commissioner Flores, adopting Resolution No. 2008-09, recommending to the City Council approval of Zone Change No. 2005-07. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES 10 n ~. II NOES: . COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NONE ABSENT: NONE ABSTAIN: STAFF COMMENTS NONE Public Works Director/City Engineer Manager Seumalo commented on the following: . He spoke of budget study session with the City Council on Thursday at 5:00 p.m. at the Cultural Center. . He spoke of the Capital Improvement Projects including the Franklin Street project, Central and 1-15 road improvements and the drainage improvement at Walnut and Frazier. Director of Community Development Preisendanz commented on the following: . He spoke of the General Plan Update outreach meeting and the status of the General Plan Update. PLANNING COMMISSIONERS' COMMENTS Chairman O'Neal commented on the following: . He inquired about the Housing Element and the General Plan Update and if the Housing Element was to be part of the General Plan. Director of Community Development Preisendanz indicated the Housing Element was adopted in 2002. He stated HDC gave the City a one-year extension which would give the City up to July 2008. Vice Chairman Gonzales commented on the following: . He commented on the road improvements on Franklin and Hunt Avenue. Commissioner Mendoza commented on the following: . He spoke of the projects that were discussed during the meeting and thanked staff for their great work. 11 Ii n n . He asked staff what the expected date for the golf course would open. Director of Community Development Preisendanz indicated the target date is sometime in March 2008. Commissioner Flores commented on the following: . He thanked staff for their hard work. Commissioner Zanelli commented on the following: . No comments. ADJOURNMENT It was motioned by Commissioner Zanelli, seconded by Commissioner Mendoza to adjourn to the February 5, 2008 Regular Planning Commission meeting at 6:00 P.M. located at 183 N. Main Street, Lake Elsinore, CA. 92530. /' ,,// The Planning Commission meeting adjourned at 8:09 p.m. MICHAEL 0' E , CHAIRMAN PLANNING 0 MISSION Respectfully Submitted, JtUut Q ~~ DANA PORCHE OFFICE SPECIALIST III / ATTrT: . ~ \ A.r:J- TOM WEINER ACTING COMMUNITY DEVELOPMENT DIRECTOR 12 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 5, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:15 pm. PLEDGE OF ALLEGIANCE: Vice Chair Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI ABSENT: COMMISSIONERS: Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Associate Planner Resendiz, Associate Planner Carlson, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) No request to speak. CONSENT CALENDAR ITEMS 1. Minutes Regular Planning Commission Meeting Minutes for August 21, 2007. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE MEETING MINUTES FOR AUGUST 21, 2007. PUBLIC HEARING ITEMS Chairman O'Neal opened the Public Hearing at 6:03 pm. PAGE 2 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 2. General Plan Amendment No. 2007-06, Industrial Design Review No. 2006-02, Conditional Use Permit No. 2006-02, and Tentative Parcel Map No. 33531, "Elsinore West Business Park" Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Manager Weiner to review it with the Commission and answer questions. Planning Manager Weiner provided an overview of the project. He stated that the applicant did not sign the Draft Conditions of Approval because the Fire Conditions had not been worked out yet, and the City didn't want to delay the project and staff wanted to give the applicant a chance to see them. The applicant, Michael Quirk, San Clemente, California, read and agreed with the Conditions of Approval but requested a number of Conditions be revised. The first Condition that he referred to was Condition No. 8 and requested an exception to the construction hours for the concrete pours for early morning and night time because the project is in an industrial/commercial area and does not surround any residential neighborhoods. Planning Manager Weiner stated that this would not be a problem but would like some advisement as to 24/48 hour notice as to the work being done. Mr. Quirk referred to Condition No. 15 regarding outside storage and requested storage for Building No's 2, 3, 4b, & 5. Chairman O'Neal asked what kind of outside storage he needed? Mr. Quirk stated that he needed storage for various equipment such as trucks, plumbing equipment, etc. as long as it stays below the wall and inside the interior of the gate. He indicated that he did not include this through Planning because of parking issues and stated that it didn't have to be included on the Conditional Use Permit but requested consideration by the Planning Commission for future use. Chairman O'Neal asked Planning Manager Weiner to specify designated uses Planning Manager Weiner stated that if there is going to be a Conditional Use Permit for outdoor storage, that request would have to be brought back to the Commission separately. He indicated that the City's Public Works Director had concerns about the truck turning radius. Also, staff had related concerns conditioning the project if there was going to be outdoor storage. Planning Manager Weiner said staff would work with the applicant on this. The applicant stated that this would work for him. The applicant referred to Condition No. 17 regarding Design Review expiration period, and indicated that Planning Manager Weiner said that the City is working PAGE 3 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 on an Ordinance to revise this and had concerns about the current market place and the economic conditions at the present time and they were seeking a minimum design review of eighteen (18) months and would like to request consideration for phasing of the project. Planning Manager Weiner stated that staff would be bringing forth a Text Amendment regarding time extensions. Also, staff would have to analyze a phasing plan regarding construction and vehicle circulation. The applicant asked Public Works Director Seumalo to explain Condition No. 68 and Condition No. 84 because they were both related. Public Works Director Seumalo stated that the dedication has to be consistent with the current General Plan and the City would work with the applicant regarding dedication for the proposed circulation. The applicant needed clarification on Condition No. 104 regarding participating in Public Safety and Maintenance Services CFD. Planning Manager Weiner stated that the City would work with the Finance Department for clarification on flexibility before taking the project to City Council. Chairman O'Neal closed the Public Hearing at 6:15 pm. PLANNING COMMISSION COMMENTS Commissioner Zanelli stated that he had no problem with the phased construction regarding the current market, and regarding the outdoor storage issue, he stated that as they get more tenants, the Commission can review this at that time, and would try to be as flexible as possible but there could be some limits. He also indicated that this is a good project for the area. Commissioner Flores stated that he had no problems with Condition Numbers 8 and 15, as long a staff and the applicant work together. He asked Planning Manager Weiner to clarify Condition No. 17 regarding Phasing. Planning Manager Weiner stated that in terms of Phasing, the City is agreeable to working out any phasing issues with the applicant. Commissioner Flores asked that the word "Department" be added to Department of County Fire and asked for clarification from Public Works Director Seumalo on Condition No. 56 regarding 10 year storm runoff. Public Works Director Seumalo stated that the City collects an area drainage fee that has a Master Plan Storm Drain Improvement associated with it, and when the City has enough funding for this, it will be joined with Riverside County Flood Control to implement projects. PAGE 4 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 Commissioner Mendoza asked Planning Manager Weiner if the Draft Acknowledgment of Conditions form was signed. Planning Manager Weiner stated that they were holding off because there were some late revisions to the Fire Conditions but the applicant stated that everything was agreeable and the final Acknowledgement of Conditions form would be signed at the conclusion of the Planning Commission meeting. Commissioner Mendoza stated that regarding Condition No. 8 relating to construction activity hours, he had no problems with the times of construction activity as long as it specifically related to pouring the concrete and the Conditional Use Permit would be reviewed once it goes to the Planning Commission. Vice Chair Gonzales asked the applicant when he planned on starting construction. The applicant stated within the next eighteen (18) months. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-10, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2007-12. MOVED BY ZANELLI, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-11, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY ZANELLI, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-12, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF GENERAL PLAN AMENDMENT NO. 2007-06. PAGE 5 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 MOVED BY ZANELLI, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-13, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-02. MOVED BY MENDOZA, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-14, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 33531. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-15, A 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 INDUSTRIAL DESIGN REVIEW NO. 2006-02, INCLUDING CHANGES TO CONDITION NUMBERS 8, 15, 17, 68, 84, 54, AND 104. Chairman O'Neal closed the Public Hearing at 6:24 pm. 3. Conditional Use Permit No. 2007-25, Commercial Design Review No. 2007-18 for Bank of America Chairman O'Neal opened the Public Hearing at 6:25 pm Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Miller to review it with the Commission and answer questions. Planning Consultant Miller provided an overview of the project. The owner, Glen Daigle, Oak Grove Equities, Inc., Murrieta, California, stated that the applicant, Jorge Cely read and agreed to the Conditions of Approval and indicated he was pleased with the way staff handled the project. The applicant, Jorge Cely, Gensler Architects, Newport Beach, California, read and agreed with the Conditions of Approval. PAGE 6 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 PLANNING COMMISSIONER COMMENTS Commissioner Flores had no questions. Commissioner Mendoza stated that although the project meets all of the requirements of the City, he believed there to be an over saturation of Banks going into this area and would prefer a variety of businesses there. Vice Chair Gonzales has no problem with the design of the project but doesn't want a fast food restaurant there. Commissioner Zanelli also stated that although the applicant met all of the requirements, he agreed with Commissioner Mendoza and would have preferred a Bank go in on the other side of the freeway instead of the current location. Chairman O'Neal thought this was a nice project. MOVED BY FLORES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-16, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT FINDINGS OF CONSISTANCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR CONDITIONAL USE PERMIT NO. 2007-25 AND COMMERCIAL DESIGN REVIEW NO. 2007-18. MOVED BY FLORES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-17, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-25. MOVED BY FLORES, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-18, A 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 COMMERCIAL DESIGN REVIEW NO. 2007-18. Chairman O'Neal closed the Public Hearing at 6:37 pm. PAGE 7 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 4. Residential Design Review No. 2006-08: for the Development of 7 Single-Family Dwelling Units at the Northeast Intersection of Summerhill Drive and Scenic Ridge Dries. Chairman O'Neal opened the Public Hearing at 6:36 pm Director of Community Development Preisendanz provided a brief overview of the proposed project and stated that staff is recommending that the Planning Commission deny the project based on findings that staff has made. He requested Planning Manager Weiner to review it with the Commission and answer questions. Planning Manager Weiner provided an overview of the project and stated that staff's concern was with the proposed architectural style identified by the architect as "McMansion" and indicated that originally staff asked the applicant to embellish the homes original architectural design identified as Spanish Colonial and asked the architect to provide more true to form architecture on all four (4) sides that would be closer to the Spanish Colonial architecture. When staff received the latest submittal for "McMansion" architecture, they had concerns and didn't feel that this "McMansion" was appropriate for this area and recommended denial of this project. Chairman O'Neal confirmed with Planning Manager Weiner that the term "McMansion" is a pejorative term not a style. Planning Manager Weiner stated yes. The architect, Larry Vesley, Riverside, California, gave a Power Point presentation regarding his project and indicated that this project is a 7 lot in-fill project and the goal of this development is to be compliment surrounding developments by being compatible in character, style, size, color, and materials and not to overbuild the area. He also stated that staff requested a design of the homes, and he gave them a style of "McMansion". Chairman O'Neal asked Mr. Vesley if he was a licensed architect. Mr. Vesley said yes and stated that he has had his own firm for 20 years. Chairman O'Neal asked Mr. Vesley if he labeled his project "Spanish Colonial". Mr. Vesley stated that at one time he did label the project "Spanish Colonial". Chairman O'Neal asked Mr. Vesley when he re-submitted his plans, did he label them "McMansion", and asked him what that term meant to him. Mr. Vesley indicated to Chairman O'Neal that "McMansion" means higher end, everyday mansion for the middle income family. PAGE 8 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 Chairman O'Neal asked Mr. Vesley if he understood that the definition of the word "McMansion" is a pejorative term. Mr. Vesley stated yes. REQUEST TO SPEAK Harvey Harper, Tuscany Hills in Lake Elsinore, commended staff for denying a developer a project. He stated that Tuscany Hills is considered one of the prestigious areas of Lake Elsinore and referred to it as the golden egg of Lake Elsinore, and they don't need cookie cutter homes in the area. He indicated that the architect could build nicer homes because the community will not always be as depressed as it is now, it will continue to grow and if they bring inexpensive homes in the area, it will lower the dollar value of the entire hill. If anything is going to be built there, it should be nice. The owner of the subject property, Mirey Andaya, Riverside, California, stated that they are building something better than what is currently in that area. George Bloomfield, Mission Viejo, commented that the architect seemed to be using existing architecture which may be so many years old and he thought there should be consideration for improvement and to add greater detail. Therefore, he commended the Planning Commission for making better decisions. Chairman O'Neal asked Mr. Bloomfield about his architectural background Mr. Bloomfield indicated that his father and brother are both architects, involved in design considerations with properties, and that his firm did the branding for the City of Lake Elsinore. He continued by stating that he has a vested interest in the City's image overall. Evelyn Moreno, Lake Elsinore, stated that she lives approximately 3 blocks above where the development is proposed and has seen a downfall of the community at this location. She indicated that something should be done about the empty lot, but doesn't agree with the layout of the development, and it should be a nicer looking development. Chairman O'Neal stated that the Planning Commission has been directed by the City Council to require four sided architecture, not just one sided architecture. Chairman O'Neal closed the Public Hearing at 6:48 pm. PLANNING COMMISSION COMMENTS Commissioner Mendoza stated that it looked like the "cut backs" were on the streets because he didn't see any sidewalks. He also indicated that the architectural styles were submitted on 9/06, 6/07, and 11/07, and every time they were submitted, staff had recommendations to the styles that needed to be PAGE 9 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 changed. He stated that when the architect was supposed to correct deficiencies, he re-named it "McMansion". Therefore, he concurred with staff's recommendation of denial of the project. Vice Chair Gonzales stated that he agreed with staff for denial of the project. Commissioner Zanelli stated that he agreed with staff for denial. He would like to see the applicant work with staff to agree on a design. Commissioner Flores agreed with staff for denial of the project. Chairman O'Neal stated to Mr. Vesley that although he is a skilled and talented architect, he decided that he didn't have to deal with the City of Lake Elsinore's requirements for building houses. He also indicated that none of the drawings look like Spanish architecture and after staff requested revisions to the architecture, he came back with "McMansion" architecture which is "cookie cutter' houses. Therefore, Chairman O'Neal agreed with staff for denial of the project. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO DENY RESIDENTIAL DESIGN REVIEW NO. 2006-08; FOR THE DEVELOPMENT OF 7 SINGLE-FAMILY DWELLING UNITS. 5. Zoning Ordinance Text Amendment No. 2007-01; A request to amend the Lake Elsinore Municipal Code Related to the Establishment of Planned Unit Development Overlay District Within Various Zoning Districts Citywide as Outlined in Chapter 17.37 (Planned Unit Development Overlay District) Chairman O'Neal indicated that staff recommended a continuance of this item. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO CONTINUE ZONING ORDINANCE TEXT AMENDMENT NO. 2007-01 TO FEBRUARY 19, 2008. STAFF COMMENTS Public Works Director Seumalo gave the Capital Improvement Update. Associate Planner Resendiz thanked the Planning Commission for their support. Associate Planner Miller said it's good to be back. Planning Intern Bitterolf had no comments. PAGE 10 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 Planning Manager Weiner had no comments. Associate Planner Carlson had no comments. Director of Community Development Preisendanz thanked the Planning Commission for their support and also for the Commission for their support for tonight's decision and stated that as the City brings projects forward, we are trying to raise the bar which makes the City a better place to live. Deputy City Attorney Santana had no comments. Commissioner Zanelli asked Public Works Director Seumalo what can be done about Shrier and Gunnerson being under water. Public Works Director Seumalo stated that as that something similar happened to Gunnerson and indicated that at this time there is no funding for this but he said he would assign Dave Soloman, Capital Improvement Plans Engineer to work out funding for this. Chairman O'Neal stated that since there is some controversy about the intersection at Riverside and Gunnerson, it would behoove the City to straighten the street rather than raise it. Public Works Director Seumalo stated that if the street was raised at Shrier, Gunnerson would also have to be realigned. He indicated that Cal-Trans is in the midst of designing a left turn pocket for Riverside Drive at Gunnerson and said that the City could have the signal if we took over the left turn pocket project. He stated that the City was initially excited about this because a sign is needed there. Staff was confident that we could design the signal to Cal-Trans standards within the existing right-of-way. Also, the Traffic Engineer said Cal-Trans thinks that they would have to do an oversight project and it could take years to get the project started. Commissioner Flores had no comments. Commissioner Mendoza had no comments. Vice Chair Gonzales stated that he attended the Water Crisis Meeting in Morongo last week and stated that the City needs to put smart censors at various projects so that they can control the water. Additionally, landscaping also needs to follow the guidelines. Chairman O'Neal had no comments. INFORMATIONAL PAGE 11 -PLANNING COMMISSION MINUTES -FEBRUARY 5, 2008 ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN ADJOURNED THE MEETING AT 7:03 pm. O'~Cal, Chairman Respectfully Submitted, Kris Herrington Office Specialist III ATTEST: Rolfe M. Preisend z, Director of Community Development MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 19, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:15 pm. PLEDGE OF ALLEGIANCE: Commissioner Flores led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI ABSENT: COMMISSIONERS: Also present were: Planning Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Planning Consultant Donahoe, Associate Planner Carlson, Planning and Office Specialist Herrington. PUBLIC COMMENTS INon-Agenda Items) No request to speak. CONSENT CALENDAR ITEMS 1. Minutes Regular Planning Commission Meeting Minutes for September 4, 2008. MOVED BY FLORES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE MEETING MINUTES FOR SEPTEMBER 4, 2008. PAGE 2 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 PUBLIC HEARING ITEMS 2. Conditional Use Permit No. 2007-17/Riverside Recovery Resources Planning Manager Weiner provided a brief overview of the proposed project and requested Associate Planner Carlson to review it with the Commission and answer questions. Associate Planner Carlson provided an overview of the project, and stated that staff recommended denial of the project to the Planning Commission because the applicant did not provide to staff a professionally conducted Parking Study which would justify acceptable levels of off-street parking in spite of providing less than the required number of parking spaces. The applicant, Derrick Bruce Harvey, Executive Director of Riverside Recovery Resources provided a presentation to the Planning Commission. Mr. Harvey stated that Riverside Recovery Resources was founded in 1986. The facility provides alcohol and other drug prevention, intervention, education, and rehabilitation services to members of the community on an out-patient basis. Although he indicated that the facility is in a good location, the parking issues need to be addressed. Hugh Mosbacher, property owner, stated that Riverside Recovery Resources is a good program. He indicated that it is in an ideal location with the exception of the parking availability but they are working on options for parking. Mr. Mosbacher requested a continuation of the project until they can get the proper documentation for the parking. Ann who did not state her last name indicated that she started the program approximately twenty (20) years ago and also stated that they have a very good reputation. Chairman O'Neal closed the Public Hearing at 6:19 pm PLANNING COMMISSION COMMENTS Commissioner Zanelli thanked the applicant and the owner for their presentations and suggested to the applicant to continue the project so that he could provide the appropriate Parking Study. Commissioner Flores thanked the applicant and the owner for their presentation and stated that he knows some individuals that have the completed the program and they said they were very satisfied with the services that Riverside Recovery Resources provided to them. Commissioner Flores stated that the facility is in an excellent location and suggested a continuance of the project if staff and the applicant are able to work out the parking conditions. PAGE 3 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 Commissioner Mendoza thanked the applicant and the owner for their presentations. He stated that programs such as this are needed, and knows individuals that have participated in the program and have completed it successfully. He asked Associate Planner Carlson if the Parking Study was the only incomplete item. Associate Planner Carlson stated yes. Commissioner Mendoza asked Planning Manager Weiner if the City is able to get a prorated Parking Study for the project since it is anon-profit organization. Planning Manager Weiner deferred the question to Public Works Director Seumalo. Public Works Director Seumalo stated that the City has resources available to assist the applicant with a Parking Study. Commissioner Mendoza stated that he agrees with his fellow Commissioners regarding a continuance of the project until the Parking Study issue is resolved. Vice Chair Gonzales indicated that he went by the project and stated that it is not possible for additional parking at the facility but agreed with the applicant and owner regarding coordinating with their neighboring businesses for additional parking for the facility. Commissioner Gonzales also asked the applicant if they were going to be removing the two (2) storage bins from the location. The applicant stated yes. Commissioner Gonzales asked the applicant if he was going to be moving out of the Administrative Offices at the School District located at 600 3`d Street. The applicant stated that they are transferring the classes to the new location in Lake Elsinore. Commissioner Gonzales stated that the facility is located in a good location Chairman O'Neal asked the applicant if there were other Riverside Recovery Resource Facilities in other Cities in Riverside County. The applicant stated that they are serving approximately 800 people in various facilities throughout Western Riverside County. Chairman O'Neal asked why Riverside Recovery Resources, if it is such a large Corporation, can't pay for a Traffic Study. The applicant stated that they are anon-profit organization and the services that they provide are to folks that don't have the ability to pay. The funding comes primarily from the County and the State, who have recently cut funding by 10%. PAGE 4 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 He indicated that they are struggling to keep their doors open because the funding for this program is very limited and the Parking Studies that he looked into were unaffordable. Chairman O'Neal asked Public Works Director Seumalo if there were any programs available for their organization. Public Works Director Seumalo stated that the staff would research reasonable rates for the applicant and forward to them to him. Chairman O'Neal wanted to clarify with the applicant that he does understand their mission and the service that they do provide for the community and he does share the applicant's desire to serve the community but he is following the guidance of City Council in terms of meeting Municipal Code guidelines. MOVED BY FLORES, SECONDED BY 2ANELLI AND PASSED BY A VOTE OF 5-0, TO CONTINUE CONDITIONAL USE PERMIT NO. 2007-17, (RIVERSIDE RECOVERY RESOURCES) TO MARCH 4, 2008. 3. Residential Design Review No. 2005-24, Amendment No. 1 for "Trieste" (TTM 34231) Chairman O'Neal opened the Public Hearing at 6:32 pm. Planning Manager Weiner provided a brief overview of the proposed project and requested Planning Consultant Donahoe to review it with the Commission and answer questions. Planning Consultant Donahoe provided an overview of the project and stated that staff is recommending denial of the project. Ms. Donahoe indicated that staff finds that the applicant's proposed changes to the project drastically reduces the quality and attractiveness of the original project which was previously presented to and approved by the Planning Commission and City Council. Deputy City Attorney Santana referred to page 5 of 9 of the Staff Report regarding staffs recommendation and stated that the paragraph should read "staff recommends that the Planning Commission recommend that City Council deny the Residential Design Review." The applicant, Brian Phelps, Senior Project Manager of MBK Homes, Irvine, California, stated that they started the project in early 2006 and by the middle of 2007 the prices and values had dropped between $80,000 to $90,000 per unit and they are continuing to drop. He indicated that they would like to move forward with the project but in order to do so, they have to make cuts and changes and they directed those changes to the exterior elevations to make the product more affordable. PAGE 5 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 REQUESTS TO SPEAK George Bloomfield, Mission Viejo, California, stated that Lake Elsinore has a lot of pride in terms of the quality of product they are trying to build and indicated that the proposed project is on Hwy. 74 so it is a main thoroughfare and is representative to the City for many people going through. He said that the people that are impacted by this proposal are the residents who do live and would look at the homes and would have to accept a lower quality home. He stated that he doesn't think it's the City's responsibility to take the aesthetic hit in lieu of profit for the developer. A gentleman that did not give his name who is the business owner of an establishment across the street from the proposed project said he supports the project and indicated that it will help his business. Chairman O'Neal closed the Public Hearing at 6:49 pm PLANNING COMMISSION COMMENTS Commissioner Flores stated that he reviewed the project and noted that there were minor differences on the exterior of the homes but stated that the problem that he had was that the plans that were initially submitted were approved without the changes. He said that Rosetta Canyon is one of the "Star" housing developments on Hwy. 74 and would like to see that continue. He said he would like to see the applicant's houses being built but he would like them built according to staffs recommendation and suggested working with staff to work out the indifferences and continuing the project. Commissioner Mendoza stated that the City is not going to lower their standards or expectations due to the present economy. He suggested to the applicant that prior to coming to the Planning Commission, he should work out any and all deficiencies and if that doesn't work for the applicant than is said he is in agreement with staff to deny the project. Vice Chair Gonzales asked the applicant what kind of internal changes would be made since he is making changes externally. He also asked the applicant when he was going to start building the houses. The applicant stated that if the City Council approves the project, it will be approximately two (2) years or longer before the homes can be built because of the current economy. Commissioner Gonzales stated that he agrees with staff regarding denial of the project. Commissioner Zanelli stated that he supports staffs recommendation regarding denial of the project and said that he appreciates the applicant's financial PAGE 6 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 concerns but he is concerned with the long term future of the City and what it will develop into. Chairman O'Neal stated that the applicant did make significant revisions to the project and suggested that the applicant work with staff again regarding the design of the project. The applicant stated that he met with staff three (3) times regarding the design of the project and indicated that they were at a loss when it was denied because correspondence from staff suggested that it was moving forward. Chairman O'Neal stated again to the applicant that he would like to see the project move forward and suggested working with staff but indicated to the applicant that it is up to him. The applicant said he couldn't comment at that time and would have to take it back to Tim Kane who is the President of MBK Homes to see what direction to go. Chairman O'Neal stated to the applicant that he has fifteen (15) days to appeal any action of the Planning Commission recommends. Commissioner Zanelli asked the applicant if an extension to the project would help him. The applicant stated that they already had one (1) extension. Commissioner Zanelli asked Planning Manager Weiner if the applicant could get another one (1) year extension. Planning Manager Weiner stated that staff would have to present an extension request to the City Council and if they find it acceptable then they can grant an extension. Commissioner Zanelli asked the applicant if this would be acceptable to him The applicant stated yes. Commissioner Mendoza asked the applicant if he was the decision maker on the project. The applicant stated that he is the Senior Project Manager and their company works as a "Committee" with the President of the company. Commissioner Mendoza stated to the applicant that if the President of the Company chooses not to attend the meeting and explain his desires, then it must not be important enough for him to be present for any decisions made, and recommended denial of the project. PAGE 7 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 Commissioner Zanelli suggested extending the original design approval for another year. Planning Manager Weiner said if this is the direction that the applicant would like to take then the applicant needs to turn in a formal application to the City Council to get the extension approved. Chairman O'Neal asked Planning Manager Weiner if it is possible to recommend denial of the project and if the applicant wishes to extend the project, would the City Council entertain this notion? Planning Manager Weiner said that this would be acceptable. Commissioner's Mendoza, Zanelli, Flores and Vice Chair Gonzales stated that this would be acceptable to them. MOVED BY ZANELLI, SECONDED BY FLORES AND PASSED BY A VOTE OF 4-1, TO RECOMMEND DENIAL WITH THE RECOMMENDATION THAT THE CITY COUNCIL GRANT A ONE YEAR EXTENSION OF THE RESIDENTIAL DESIGN REVIEW NO. 2005-24, AMENDMENT NO. 1 FOR "TRIESTE". 4. Zoning Ordinance Text Amendment No. 2007-01; A request to amend the Lake Elsinore Municipal Code relative to the establishment of a Planned Unit Development (PUD) Overlay District within various Zoning Districts Citywide as outlined in Chapter 17.37 (Planned Unit Development Overlay District). Planning Manager Weiner provided a brief overview of the proposed project and requested Associate Planner Carlson to review it with the Commission and answer questions. Associate Planner Carlson provided an overview of the project. Chairman O'Neal closed the Public Hearing at 7:14 pm. PLANNING COMMISSION COMMENTS Planning Commissioner Mendoza stated that he approves the adoption of a Planned Unit Development (PUD). Vice Chair Gonzales is in favor of the PUD. Commissioner Zanelli had no comments. PAGE 8 -PLANNING COMMISSION MINUTES -FEBRUARY 19, 2008 Commissioner Flores asked Planning Manager Weiner if the Draft Ordinance is for existing residences. Planning Manager Weiner stated that it won't affect any existing projects, it is for new projects coming in. He indicated that the PUD gives the City flexibility to streamline various developments and there has to be a 500 acre site or above to implement a Specific Plan so if it is less than 500 acres a Specific Plan can't be done, the PUD is a good alternative to get the project through if it is a good project. Commissioner Flores asked Planning Manager Weiner if the PUD provides assistance to the new community. Planning Manager Weiner said it is possible and stated that if they are in the City, they can benefit from the PUD but the General Plan still dictates and this is just a mechanism to facilitate certain developments. Chairman O'Neal noted that the City of Murrieta does not have a PUD. Associate Planner Carlson stated that they do not have a traditional PUD MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-19, A 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 2007-01 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFORE. STAFF COMMENTS Public Works Director Seumalo gave the Capital Improvement Update. Planning Consultant Donahoe had no comments. Planning Manager Weiner stated that Rite Aid on Machado was approved and they will be having a Grand Opening in the next couple of days. Deputy City Attorney Santana had no comments. PLANNING COMMISSION COMMENTS Commissioner Zanelli asked Planning Manager Weiner why the Strip Mall across from Stater Bros on Lakeshore Drive hasn't been occupied yet. PAGE 9 -PLANNING COMMISSION MINUTES -FEBRUARY 19. 2008 Planning Manager Weiner stated that this the Corman Leigh project near Viscaya and there is occupancy approvals in all of the buildings. Commissioner Flores had no comments. Commissioner Mendoza had no comments. Vice Chair Gonzales had no comments. Chairman O'Neal had no comments. INFORMATIONAL ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN ADJOURNED THE MEETING AT 7:21 pm. Michael Respectfully Submitted, ~~ Kris Herrington Office Specialist III ATTEST: Rolfe M. Pr sendanz, Director of Community Development MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 4, 2008 CALL l"O ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:08 pm. PLEDGE OF ALLEGIANCE: Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI ABSENT: COMMISSIONERS: Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Planning Consultant Miller, Associate Planner Carlson, Planning Consultant Coury, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) No request to speak. CONSENT CALENDAR ITEMS Minutes Regular Planning Commission Meeting Minutes for February 5, 2008. MOVED BY ZANELLI, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE MEETING MINUTES FOR FEBRUARY 5, 2008. PAGE 2 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 PUBLIC HEARING ITEMS 2. Conditional Use Permit No. 2008-05 and Industrial Design Review No. 2007-02 for the project known as "Pasadena Business Park" Chairman O'Neal opened the Public Hearing at 6:09 pm. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Miller to review it with the Commission and answer questions. Planning Consultant Miller provided an overview of the project and handed out revisions to Condition Numbers 3 and 42 of the Conditions of Approval to the Commission. The applicant, Steve Rawlings, Murrieta, California, read and agreed with the amended Conditions of Approval. He indicated that there was a communication error with sizing on some of the lots. He said they did have a land survey done by a licensed land surveyor and there was a discrepancy on some of the square footages. He stated that it would not be a problem to meet the thirty five (35%) FAR and indicated that he would present the necessary documentation to Public Works Director Seumalo to verify the square footage on the lots. REQUEST TO SPEAK None Chairman O'Neal closed the Public Hearing at 6:15 pm. PLANNING COMMISSION COMMENTS Planning Commissioner Zanelli thanked the applicant for the additional parking places and additional percentage of landscape coverage. Commissioner Flores concurred with Commissioner Zanelli and stated that Planning Consultant Miller did an outstanding job on the project and also thanked the applicant for the accommodation for parking as well as the landscape area. Commissioner Mendoza concurred with his fellow Commissioners and stated to the applicant that it is always refreshing when someone comes into the City and exceeds their basic requirements. Vice Chair Gonzales concurred with his fellow Commissioners Chairman O'Neal had no comments. PAGE 3 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-20, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY GONZALES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-21, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-05. MOVED BY GONZALES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-22, A 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 INDUSTRIAL DESIGN REVIEW NO. 2007-02. 3. Conditional Use Permit No. 2008-04, and Industrial Design Review No. 2007-01, for Corydon Business Park Chairman O'Neal opened the Public Hearing at 6:18 pm. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Coury to review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project. He indicated that Condition No. 31 is to be added into the Conditions of Approval and read the Condition. Chairman O'Neal requested clarification from Public Works Director Seumalo regarding other Conditions. Public Works Director Seumalo stated that there was a revision to Condition No. 56 regarding right of way construction, and the applicant requested that Condition No. 69 be deleted. He indicated that staff was in agreement with the deletion. PAGE 4 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 The applicant, Norman Brody, North Hollywood, California, stated that they have a decent project and thinks the City will be happy with it. He thanked the Planning Commission for considering the project and indicated that he has been in town and had the site in the back for 32 years. REQUESTS TO SPEAK David Currington, Engineering Solutions, Canyon Lake, California, indicated that he was happy to answer any questions the Commission had about the project. Chairman O'Neal closed the Public Hearing at 6:25 pm. Commissioner Flores indicated that he went by the project and it looked very nice. He requested a change be made on the plans referring to the Utility Water Purveyors to state "Elsinore Valley Municipal Water District" instead of "Eastern Municipal Water District" before going to the City Council. Director of Community Development Preisendanz stated that the changes would be made on the plans before it goes to the City Council. Commissioner Mendoza requested clarification from Public Works Director Seumalo on Condition No. 69 regarding drainage and if there are heavy rains, how could that affect adjacent properties. Public Works Director Seumalo stated that the property is permeable ground, the pavement and roofing of the building is not permeable and the drainage is increased. He spoke to the applicant's engineer and stated that staff is comfortable with the detention system that is in place and it has the capacity to handle the new development. He indicated that staff looks at it under one hundred (100) year storm event. Chairman O'Neal requested clarification regarding the detention basin. Mr. Brody stated that they have a detention basin which is huge and have provided a "State of the Art" filtering system with a five (5) thousand gallon tank with two pumps in case one of the pumps malfunctions. Chairman O'Neal asked if the water gets disbursed over the entire building site. Mr. Brody explained how the water gets disbursed. Commissioner Mendoza wanted to confirm with the applicant that if there were any flaws or deficiencies in the system that they are responsible for repairs. He also indicated that it is a great project. Vice Chair Gonzales stated that he liked that the project had a recycled water system. PAGE 5 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 Commissioner Zanelli stated that he appreciates that the applicant went above and beyond the requirements regarding the water system and the landscaping. Commissioner Zanelli asked Public Works Director Seumalo to clarify Condition No. 56. Public Works Director Seumalo clarified Condition No. 56 and stated that the applicant shall have an option to pay in lieu fee for street improvement per Engineer's estimate. Commissioner Zanelli stated that it is a great looking project and he looks forward to the completion. MOVED BY GONZALES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-23, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL PROJECT NO. 2007-01 IS CONSISTANT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. MOVED BY ZANELLI, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-24, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-04. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-25, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2007-01 INCLUDING CHANGES TO CONDITION NO'S 31, 56, AND 69. 4. Conditional User Permit No. 2007-17 for Riverside Recovery Resources Chairman O'Neal stated that staff recommended continuance. PAGE 6 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO CONTINUE CONDITIONAL USE PERMIT NO. 2007-17 FOR RIVERSIDE RECOVERY RESOURCES OFF CALENDAR. BUSINESS ITEMS 5. Uniform Sign Program No. 2007-07 "Lake Elsinore Outlet Stores" Chairman O'Neal stated that the staff recommended continuance. MOVED BY GONZALES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO CONTINUE UNIFORM SIGN PROGRAM NO. 2007-07 "LAKE ELSINORE OUTLET STORES" OFF CALENDAR. STAFF COMMENTS Public Works Director Seumalo gave the Capital Improvement Update. He also indicated that Commissioner Zanelli had previously asked him about the gas connection distance and he said he called the Gas Company but had not received an answer back at that time. Public Works Director Seumalo indicated that he had the chance to play golf at the Links at Summerly Golf Course with two other staff members and said it was great and the Grand Opening is this Friday. Director of Community Development Preisendanz commented that City Manager Bob Brady, Mayor Daryl Hickman, and Councilman Thomas Buckley are in Washington DC to get funding for various City projects and will be back on Wednesday. PLANNING COMMISSION COMMENTS Commissioner Zanelli had no comments. Commissioner Flores had no comments. Commissioner Mendoza thanked the staff for their help. Vice Chair Gonzales asked Public Works Director Seumalo if he was aware of the difficulty of the Rite Aid left turn lanes and getting in and out of the parking lot. Public Works Director Seumalo stated that the street improvements for the project weren't completed but they were encouraged by the City to do them as well as their dedication. He indicated that they are aware of the Conditions and PAGE 7 -PLANNING COMMISSION MINUTES -MARCH 4, 2008 are concerned about how to resolve them. He explained how engineering would resolve the problem with the left turn lanes. Chairman O'Neal thanked Planning Consultant Coury and Public Works Director Seumalo for their patience regarding some issues that he brought to them regarding a few projects and thanked them for their support. INFORMATIONAL wry Inl l~uuruT f\I IA I ICI111 Il~LVII Office Specialist III ATTEST: Rolfe M. Preisendanz, Director of Community Development n n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 18, 2008 CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI ABSENT: NONE PUBLIC COMMENTS Paul Feeney, properly owner on Lakeshore, spoke of the necessity of having a permit to do anything on his property. Director of Community Development Preisendanz addressed Mr. Fenney's concerns. He indicated staff is currently working on the Lakeshore Overlay are and is looking into making changes for private use on the area. He indicated, as a property owner, he would receive a notice as to when there would be a Public Hearing regarding the subject. STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director/CityEngineer Seumalo, Associate Planner Resendiz, Associate Planner Carlson, Planning Consultant Coury, Planning Technician Miller, Planning Technician Bitterolf, and Office Specialist Herrington. 1 n n n PLANNING COMMISSION APPROVES CONSENT CALENDAR. ITEMS NOS. 1 THROUGH 3. EXCULSIVE OF ITEM NO.4 The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes of the Followina Meetina(s) Regular Planning Commission Meeting for February 19, 2008 Recommendation: Approve as submitted. 2. Minor Desian Review of a Sinale-Familv Residence located at 29855 Reid Street Recommendation: Continuance. 3. Minor Desian Review of a Sinale-Familv residence located at 340 Chestnut Street Recommendation: Continuance. 4. Minor Desian Review of a Sinale-familv Residence located at 29880 Reid Street Recommendation: Consent Item No.4 was pulled by Chairman O'Neal It was motioned by Commissioner Zanelli, seconded by Commissioner Mendoza to approve Consent Calendar Items 1 through 4 exclusive of Item No.4 The following vote resulted: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Minor Desian review of a Sinale-Familv Residence located at 29880 Reid Street Jose Gonzales, applicant, spoke of the fire hydrant on property which he requested to relocate due to the location. 2 n Public Works Director/City Engineering Manager Seumalo stated staff would need to see an exhibit prior to approval. Jose Gonzales, requested clarification on the hours of work. Director of Community Development Preisendanz indicated the City's Noise Ordinance prohibits construction during weekends and holidays. Commissioner Flores pointed out to the applicant the Engineer's stamp on the plans expire in one month. He also requested language added to the Conditions of Approval addressing the sewer connection. Planning Technician Bitterolf indicated there is sewer on Reid Street and the applicant has agreed to connect to the sewer. He indicated, in order to further clarify, he suggested adding Condition #67 that would read: "Prior to occupancy the applicant shall connect to sewer and pay all applicable fees to the appropriate agency. n It was motioned by Commissioner Zanelli, seconded by Commissioner Mendoza to waive further reading and adopt Resolution No. 2008-26, approving a Minor Design Review for a single family dwelling unit located at 29880 Reid Street, to include the added Condition of Approval. n AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING ITEM(Sl 5. Conditional Use Permit No. 2007-18 and Commercial Desian Review No. 2008-06 for a "Tackle and Bait" ShOD Chairman O'Neal indicated the item before the Commission is recommended for a continuance. He opened the Public Hearing at 6:18 p.m. He requested public speakers to approach the podium. n There being none, Chairman O'Neal requested a motion. 3 n It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to continue Conditional Use Permit No. 2007-18 and Commercial Design Review No. 2008-06 for a "Tackle and Bait" Shop to the April 1, 2008, Regular Planning Commission meeting. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 6. Conditional Use Permit No. 2007-21 & Minor Desian Review for the Thielen Boat House" n Chairman O'Neal opened the Public Hearing at 6:19 p.m. Associate Planner Carlson provided the Commission with a brief presentation of the project. He indicated staff had determined that the project is not consistent with the Lakeshore Overlay Zoning District. He indicated based on Findings, staff recommends denial of the project. He noted the applicant was present. Terry Thielen, applicant, indicated his project meets the design that follows the Commission's requirements. He stated, under permitted uses, it would be used as a boat rental facility and indicated it could not be seen from the street or from across the lake. Tim Fleming, resident, provided the Commission with a signed statement by Mr. & Mrs. Bootsma, which provided Mr. Fleming to speak on their behalf. Tim Fleming indicated that he supports staffs recommendation on the denial of the project. Dennis Fahey, resident, spoke in favor of the project. He also stated he felt the property owners along the lake do not get respect and the camping is out of control. n Chris McKoy, business owner spoke of the value along the lake. He indicated he is in favor of development along the lake as it would enhance the beautification of the City. He stated, the City is over stepping their bounds as far as what could and could not be done. 4 n Paul Castagno, resident, stated he has been waiting for direction on how the City would like him to develop his property. He stated he felt the Lakeshore Overlay District should move forward. He stated he supports the project. Paul Feeney, property owner, spoke in favor of the project. He stated he felt it is not fair that the City doesn't allow property owners along the lake to do with what they want with their land. Daryl Hickman, resident, spoke neither for nor against the project. He responded to a comment that was made earlier regarding the purchase price of a lot along the lake. He noted the purchase price of a lot is anywhere from $75 to $95 thousand and not $20 thousand as previously stated. He spoke of the City's effort to clean up the area along the lake by purchasing lots, and will continue to do so as long as the funds are available. Chairman O'Neal closed the Public Hearing at 6:40 p.m. n Commissioner Zanelli noted the problem with the area, and indicated it has been on going for many years. He indicated the City has a sub-committee that is working on many of the issues, camping being one of them. He spoke of the comment regarding the permit process and why permits along the lake are necessary. Terry Thielen indicated he owns property along the lake and has a permit. He stated he keeps up his property and he has met the requirements that the City has requested. Commissioner Flores indicated he liked the project. He stated many owners have come forward and indicated the City is currently looking into all of the issues. He stated unfortunately the laws in the City prohibit this type of construction. He suggested to the applicant to continue his project and have it brought forward to the City Council for further discussion. Commissioner Mendoza noted the applicant's project was approved eight years ago. He indicated the City has undergone significant changes since the project was approved, including an Ordinance that states no free standing structures are allowed. Vice-Chairman Gonzales indicated the applicant should be allowed to build his project; however, he stated only City Council can change the ordinance. He suggested to the applicant to follow up with the City Council. n Chairman O'Neal indicated the project is for a Conditional Use Permit which goes with the land. He noted the City Council must change the ordinance in order for the Commission to approve the project. He further indicated he would not vote 5 n n n approval of the project because of the design. He indicated he supports staffs recommendation of denial. He requested staff to address the boat rental. Director of Community Development Preisendanz stated the Lakeshore Overlay District does permit boat rentals; however, does not allow structures. It was motioned by Commissioner Flores, seconded by Vice-Chairman Gonzales to deny the request for Conditional Use Permit No. 2006-17 and the Minor Design Review of a Boat House located at 17937 Lakeshore Drive. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS 7. Uniform Sian Proaram No. 2007-07 for the "Lake Elsinore Outlets" Planning Consultant Coury provided the Commission with a brief overview of the project. He noted the project was continued from the last Planning Commission meeting of March 4th due to inconsistencies with the Sign Program and the Specific Plan for the Outlet Center. He stated the applicant has addressed the inconsistencies and therefore staff recommends approval of the project based on the Findings and is subject to the Conditions of Approval. He indicated the applicant is available to answer any questions that the Commission may have. . Scott Thayer, applicant, thanked staff for their help with the project. He noted the City Logo on the pylon. He indicated the Logo takes away from the clean look from the sign. George Bloomfield, Bloomfield Group, indicated the video is a good addition; however, he stated that the sign would look better without the City Logo. He recommended the lettering of the word "Lake Elsinore" be block. 6 n Steven Craig, President of Craig Realty Group, gave a brief outline of the project. He indicated they would be willing to offer 3% of video time to be used for promoting City events including the City's Logo. Commissioner Flores indicated he was sorry to hear of the decreasing business. He indicated once the Commission approves this project, it would inspire other companies to have a similar sign. He asked if the sign would be advertising any other businesses. Steven Craig responded there would not be. He noted the types of other advertising would be missing children and possibly honoring veterans. Commissioner Mendoza liked the idea of having the option to have the City's Logo. He indicated he is happy to hear that the applicant is going to advertise a City event and not an event outside of Lake Elsinore. Vice-Chairman Gonzales recommended approval of the project. Commissioner Zanelli appreciates all the effort working with staff. He stated it is a fine project. n Chairman O'Neal indicated he approves the project and is a welcome improvement. It was motioned by Vice-Chairman Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-27, approving Uniform Sign Program No. 2007-07. The vote resulted in the following: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS n Public Works Director/City Engineer Manager Seumalo commented on the following: 7 n n n . He spoke of Franklin Street that is under construction. He stated the project should be completed within the next few weeks. . He spoke of the drainage improvement project at Walnut/Frasier Street and indicated it would go before City Council to award the project. Construction should begin sometime in April. Director of Community Development Preisendanz commented on the following: . No comments. PLANNING COMMISSIONERS' COMMENTS Chairman O'Neal commented on the following: . He spoke of the Lakeshore Overlay area and indicated, when the owners purchased the lots, they were aware of what could and could not be built on the land. He noted not only are there code issues, but also Army Corps of Engineers issues which make it very difficult for lots to be developed. Commissioner Mendoza commented on the following: . He thanked staff and the public for addressing the concerns with the Lakeshore Overlay area. Commissioner Flores commented on the following: . He thanked staff for their hard work. He spoke of the Lakeshore Overlay issues and felt that the issues would more than likely go before City Council. Commissioner Zanelli commented on the following: . He thanked staff for their work. Commissioner Gonzales commented on the following: . He spoke of the continued issues with the Lakeshore Overlay area and indicated that something needs to be done to resolve the issues. ADJOURNMENT It was motioned by Commissioner Mendoza, seconded by Commissioner Flores to adjourn to the April 1 ,2008 Regular Planning Commission meeting at 6:00 P.M. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjourned at 7:31 p.m. 8 II n ! n Respectfully Submitted, J alAe. C'. r tlJAf,u I DA A PORCHE OFFICE SPECIALIST III ATTEST: MnrL---- ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 9 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDA V, APRIL 1, 2008 **************************************************************************************************** CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the meeting to order at 6:06 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI ABSENT: NONE PUBLIC COMMENTS None. STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Traffic Engineer Basubas, Associate Planner Resendiz, Associate Planner Carlson, Planning Technician Bitterolf, Planning Consultant Coury, Planning Consultant Miller, Redevelopment Project Manger McCarty, and Office Specialist Herrington. PUBLIC COMMENTS None. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NOS. 1 - 2 1. Reqular Planninq Commission Meetinq Minutes for March 4. 2008 Recommendation: Approval 1 2. Minor Desian Review of a Sinale-Family Residence located at 1101 W. Sumner Avenue (APN: 374-093-017) Recommendation: Approval It was motioned by Commissioner Mendoza, second by Commissioner Flores adopting Resolution No. 2008-28, approving a Minor Design Review for a two-story single-family dwelling unit located at 1101 W. Sumner Avenue. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING ITEM(S) 3. Conditional Use Permit No. 2007-28 and Tentative Condominium Map No. 25890 for the Fairway Business Park Chairman O'Neal opened the Public Hearing at 6:04 p.m. and noted that this item has been requested to be continued to the May 6th Planning Commission meeting. It was motioned by Commissioner Flores, seconded by Commissioner Mendoza to continue Conditional Use Permit No. 2007-28 and Tentative Condominium Map No. 25890 for Fairway Business Park to the May 6th regular Planning Commission Meeting. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE 2 ABSTAIN: NONE 4. Residential Desiqn Review No. 2007-11 Chairman O'Neal opened the Public Hearing at 6:09 p.m. He noted a correction to Condition #4, as the address and APN numbers were incorrect. Planning Consultant Miller read the staff report to the Commission. She stated staff recommends approval of the design review as the project meets all the set backs, landscaping, parking, and architectural requirements set forth in the Historic Standards and the Lake Elsinore Municipal Code. The indicated the applicant is available to answer any questions the Commission may have. Chairman O'Neal requested the applicant to approach the podium. He asked the applicant if he agrees the Conditions of Approval. Gene Schoenle, applicant, stated he agreed to the Conditions Of Approval. Chairman O'Neal closed the Public Hearing at 6:10 p.m. Commissioner Zanelli indicated that he likes the project and stated it would be a big improvement to the neighborhood. Commissioner Flores noted it was a great project. Commissioner Mendoza concurs with the Commission. Vice Chairman Gonzales noticed the plans were incorrect and should say Lake Elsinore School District. It was motioned by Vice Chairman Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-29, recommending that the City Council adopt Findings of consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for Residential Design Review No. 2007-11. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 3 - It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to ad~pt Resolution No. 2008-30, recommending to the City Council of the City of Lake Elsl~ore ~pprov~1 of ~esidential Design Review No. 2007-11 for an eight (8) unit Multi-Family Residential Development to include the corrections to Condition #4. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 5. Tentative Parcel Map No. 33163 Chairman O'Neal opened the Public Hearing at 6:15 p.m. Director of Community Development Preisendanz indicated the item before the Commission is Tentative Parcel Map No. 3,3163. He indicated this parcel map would subdivide a property in which three (3) buildings are currently located. He stated the project is located at the corner of Minthorn and Third Street. He stated that Planning Consultant Coury would provide the Commission with a brief overview of the project. Planning Consultant Coury gave a brief overview of the project and stated staff recommends approval of the project. He stated the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested the applicant to approach the podium. He asked the applicant if he has read and agrees to the Conditions of Approval. Byron Bishop, applicant, indicated he has read and agreed to the Conditions of Approval. Chairman O'Neal opened the floor for public speakers. There being none Chairman O'Neal closed the Public Hearing at 6:18 p.m. Chairman O'Neal called for a motion. It was motioned by Commissioner Flores, seconded by Commissioner Zanelli to adopt Resolution No. 2008-31, recommending to the City Council of the City of Lake Elsinore approval of Tentative Parcel Map No. 33163. 4 The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 6. Conditional Use Permit No. 2007-17 for an "Outpatient" DruQ and Alcohol Recovery Service. Chairman O'Neal opened the Public Hearing at 6:20 p.m. Director of Community Development Preisendanz stated this item was continued from the previous Planning Commission Meeting. He stated that this item is a Conditional Use Permit to provide alcohol and drug prevention intervention and education. He stated Associate Planner Carlson would provide the Commission a brief overview the project. Associate Planner Carlson provided the Commission with a brief overview of the project. He indicated that this item was continued from the February 19th Planning Commission in order for staff to conduct a parking study. He stated the parking study showed there would be sufficient parking circulation on site. He stated staff recommends the Planning Commission approve the project based on the Findings, Exhibits and subject to the Conditions of Approval. He stated the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested the applicant to approach the podium. Derrick Bruce Harvey/Riverside Recovery Resources, thanked staff for the assistance on his project. Chairman O'Neal asked Mr. Harvey if he felt that the traffic study was warranted. Mr. Harvey concurred. Chairman O'Neal opened the Public Hearing at 6:22 p.m. There being no public speakers, Chairman O'Neal closed the Public Hearing at 6:22 p.m. 5 Commissioner Mendoza thanked staff for being so thorough on the project and also thanked the applicant for being so patient. Vice Chairman Gonzales indicated that the project is fine. Commissioner Zanelli concurred with Commissioner Mendoza's comments. Commissioner Flores welcomed Mr. Harvey and thanked staff for the work on the project. Chairman O'Neal pointed out that he was glad the City could assist the applicant with the project. It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to adopt Resolution No. 2008-32, approving Conditional Use Permit No. 2007-17. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 7. Conditional Use Permit No. 2007-18 and Commercial DesiQn Review No. 2008-06 for a "Bait and Tackle" Shop Chairman O'Neal indicated this item has been requested to be continued to the May 20, 2008, Planning Commission, however, suggested that anyone who wished to speak either for or against the project may do so. Chairman O'Neal opened the Public Hearing at 6:25 p.m. David Hammond, resident, spoke in opposition of the project. He spoke of the speed limits in the area and the safety of people crossing the street. He presented a petition from Patsy Tamirez and read it for the record. Scott Munson, resident, spoke in opposition of the project. He spoke of how this business would add trash to the beaches and cause traffic issues and recommended the Commission deny the project. 6 Mary Melvin, resident, spoke in opposition of the project. She stated having another store in the area would only add to traffic problems. Chairman O'Neal asked what W2W stood for. Associate Planner Resendiz responded W2W stood for Women two Women which . ' IS a woman's spa. Chairman O'Neal pointed out that W2W is about 800 feet away from this project, yet was approved. Director of Community Development Preisendanz stated he would need to look into how it was approved. Chairman O'Neal stated he agreed with many of the statements it was made regarding the project. Vice Chairman Gonzales concurred with the traffic issues. He stated that backing out of the driveway at that location was very dangerous. Commissioner Flores spoke with regards to the business across the street and asked if the applicant was able to accommodate all of the conditions, would he be able to open the business. Associate Planner Resendiz stated it may be possible; however he indicated that the existing conditions of the property do not meet the development standards. Furthermore, he also stated they do not meet the parking requirements or circulation. Judy Wilson, applicant, approached the podium. Chairman O'Neal asked Ms. Wilson if she has a current business license. Judy Wilson responded "she did." Associated Planner Resendiz commented that the business license was put on hold and the applicant was requested to stop working because there were no permits. Judy Wilson stated the information is incorrect. She stated her business license was never been put on hold. Commissioner Flores asked Ms. Wilson the name of the business. Judy Wilson responded the name of the business is "All-Star Management Services Inc". Director of Community Development Preisendanz stated he would look into Planning and Building sign offs for the business license. 7 Scott Munson pointed out to the Commission anyone can get a business license. He stated he has lived within walking distance of the building and the only businesses that ever takes place are yard sales. He stated the bottom line is the building is not being occupied. Traffic Engineer Basubas stated that the reason for the denial was because it did not meet the Planning and Engineering Standards. Chairman O'Neal asked what date staff would recommend continuing this project. Director of Community Development Preisendanz suggested May 6th or May 20th. Commissioner Mendoza stated regardless of what the issues are with W2W that was in 2005. He recommended staff should work on the issues so it doesn't create a problem in the future. It was motioned by Commissioner Zanelli, seconded by Commissioner Flores to continue Conditional Use Permit No. 2007-18 and Commercial Design Review No. 2008-06 to the May 20th, regular Planning Commission Meeting. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 8. Zoninq Ordinance Text Amendment No. 2008-02: Addina Chapter 17.26 "Densitv Bonuses" to the Lake Elsinore Municipal Code Reqardinq the Establishment of Densitv Bonuses and Other Incentives Linked to Affordable Housina Developments. Childcare Facilities and Land Donations. Chairman O'Neal opened the Public Hearing at 6:52 p.m. Director of Community Development Preisendanz indicated this item would add Chapter 17.26 to the L.E.M.C. He indicated Planning Manager Weiner would provide the Commission with a brief overview of the item. Planning Manager Weiner indicated that this is a state mandated adoption of a Density Bonuses Ordinance which would modify the City's code. He stated staff 8 recommends approval of the project and stated Redevelopment Project Manager McCarty is available to answer any questions that the Commission may have. Steve McCarty, Redevelopment Project Manager for the City of Lake Elsinore stated the staff report covers all of the major issues and is in compliance with the State requirements and would help the City create more affordable housing projects in the City. Chairman O'Neal closed the Public Hearing at 6:58 p.m. Commissioner Zanelli noted this would tie in with the General Plan Update. It was motioned by Commissioner Mendoza, seconded by Vice Chairman Gonzales to adopt Resolution No. 2008-33, recommending to the City Council of the City of Lake Elsinore approval of Zoning Ordinance Text Amendment No. 2008-02 and the adoption of the Negative Declaration therefore. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 9. Uniform Siqn Proqram No. 2008-01 (Canyon Plaza Professional Offices) Director of Community Development Preisendanz introduced Associate Planner Carlson provide a brief overview of the project. Associate Planner Carlson provided a brief overview of the project. He indicated the Sign Program is for wall mounted signs only, with no free standing signs are being proposed. He stated staff has determined the Sign Program meets all requirements of the Canyon Creek Specific Plan as well as the L.E.M.C. and recommends the Planning Commission approve the project based on the Findings, Exhibits, and is subject to the Conditions of Approval. He noted the applicant could not attend the meeting. Commission Mendoza pointed out that the applicant is not allowed to exceed the allowable signage. Vice Chairman Gonzales asked if the applicant has leased any of the spaces. 9 Associate Planner Carson noted that the applicant has not had any success on filling the offices. It was motioned by Vice Chairman Gonzales, seconded by Commissioner Zanelli to adopt Resolution No. 2008-34, California, approving Uniform Sign Program No. 2008-01 . The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 10.Additional PlanninQ Commission meetinQ on April 29. 2008 for the General Plan Update. Director of Community Development Preisendanz stated that he anticipates noticing the first Public Hearing on the General Plan Update, and expects a longer meeting with comments. He requested the Commission consider a meeting on April 29tli, 2008. Chairman O'Neal requested a motion. It was motioned by Commissioner Mendoza, seconded by Vice Chairman Gonzales to approve an additional Planning Commission Meeting to take place on April 29, 2008. AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 10 STAFF COMMENTS Traffic Engineer Basubas commented on the following: · He spoke of Allen Street drainage issues. He indicated Fairfield Development is currently working on the improvements. Commissioner Zanelli requested the residents of the area are informed of the status. Planning Manager Weiner commented on the following: · He spoke of the Lakeshore Overlay Committee and indicated the Commission would be receiving the revised survey regarding the improvements of the Lakeshore Overlay Ordinance. He noted there would be a Joint Study Session coming up shortly. Director of Community Development Preisendanz commented on the following: . He thanked the Commission for considering the additional meeting on April 29th. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . He spoke of the Motocross facility has not renewed their CUP. He stated he does not appreciate the way the area looks. Director of Community Development Preisendanz indicated staff has requested that the owner submit a CUP for renewal. . He spoke of the Airport and inquired if their CUP needs to be renewed. Commissioner Mendoza commented on the following: . He asked if Post Offices are handled through the City or County and if the Commission reviews the item. Director of Community Development Preisendanz stated they are handled through the City as a tentative improvement which is reviewed administratively. Vice Chairman Flores commented on the following: . He asked staff on what is being constructed in front of the Home Depot. Planning Manager Weiner stated that a fast food restaurant and cell phone provider was being built. Commissioner Zanelli commented on the following: . He spoke of items that have been brought before the Commission, and how staff and the Commission are continuing items when they shouldn't. He stated there are several businesses that are operating without current permits or are in 11 violation of their Conditional Use Permit or codes. He stated he would be speaking with the City Attorney's office to try to get back on track. ADJOURNMENT It was motioned by Commissioner Mendoza, seconded by Chairman O'Neal to adjourn to a Regular Planning Commission meeting, to be held on April 15, 2008 at 183 N. Main Street, Lake Elsinore, CA 92530. The Planning Commission meeting adjou~ ~:~ ~.!'!-,.. '. / /{/j//:. ~. ,0/' / UAbd /' /~ AXEL"ZANE(L1, CHAIRMA PLANNING COMMISSION Respectfully Submitted, _-0 ) k' . / , ; . / {t{ (1 C . ,- ~ }'~..-' DANA C. PORCH OFFICE SPECIALIST III ATTEST: /?77rt-- ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 12 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 15, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:11 p.m. PLEDGE OF ALLEGIANCE: Commissioner Flores led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA ABSENT: COMMISSIONERS: ZANELLI Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Director of Public Works Seumalo, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Aaenda Items) REQUEST TO SPEAK Steve Allen, Lake Elsinore, California, stated that he believes that the new General Plan needs to make a provision for higher density prestigious office space. He indicated that in March, 2007, 4,000 signatures were collected supporting this point of view (a copy of the petition was submitted at the General Plan meeting with his statement). CONSENT CALENDAR ITEMS None PAGE 2 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 PUBLIC HEARING ITEMS 1. General Plan Update Director of Community Development Preisendanz stated that a comprehensive General Plan Update Report was distributed to the Planning Commission for their review. He indicated that the report included 3 alternative General Plan land use plan and 38 letters that the City received from the public regarding their land use in relation to the General Plan and staff's responses to each letter received. He indicated that each letter with requests and comments would be considered by the Planning Commission on a case by case basis and staff would be analyzing each request cumulatively. Additional Planning Commission meetings regarding the General Plan will be held on April 29, 2008, and if necessary, June 3, 2008, to continue the review of property owner's land use. Also, he anticipated the City Council hearing to be June 24, 2008. Brooke Peterson, Jones & Stokes gave a Power Point presentation that outlined the components of the General Plan and Environmental Impact Report (EIR). Ms. Peterson explained in detail Chapters 1 through 5 of the General Plan and stated that 3 alternatives are proposed (the Preferred Alternative, Alternative 1 and Alternative 2). Jim Harry, Jones and Stokes, summarized the EIR which addressed environmental impacts associated with the General Plan Update at the programmatic level. REQUESTS TO SPEAK REGARDING THE GENERAL PLAN UPDATE Director of Community Development Preisendanz stated that each request would be reviewed and identified by Assessor Parcel Number (APN) on Google Earth. Douglas Norfold, Lake Elsinore, California, (APN: 375-342-008 & 375-350-004) stated that he was concerned about the land designation on 3 parcels of land that he owns in Country Club Estates. The Director of Community Development Preisendanz identified the 3 parcels and stated that staff recommended a recreational land use and defined legal non-conforming use to Mr. NOrfold. Barton Crandell, Orange, California, stated that he was representing Ed Najad and indicated that Mr. Najad's property is across from a campground on Riverside Drive (APN: 379-110-014) which was re-zoned from residential to commercial and requested that this property to be zoned mixed use rather than general commercial. Director of Community Development Presidendanz stated that they chose commercial for this area mainly because it is on Highway 74 and a change could affect the E I R. PAGE 3 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 Commissioner Flores stated that he doesn't have a problem with this property to be zoned Commercial Mixed Use and asked that Jones and Stokes review this request and let Mr. Crandell know if this can or cannot be done and asked Director of Community Development Preisendanz to explain commercial mixed use. Director of Community Development Preisendanz explained commercial mixed use in the General Plan which he defined as a mix of residential and non- residential uses within a single proposed development area with an emphasis on retail, service, civic, and professional offices, residential uses are allowed in subordinate capacity, the FAR for non-residential uses is .80 and a minimum of 50% of the total floor area should be commercial uses, residential density shall be between 7 and 18 dwelling units an acre. Commissioner Mendoza concurred with Commissioner Flores; however, he stated that the City needs to make sure that it will work without isolating the other parcels. Chairman O'Neal suggested looking at the entire block and consider what would be appropriate. Director of Community Development Preisendanz stated that as they look at this and consider this, they are affecting other properties which the property owners now think that they are commercial and indicated that it mayor may not make a difference to them. Mr. Crandell asked Director of Community Development Preisendanz if the commercial zone could have a conditional use of mixed use in it. Director of Community Development Preisendanz stated no. Vice Chair stated that he likes the idea of mixed use. Christos Smyrniot, Downey, California, requested that his property on Collier and Riverside Drive (APN: 378-030-007 & 378-030-009) be zoned commercial. He indicated that he submitted an application for a Conditional Use Permit for a gas station, car wash, and convenience store on this property and the City did not accept the application because of the change of the land use on the General Plan. He said they will provide jobs for about 30 to 40 people and will create income for the City. Director of Community Development Preisendanz indicated in their best judgment, staff designated this area as Business Professional because of the existing approved projects and developments that are already in place and the surrounding neighborhood. He indicated that the reason staff did not have the land designation as commercial was because they had concerns about access (ingress/egress), particularly, a gas station on this corner. He also stated that PAGE 4 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 regardless of the current zoning, staff is looking at the General Plan for the City for the next 30 years. Commissioner Mendoza concurred with Director of Community Development Preisendanz and said that the General Plan is a thumb print for the future of the City. Vice Chair Gonzales agreed with staff designating the area as business professional. Commissioner Flores recommended that this be reviewed further by Jones & Stokes. Bob Krause, South Shore Properties, Las Vegas, Nevada, distributed information to the Planning Commission regarding their project and stated that they have a 100 acres (approximately 6 parcels), which is adjacent to the Spyglass property and said that their intent is put together an affordable project that is to include affordable housing ($200,000 to $300,000 price range) and said that the land use at that time was approximately 3 to 3.5 units per acre. He said that they ended up with a park that is connected to 2 other projects that are adjacent to this project, 25 acres of open space, and a single family detached project. He requested the Commission to review this and consider the land use of this project so that they can proceed with their plans. Director of Community Development Preisendanz stated that Mr. Krause already has a tentative map approved called South Shore I and it is in the Commission's Staff Report as a recommended change to Low Medium Density, and staff is also recommending that the area identified as the Spyglass Specific Plan which was just approved, will also retain its Specific Plan designation. He stated that the City does currently have an application in and it is a clustering affect in the most easterly portion and it is a tiered project. He indicated that the reason they recommended low density is because they wanted to preserve as much of the hillside as possible. Chairman O'Neal asked who they are preserving the hillside for. Director of Community Development Preisendanz stated that the General Plan Advisory Committee was for preserving this hillside from the 15 corridor and from Tuscany Hills. Chairman O'Neal stated that this project cannot be seen from the 15 Freeway. Mr. Krause stated that the project is in a bowl and they are calling it Hidden Valley because it can't be seen from the 15 Freeway and indicated that the purpose for having the project at this location is it fits the terrain correctly and it also provides a 3.5 million dollar park amenity for the other 2 projects that are adjacent to it and is a condition of the other projects. He said that staff chose the location of the park because it cannot be seen. PAGE 5 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 Community Development Director Preisendanz stated that this project could possibly go to low medium density but staff would like to review the project through the design review. Mr. Krause stated they he would be more than happy to work with staff. Community Development Director Preisendanz stated that staff will review the project and how it affects the EIR and will bring back the information to the Commission. PLANNING COMMISSION COMMENTS Vice Chair Gonzales asked Mr. Krause what road is coming into the project. Mr. Krause mentioned La Strada Road and stated that they are bringing in the water and all of the other amenities at no cost to the City. Director of Community Development Preisendanz stated that there is validity to the cumulative financial impact relative to the various projects that have been proposed and have been entitled for the La Strada interchange to Camino Del Norte which takes funding for developers to properly grade hillsides and contour them to keep the community as topographically aesthetic as possible. Commissioner Flores commented that staff is currently working with Mr. Krause and would continue to work with him therefore he had no additional comments. Commissioner Mendoza asked how this project is going to affect the EIR. Director of Community Development Preisendanz stated that he would follow up with an answer to Commissioner Mendoza regarding how it will affect the EIR. David Wensley, Costa Mesa, California, stated that he owns 2 parcels of land in Lake Elsinore (APN's: 377-340-018 & 019) and also addressed the adjacent parcels on either side and said because of the size and the ownership of the parcels currently, it is impractical to develop them independently and have a cohesive land use for the area and stated that he was sorry to see the Porto Romano Project terminated. He stated that he was disappointed in the land designation of this area because he believes that this area is one of the outstanding opportunities for future development along Interstate 15. He requested that his parcels be a combination of freeway business (medium to high density) along the corridor adjacent to the 15 Freeway and stated that having commercial properties along the freeway would benefit the City by bringing in substantial revenue for the City for the next 20 years. He stated that he believes that this area is not desirable for residential use because of its location adjacent to the freeway. Therefore, he would like to recommend a combination of commercial uses, freeway business as it is defined, and medium to high density PAGE 6 - PLANNING COMMISSION MINUTES -APRIL 15, 2008 in some parts of the area so that it could be developed in the near future and not wait another 20 years. Director of Community Development Preisendanz stated that staff is recommending Low Medium Density, and no longer commercial use. Staff is proposing to eliminate freeway business to preserve as much of the hills as possible because their concern is the view from the freeway. Mr. Wensley stated that it has taken a long time to possibly develop this area and if the Commission agrees with staffs recommendation, it will rule out any development in the future. Director of Community Development Preisendanz recommended that staff go back and review this area again and possibly change it to Medium Density with a small commercial component and indicated that there is legitimacy for having neighborhood commercial within medium density. Commissioner Flores stated that he accepts staffs recommendation for review. Commissioner Mendoza had no comments. Vice Chair Gonzales asked Director of Community Development Preisendanz if the Porto Romano project was terminated. Director of Community Development Preisendanz stated that it was terminated. He indicated that staff will re-examine the entire area. Chairman O'Neal concurred with this. Ed LambertlJ.J. Swanson O'Neal was the next to speak. Chairman O'Neal recused himself. Ed Lambert, Lake Elsinore, California, stated that he owns "The Chimes" building (2 parcels) which is a historical building in Lake Elsinore. He indicated that the City wants to change the parcel in the back to residential zoning and he would like to keep both parcels as commercial. J.J. Swanson O'Neal requested that the parcel behind be kept as Commercial Mixed Use and stated that there is commercial around the entire parcel. Director of Community Development Preisendanz recommended the change to General Commercial for both parcels. Commissioner Flores stated that to be fair to other land owners that are adjacent to Mr. Lamberts property, they should be allowed to have commercial also. PAGE 7 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 Commissioner Mendoza agreed with Commissioner Flores and asked Director of Community Development Preisendanz if this affects the EIR. Director of Community Development Preisendanz agreed that this is a logical extension of commercial and stated that staff would review and bring back to the Commission the cumulative affect this would have on the EIR. Chairman O'Neal rejoined the Planning Commission. Joseph Huband, Yucaipa, California, stated that he owns approximately 800 parcels in the Country Club Heights area. He stated that the land designation is Hillside Residential which he believes is not appropriate because much of the property is flat to level rolling ground. He said he has roughly 150 acres of property that hasn't been developed yet and is landlocked. He indicated that he has accumulated over 200 parcels in that area and has 60 acres and his goal is to get to 80 acres in this area that is flat and low rolling so that it can be developed. He indicated that the property is bordered by Industrial. He also discussed property that he owns on Riverside Drive and Chaney (APN: 375-032- 016) and stated that the entire area is zoned medium to low density and it is also flat and level. Mr. Huband requested that staff review the land designations of the areas discussed. Director of Community Development Preisendanz reviewed Google Earth to look at the topography of the area and confirmed that the General Plan designation is Hillside Residential and stated that staff would re-evaluate the topography of his properties and look at the view from Interstate 15 and note how his property could integrate into the industrial area. Chairman O'Neal indicated that he appreciates and understands the change of designation. Commissioner Flores concurred with staff to go back for review. Commissioner Mendoza stated that he concurs with staffs recommendation as long as it is doesn't isolate separate parcels. Vice Chair Gonzales agreed that the land designation needs to be reviewed by staff again. Director of Community Development Preisendanz stated that the analysis of the changes of land designation will take time and requested the review period to June 3, 2008. He also indicated that staff would be conferring with Jones and Stokes and Urban Crossroads for all of the requests cumulatively and will look at how these are going to affect the EIR. In addition to Mr. Huband's previous parcels discussed, he also has 2 parcels that are currently zoned commercial on Lakeshore Drive (APN: 375-032-016) PAGE 8 - PLANNING COMMISSION MINUTES - APRIL 1S, 2008 that the City has designated as recreational but there is no recreational direction or usage. Director of Community Development Preisendanz defined recreational usage and stated that this does not preclude Mr. Huband from developing it and indicated that the City is going through the Lakeshore Overlay Subcommittee because there are various issues regarding commercial uses along the lake such as Army Corp, access, and topography which need to be addressed and he recommended reviewing the project. Commissioner Flores recommended re-evaluating Mr. Huband's areas of concern and review again. Commissioner Mendoza recommended re-evaluating Mr. Huband's parcels. He also agreed with staff in keeping the lake area recreational. Vice Chair Gonzales wanted clarification from Mr. Huband as to the exact location of his property on Lakeshore Drive and recommended re-evaluating the land designation. He also stated that this area should remain recreational. Paul Castaguo, Lake Elsinore, California, stated that his property is located in the Lakeshore Overlay District, and he would like to be notified of future General Plan discussions/meetings regarding the Lakeshore Overlay District. He indicated that the Lakeshore Overlay District rules and regulations should be lifted, allowing development for R-3 and commercial properties as designated. He also stated that property owners should be allowed input on property development as a whole. Director of Community Development Preisendanz reviewed Mr. Castaguo's property on Google Earth and stated that staff is recommending a Recreational land use. Mr. Castaguo stated to Director of Community Development Preisendanz that he has waited 23 years to develop his property and indicated that it has full utilities and asked what is allowable. Director of Community Development Preisendanz explained to Mr. Castaguo that staff is proposing Recreational and defined Recreational. He indicated that the City is going through the Lakeshore Overlay Committee process and through the consistency zoning of Recreational they will be fine tuning the permitted uses. Leonard Leichnitz, Lumos Communities, thanked staff, Jones and Stokes, and community members that worked on the General Plan for their hard work. Mr. Leichnitz asked that once the General Plan is adopted, will the zoning map that will follow be exactly the same as the General Plan in terms of density desig nations. Director of Community Development Preisendanz stated yes. PAGE 9 - PLANNING COMMISSION MINUTES -APRIL 15, 2008 Mr. Leichnitz asked what the timeframe is and what will happen to development that is to move forward during this timeframe. Director of Community Development Preisendanz stated that staff will review the zoning that is consistent with the General Plan designation and will move forward with that zoning district. Charles Pearson, Lake Elsinore, California, (APN: 379-131-019) stated that this property is currently zoned High Density Residential and wanted to know what he is supposed to with commercial zoning on a residential area that is mainly apartments. Director of Community Development Preisendanz stated that staff looked at a General Plan designation that would provide a substantial commercial venue and would allow a deeper frontage off of Riverside which would allow clear circulation (Fire Department). Mr. Pearson stated that he owns property on Joy Street which is a two lane street and based on the Map Act it is designated to be a 2 lane street and indicated that it doesn't make any sense to put a commercial development on a 2 lane street that is High Density Residential. Director of Community Development Preisendanz confirmed with Urban Crossroads that it is a 2 lane street and suggested that the Commission consider a Medium Density Residential which is 7 to 18 units per acre. Mr. Pearson stated that this would be acceptable. PLANNING COMMISSION COMMENTS Chairman O'Neal confirmed with Director of Community Development Preisendanz that medium density in this area may be appropriate. Commissioner Mendoza concurred with medium density. Commissioner Flores thanked Mr. Pearson for explaining his point and concurred with the recommendation of medium density due the 2 lane road. Vice Chair Gonzales concurred with medium density. Camille Passon, Project Design Consultants, San Diego, California, stated that they were involved in preparing the Plan and Services for the 3rd Street Annexation area. They were given direction from staff to show the project known as Wasson West as Specific Plan and they noticed that on the Preferred Land Use Map it doesn't show it as Specific Plan, it shows it as Medium and Low Medium Density Residential and noted the discrepancy to staff and wanted to make sure this is corrected. PAGE 10 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 Director of Community Development Preisendanz said that this project was part of the 3rd Street Annexation which hasn't gone forward yet but they did annex it into the Ramsgate Specific Plan and recommended designation of Specific Plan. Robert L. Cartier, President of Elsinore Ready Mix, Lake Elsinore, California, stated that he has owned industrial property of approximately 5 acres for approximately 60 years and have maintained all City, County, and State permits. He stated that there are other locations in operation but the tax dollars are in Lake Elsinore. Mr. Cartier indicated that their company has been involved with the community for over 60 years and requested that the land designation stay the same and not be changed to commercial. Director of Community Development Preisendanz stated that they are recommending General Commercial land use because they wanted to provide a commercial venue for Country Club Heights residents. He indicated that Mr. Cartier could continue its use as long as it is a legal non-conforming use under the new General Plan, but would not be allowed to intensify. Chairman O'Neal asked Director of Community Development Preisendanz if the zone change allows Mr. Cartier to continue his business but not to grow. Director of Community Development Preisendanz stated that this was correct. Chairman O'Neal stated that there may be significant legal ramifications and indicated that he didn't want to make a decision on this issue. He indicated to Mr. Cartier that knowing the City's position on the new commercial designation, if he doesn't agree to this, he should have time to respond to this. Director of Community Development Preisendanz indicated to Mr. Cartier that the City's position is the best plan for the area. Commissioner Flores asked about the additional 5 acres that currently have no activity. Mr. Cartier stated that he has an issue with another piece of property that is located on Larson and Temescal Road that is approximately a 7 acre parcel that is all industrial in this area but is designated incorrectly as Hillside Residential. Director of Community Development Preisendanz stated that staff would review this, and he would meet with Mr. Cartier. Fred Crowe, Lake Elsinore, California, had a question about the circulation element of the General Plan. He stated that one of the problems is that when there are streets shown on the General Plan in the circulation element that there is no right of way. As an example, he indicated that Strickland has 20 mile per hour curves and when the City makes the right curvature to build the road, they will sever approximately 200 lots of private ownership. He indicated that this has PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 been a problem since the first General Plan was adopted and the City needs to look at what the owners of these properties can do with their land before the City establishes exact alignment and how they are going to be compensated once the alignment is established because many of the lots are small and there are thousands of lots in that area. Chairman O'Neal stated that there could be circulation problems with other larger projects also. Mr. Crowe indicated that there should be a Policy Statement in the General Plan of what the private ownerships can do with their land until it is taken. Therefore, the agency makes the decision on the exact alignment of the roads and then they purchase right of way from all of the properties that will be taken and there has to be a finance plan of how to accomplish those takings. Director of Community Development Preisendanz clarified that as industrial, commercial, and residential projects move forward, the City either requires the dedication of the right of way and/or the improvement thereof, or in lieu fee and that is how they would like to acquire those streets. He indicated that in the Country Club Heights area there are roads that are not aligned with the right of way and those areas are difficult, but they do have in those areas a slope easement dedication for a recorded easement of 10 feet, to allow for that flexibility. He asked Public Works Director to address this issue. Public Works Director Seumalo stated that the General Plan sets land use designation and the circulation element is a response to that. Mr. Crowe stated that once you have a new alignment that isn't exactly the same as the previous, there needs to be a policy of what to do with properties on each side. Public Works Director Seumalo stated that he did agree with Mr. Crowe regarding having a policy how they develop the alignments more closely. He indicated to Mr. Crowe that the land use is already set and the Circulation Element is a response to that to efficiently move goods and services, and vehicles around the City for that. He stated that regarding curves on Strickland Avenue, he agreed with Mr. Crowe that there is no alignment study that goes along with the General Plan Circulation Element, it is a Conceptual Circulation Plan for the City but there are engineering standards that require certain curve radiuses for the type of street and design speed. Director of Community Development Preisendanz stated to the Commission that anytime they have a policy or goal there is a financial affect which needs to be considered. Joseph Wulff, Escondido, California, stated that he owns 8.8 acres (APN: 373- 054-026) off Conklin Avenue and stated that the City has proposed the land PAGE 12 - PLANNING COMMISSION MINUTES - APRIL 15, 2008 designation as Hillside Residential and he is requesting that the density remain as existing. Director of Community Development Preisendanz viewed this property on Google Earth and stated that staff would review this again to determine exactly where the property is located because of the topography and suggested meeting with Mr. Wulff to review this. Lazar Chang, Rowland Heights, California, (APN: 363-130-060) zoned General Commercial C-2, and the City proposed to change zoning to tourist commercial and requested it to remain as General Commercial. Community Development Director Preisendanz reviewed the property on Google Earth and confirmed that his property remain as General Commercial on the Preferred Land Use Plan. Mr. Chang thanked everyone. Chairman O'Neal stated that the meeting would be continued on April 29, 2008 at 6:00 p.m. at the Cultural Center. INFORMATIONAL ADJOURNMENT THERE BEING NO FURTHER BUSINESS, ADJOURNED THE MEETING AT 9:24 p.m. O'NEAL Respectfully Submitted, K I1io H~J~ Kris Herrington Office Specialist III ATTEST: ~ -- Rolfe M. Preisendanz, Director of Community Development n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 29, 2008 CALL TO ORDER: Chairman O'Neal called the Special Planning Commission meeting to order at 6:08 pm. PLEDGE OF ALLEGIANCE: Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL n PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI ABSENT: NONE Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director/Engineering Manager Seumalo, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Aaenda Items) n Tim Fleming, resident, stated he. is a member of the General Plan Advisory Committee that was formed more than three years ago and has attended every meeting and Study Session which included Council Members, Planning Commissioners and staff. He indicated he was very concerned and involved citizen of Lake Elsinore and stated there were several issues with the updated General Plan. He referred to the 1990 General Plan and comments made by the Californian Newspaper dated June 19, 2005. He also referred to the City Council's February 26, 2008, Assessments District Report given by City staff and indicated that he believes this is not the time to be down zoning and devaluating properties by hundreds of thousands of dollars. He stated the GPAC would like the General Plan to serve as a long range planning tool to achieve the vision and goals and meet the needs of the City. He said it would be most prudent for the PAGE 2 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Planning Commission to reconsider its recommendations to City Council for zoning changes to take place. CONSENT CALENDAR ITEMS None. PUBLIC HEARING ITEMS 1. General Plan Uodate Chairman O'Neal opened the Public Hearing at 6:11 p.m. Gary Washburn, resident, referred to APN Nos. 377-110-001 and 347-250-002. He noted the majority of the property falls north of Wasson Canyon. He stated it sits behind the RV Park and believes the land use would be better zoned as industrial rather than residential. n Director of Community Development Preisendanz referred to APN 377-110-001 and stated the RV Park area is currently Medium Density Residential and the intent was to have a buffer from the Commercial Mixed Use and allow'a cross between Commercial and Residential to allow a continuation of Residential. He further stated as far as the other property, the City's goal was not to split zoning and to keep the Land Use the same on the same parcel. Gary Washburn spoke of the property located at Riverside and Joy Street. He requested to keep it zoned as R-3. Director of Community Development Preisendanz stated the logical idea is to create depth in the Commercial. Tim Fleming, resident, spoke of APN 375-342-020 and requested the property be zoned as C-1, Neighborhood designation. Director of Community Development Preisendanz indicated the property has been zoned C-1 Neighborhood Commercial since 1987. He suggested in order maintain continuity, staff is recommending Hillside Residential from Lakeshore back. Tim Fleming, requested to come up with a modified plan on some of the Neighborhood Commercial as the City needs. In Director of Community Development Preisendanz indicated it is the idea of having a long term General Plan. He indicated staff would establish the areas to maintain some continuity of uses in the area. Commission Flores recommended staff to review Tim Fleming's plan to see if a remedy could be made. PAGE 3 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Commissioner Mendoza noted the designation would be the same regardless of the economic times. He stated in the past couple years, the Commission has modified zoning requests. He stated the City needs to get a plan established for the future of the City. Vice Chairman Gonzales pointed out that Mr. Fleming's property is currently for sale as Commercial and if the zoning is changed to residential then he would not be able to sell his property. Tim Fleming pointed out the seller must disclose to any buyer what the zoning designation is or what it will be. He indicated any zone change for anyone, would go back to the new designation. He indicated it is not an emotional issue but a business issue. He stated the area is a perfect location for a business as designated under C-1. Director of Community Development Preisendanz suggested looking at the properties further. He noted there is a restricted access along Lakeshore Drive, limited along the rear, and it is very difficult to develop Neighborhood Commercial on the three narrow lots. II Chairman O'Neal pointed out, should the Commission not rule in Tim Flemings favor, he can always take it to City Council. He indicated he would like to move forward with the recommendations of Director of Community Development Preisendanz and allow City Council to make the decision. Commissioner Mendoza concurred with Chairman O'Neal's decision to allow the City Council to make the decision. " Commissioner Zanelli indicated the economic times have had an impact on everyone. He concurs with having City Council make the final decision. Commissioner Flores disagreed with Commission and stated he believes that Mr. Fleming has an opportunity. He indicated the best idea for the General Plan is to move on. John Johnson, business owner spoke of property know as APN 349-400-034 and indicated the property in mention was part of an annexation and was pre- zoned as Hillside Residential. He stated that the figuration doesn't blend in with the Residential. He stated he spoke with staff and requested the area to be zoned Neighborhood Commercial. n Director of Community Development Preisendanz indicated a site inspection was completed and recommended that the zoning be changed to Neighborhood Commercial which would give the neighborhood a place to shop. Charles Tunstal, business owner spoke of an area of concern near the Porto- Romano area. PAGE 4 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Director of Community Development Preisendanz indicated staff has looked into a Commercial Mixed Use for the area. He noted staff is going to have an analysis conducted and would bring it to the next meeting with a recommendation. He stated it is staffs intention to move the General Plan forward. He stated staff must be careful not to disturb the EIR; otherwise, it would need to be re-circulated. Donna Franson, resident, noted staff needs to make the most of the General Plan Update as it will be in effect for 20 or more years. She noted her concems with the area east of the 1-15 which is zoned for Commercial Residential Use. She stated larger commercial businesses should not encroach upon the historical center of the City. She stated it would be good to see the General Plan Update reflect that area and around Downtown. Director of Community Development Preisendanz noted this area does not have a project that is currently planned. He noted that the infrastructure needs to be completed in the area and the only way to do that is with development. He advised the public that the General Plan could be changed up to four times per year. n Chairman O'Neal recessed the Planning Commission at 7:11 p.m. and reconvened the meeting at 7:20 p.m. Steve Hunter, property owner, spoke of his concems with APN 374-061-014, 015,028, and 029. He indicated his concems are with the area near the west side of Pottery which is proposed high density with the exception of the six parcels between Langstaff and Riley. He suggested his parcels which are located on Pottery remain High Density. Director of Community Development Preisendanz indicated that medium density allows the range of (7-18 DV/AC). He stated the purpose of the designation was to create a buffer between the high densities which fronts some of the industrial areas. He indicated the Historic area is Medium Density as it was felt thQt 7 - 18 DUlAC are appropriate. He reminded the Commission that staff needs to look at all of the land use changes and how they might affect the EIR. He stated staff would make every effort to make some changes. He stated the change that Mr. Hunter recommends appears to be appropriate. Shawn Harrison, representing properties owners of the Collier Marsh, indicated there are many issues with the land to include floodplain issues and biological resource issues. He indicated the best use for the property would be High Density Residential. n Director of Community Development Preisendanz stated engineering is looking at a connection between Pasadena and Baker Street to provide some continuity and destination to Nichols Rd. He noted there are many constraints, wetlands being one of them. He stated the direction from General Plan Advisory PAGE 5 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Committee (GPAC) is to find more Industrial and Business Park areas. He noted with the direction from GPAC he would continue to support the Industrial use in that area, especially considering the future circulation from Pasadena to Baker. Shawn Harrison stated he agrees that industrial needs to be part of the Business District and the residential land use would be adding development to the area. He stated he agrees with the connection from Nichols Road to Central Avenue is necessary for the City and to get the necessary infrastructure. Director of Community Development Preisendanz stated he respectfully disagrees. He indicated staff has been tasked to locate as much industrial area as possible. Commissioner Zanelli indicated he concurs with the Directors recommendation. Mike Quirk, business owner spoke of APN 377-180-037 spoke of an offer to purchase the land from the City. Director of Community Development Preisendanz indicated the property has been designated as Public Institutional. He stated it is possible that it could be zoned as Limited Industrial. n Norman Harris, representing the owners of the Seers Plaza located on Riverside Drive, spoke of APN 379-090-021 and 022. He stated it appears that the Commission has chosen to zone the property as Mixed Use Residential. He indicated that the property owners are in agreement with that zoning. . Richard Knapp, resident, spoke of APN 378-301-021 and 005 and stated he is speaking on behalf of his neighbor and himself and indicated they would like to see their property zoned Commercial. Director of Community Development Preisendanz spoke of the depth issues in the alley ways. He stated Neighborhood Commercial could be worked out from Machado going north. He indicated access could be obtained from the side streets. He stated it would be difficult to develop one single lot. He indicated there is opportunity however, with restrictions, and suggested having City Council take a look at it. Commissioner Zanelli suggested looking at the east side of Lakeshore as well. n Director of Community Development Preisendanz spoke of an area next to the La Laguna Specific Plan. He noted it was designated as Open Space. He indicated, since then, it was discovered that there was an annexation effort by La Laguna Heights to annex into the City. He indicated that the Specific Plan was approved by an Ordinance and based on the Ordinance and Legal Counsel; the area would need to be approved as a Specific Plan designation. . PAGE 6 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Chairman O'Neal recessed the Planning Commission at 8:13 p.m. and reconvened at 8:19 p.m. Joseph Banayan, property owner, spoke of APN 374-062-018 which is located at Flint and Spring Street. He indicated the property was zoned Commercial and since has changed to Residential and indicated he did not feel it was not a good choice for that location. Director of Community Development Preisendanz disagreed with Mr. Banayan. He indicated the area is within the Historic Overlay Area and will eventually be the Downtown District. He stated the idea is to afford opportunity for High Density Residential to allow for residents to walk to Main Street for shopping. He did not recommend changing to Commercial. He also indicated that Residential Mixed Use could be an appropriate use; however, would need to look on how it would effect the traffic and street improvements in the surrounding area. He suggested taking the Residential Mixed Use down to the other Residential Mixed Use. Chairman O'Neal concurred with Director of Community Development Preisendanz. II Commissioner Mendoza asked Mr. Banayan how long ago was the land purchased. Joseph Banayan stated he purchased the land two years ago. Commissioner Mendoza indicated this would be a good option for Mr. Banayan. Miguel Flores, resident spoke of APN 375-054-005-010 and indicated when he purchased these properties; they were zoned R-2 and recommends for the lots not to change. He indicated it was his vision to eventually build Santa Barbara style homes in that vicinity. He stated it is very difficult to build along the hillside. He indicated by reducing the zoning, it would make it very difficult to build: Director of Community Development Preisendanz stated he has scheduled a meeting with Mr. Huband to discuss the issues with the same area in discussion. He indicated to Mr. Flores that he could also meet with him at the same time. He indicated that topography has an issue with that area and making changes to the zoning could have an affect on the EIR. Commissioner Mendoza agreed with Mr. Flores indicating the area needs to remain as it is zoned. n Weldon Page, resident, stated that Lake Elsinore has potential and stated that this is what brought him to the area. He indicated it takes time to develop the land. PAGE 7 - PLANNING COMMISSION MINUTES - APRil 29, 2008 n Tim Fleming indicated Mr. Page's has concerns with one parcel located on Collier Avenue, APN 378-020-050which he owns. He indicated the two lots next to his are zoned Commercialllndustrial. Mr. Page inquired as to why his parcels are not zoned Commercial/Industrial as well. Director of Community Development Preisendanz responded by saying the FEMA Map shows the area as Flood Way. He indicated he would check with FEMA to verify the information. Christos Smyrniotis, property owner, spoke of APN 378-030-007 and 009 and indicated the area is zoned Commercial Manufacturing. He was told by the Planning Commission and the Director of Community Development that the area would be looked into and he wanted to know if the Commission has any further information. Director of Community Development Preisendanz indicated he has not had a chance to review, but would look into the area. Fred Crowe, resident, spoke of inadequacy of the circulation of the General Plan to include issues with widening and traffic on Collier Avenue. n Pete Dawson, resident, spoke of the changes to the General Plan Update, a possible bike path that abuts the waterfront and how it would have an effect on the County residents. Director of Community Development Preisendanz indicated lakeland Village is within the City's Sphere of Influence. He indicated the County supersedes and dictates what land uses are allowed. He stated the City would still like to implement the bike path; however, the City would need to get the approval from all the homeowners first. Moises Pabon, resident spoke of APN 347-110-076 and3 and indicating 'that the area is zoned Residential Mixed Use and would like to have it changed to Commercial. Director of Community Development Preisendanz indicated the only suggestion he would have for the Commission is to look at a Commercial land use from the Specific Plan over to Neil Road. He stated the idea is to match the zoning within the cul-de-sac and allow Residential in that area. He indicated that commercial uses along Hwy 74 would be appropriate. He indicated he would like to look into the area more, and discuss with the Commission later. II Wendy Collins, property owner, spoke of APN 349-400-022 which was part of an annexation that is zoned low-Medium Residential and requested the lot be re-zoned as Commercial. Director of Community Development Preisendanz suggested to the Commission to re-examine at that area so it may accommodate Commercial or Neighborhood PAGE 8 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Commercial. He noted there is possibly an MSHCP corridor that is slated through the area that comes from the south to the north. He stated it could be designated as Commercial, but would need to look on how to process the MSHCP at a later date. Terri Mendez, resident, spoke of APN 347-110-014 requesting the area be re- zoned to Commercial or Medium Density. Director of Community Development Preisendanz indicated staff and the Commission would be looking at the frontage along Hwy 74. Commissioner Flores inquired on how far away is Ms. Mendez's property from High Density. Director of Community Development Preisendanz indicated that Medium Density could work better for that area. Elbert Smith, property owner indicated he has concems with three lots which have been already discussed. He asked staff what the zoning is on the lot adjacent from Machado Storage. He also asked what the zoning is for 2 Yo acres located westerly of the "Viscaya" Residential development. n Director of Community Development Preisendanz indicated that the area across from Machado Storage is zoned Commercial and the area west from the Viscaya Development is Lakeshore Specific Plan. Stephen Malarchick, property owner inquired about the area known as the Groves. Director of Community Development Preisendanz indicated the area is zoned Business Park, however, it is in the City's Sphere of Influence but still in the County. Eric Martinez, resident spoke of the City's overcrowding and suggested to "catch up" to the City's current development before moving towards High Density. He stated overcrowding would have a negative affect on the City's sewers system and water shortage. Chairman O'Neal recessed the Planning Commission meeting at 9:30 p.m. and reconvened the meeting at 9:40 p.m. n Tom Tomlinson, representing Castle & Cooke, provided the Commission with a Power Point presentation and inquired about some areas of concern, which included an explanation of the Floodway designation, specifically with the area pertaining to the area near Pacific Clay. Director of Community Development Preisendanz stated he would look into it. PAGE 9 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n Tom Tomlinson spoke of commercial uses for the development of Commercial office space or medical where the existing Pacific Clay is located. He indicated it could also be used for a 60 acre Junior College that could accommodate up to 6,000 students. He indicated part of the issues, with the area, is caused from the Alberhill Treatment Plant for EVMWD. He also spoke of designation ownership as a future Specific Plan subject to the Development Agreement. Director of Community Development Preisendanz indicated staff has wanted to do away from the Specific Plan; he indicated the solution would serve two purposes. He indicated in the Development Agreement it states they would need to submit a Specific Plan. Tom Tomlinson spoke of his concerns with the traffic circulation. n Deputy City Attorney Santana stated that Government Code 65451 requires specific components to be included in a specific plan. She stated there is some certainty with regards to the scope of the project such as utilities, designs and development standards. She stated when the City comes to the environmental stage; the City knows what is to be analyzed. She stated when you have a vague area and it is not known how much commercial or residential would be located or how they would be configured makes it very difficult to get a specific analysis completed in the General Plan Update using the future specific plan designation. She stated because there is a Development Agreement and the City would honor it, the City did the best they could do in analyzing and what could potentially be developed at the maximum intensity in accordance with the future Specific Plan. n Carlton Waters, Urban Crossroads, indicated they prepared the Traffic Study for the General Plan Update and the land use data that was provide was converted into economic data which included dwellings units for the purposes of running the actual traffic model. He stated in the study there is a table that shows low- medium density range which allows up to a maximum of six dwelling units per acre. He stated the study, for each category, established a mid-range density for analysis purposes which is the exact same approach that was taken from the overall County wide RCIP process. He stated, it is very rare that through out the City, every acre of land is developed at maximum density, and using these mid range density gives them a reasonable and defensible basis for doing the General Plan analysis and sizes the roadways appropriately. He indicated, even if every acre of land was shown on the City's Land Use Map, it was calculated as Residential designation and they would have been using four per acre rather than the six units per acre. He indicated he believes there were areas within this particular land area that don't match the boundaries. He indicated the areas that were designated as commercial land would then have been calculated as Commercial areas and would not have had dwelling units associated with them. Director of Community Development Preisendanz stated the Specific Plan looks great however he does not appreciate them stating that the City has done something wrong because the City analyzed an area that was future Specific PAGE 10 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 In Plan based on the Development Agreement and the General Plan. He asked how long it would take to analyze six dwelling units per acre. Carlton Waters indicated he would recommend looking at the changes altogether. He indicated it would take some time to conduct the analysis. . Director of Community Development Preisendanz inquired as to how it would affect the EIR. Carlton Waters indicated the same roadway system be maintained, possibly with some modifications to the recommended roadway system. Chairman O'Neal inquired if mass-transit has been considered for the area. Carlton Waters stated Metro link was not considered at the city level. He also indicated in the General Plan Circulation Element the TIF design for the Nichols interchange was not included in the update. Director of Community Development Preisendanz stated it is being changed as it is no longer L9. He also noted on the District Plan it shows areas of low-medium and should be noted as Alberhill Specific Plan. n Tom Tomlinson spoke of the blue line stream, future extraction area and changing the zoning from Commercial to a Specific Plan in the Pacific Clay area. He also spoke of the Village planning area, making sure it is included in the circulation element. He suggested adopting a new MSHCP policy based on the recent policy direction by the City Council. Director of Community Development Preisendanz indicated the new MSHCP would need to be deferred to the City Council. Steven Miles, legal counsel representing Castle & Cooke acknowledged that Castle & Cooke had an agreement on the designation. He spoke of the General Plan and EIR. He spoke of the recirculation under CEQA, the General Plan Update associated with the MSHCP, the acreage replacement program, and the Housing Element and making changes to spot zoning. Chairman O'Neal closed the Public Hearing at 11 :11 p.m. INFORMATIONAL None. n STAFF COMMENTS Director of Community Development Preisendanz commented on the following: PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 29, 2008 n . He spoke of a Study Session to be held on May 13th at 4:30 p.m. between the City Council and Planning Commission. He indicated that Hogle-Ireland would be providing a presentation on the Housing Element. PLANNING COMMISSIONERS' COMMENTS None. ADJOURNMENT It was motioned by Commissioner Mendoza, seconded by Commissioner Flores to adjourn to the May 6, 2008 Regular Planning Commission meeting. at 6:00 p.m.. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjoumed at 11 :18 p.m. Respectfully Submitted, n j~ (I VrOdJ' Dana C. Porche Office Specialist III ATTEST: ~ \~~o-J Tom Weiner Acting Director of Community Development n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 6, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:13 p.m. PLEDGE OF ALLEGIANCE: Vice Chairman Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI ABSENT: NONE Also present were: Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Director of Public Works Seumalo, Planning Consultant Coury, Planning Technician Miller, Associate Planner Resendiz, Planning Technician Bitterolf, Planning Consultant Donahoe, Associate Planner Carlson, and Office Specialist Herrington. PLANNING COMMISSION ADDED ITEM NO. 10 UNDER BUSINESS ITEMS Deputy City Attorney Santana received a request to have an item re-opened for public comments. She stated the request was received after the Planning Commission Agenda had been posted and therefore was not placed on the present Agenda. She stated should the Commission wish to have it placed on the Agenda under Business Items, a motion must made and passed by a 2/3 vote of the Commission, making a finding that there is a need to take immediate action and the need arose after the Agenda was posted. It was motioned by Commissioner Zanelli, seconded by Chairman O'Neal to add to the end of the Agenda in the Business Items, a request for a Public Hearing on May 20th, 2008, for the purpose of allowing public comments, on staff responses 1 to the public comments that were made during the General Plan Update on the April 15th and 29th Planning Commission Hearings. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS ON NON-AGENDA ITEMS Joseph Yuban, Yucipa, addressed the Commission regarding the General Plan Update. He addressed an area that was not part of the Country Club Heights Study and was concerned on the timing of the General Plan Update. Tim Fleming, resident, spoke of the new Land Use Plan. He requested the Commission stop the proposed General Plan Update from going to the City Council. William Trisler, resident, asked the Commission to review his alteration plans in order to prevent the City from having to demo the front portion of his house. Chairman O'Neal asked Mr. Trisler which staff member had he spoke with. Mr. Trisler stated he has spoken with the Director of Community Development Preisendanz, and the Planning Manager. Chairman O'Neal pointed out the item is not on the Agenda and therefore isn't something that could be discussed. Director of Community Development Preisendanz indicated the City's Code Enforcement has placed the house into the Structure Abatement Program and extension's have been given to Mr. Trisler. He suggested that staff discuss this further with the Building Official. Chairman O'Neal asked the Director of Community Development Preisendanz if a 3D-day extension could be granted in order for Mr. Trisler to obtain financial assistance. Director of Community Development Preisendanz agreed. 2 PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.1 The following item was listed on the Consent Calendar for Planning Commissioner approval: 1. Minor Desion Review of a Sinole-Familv residence located on Strickland Avenue (APN: 375-011-012) It was motioned by Commissioner Zanelli, seconded by Commissioner Mendoza to adopt Resolution No. 2008-35, approving a Minor Design Review for a conventionally built single-family dwelling unit located Strickland Avenue. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING ITEMS 2. Tentative Parcel Map No. 36017 and Residential Desion Review No. 2007-12 located at Lakeshore Villaoe Apartments Chairman O'Neal opened the Public Hearing at 6:27 p.m. Abraham, (speaker unable to hear last name) stated he owns property adjacent to this project and requests help with intercepting all existing and proposed run off before reaching his property. Planning Consultant Coury stated that he would discuss with Abraham and the Engineering Department regarding drainage. It was motioned by Commissioner Flores, and seconded by Commissioner Mendoza to continue the Tentative Parcel Map No. 36017 and Residential Design Review No. 2007-12. The following vote resulted: 3 AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Conditional Use Permit No. 2008-08 for a Martial Arts School located at 29460 Hunco Way. Unit D. within the "Pasadena Business Park" Chairman opened the Public Hearing at 6:31 P.M. Director of Community Development Preisendanz introduced Planning Technician Miller to provide an overview of the project with the Planning Commission. Planning Technician Miller provided the Commission with an overview of the project. She stated staff recommends approval of the project based on the Findings, Exhibits and is subject to the Conditions of Approval. She indicated that the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested the applicant to approach the podium. Konrad Spellman, applicant indicated that he has read and agrees to the Conditions of Approval. Commissioner Flores indicated he concurs with staffs recommendation. A motion was made by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to adopt Resolution No. 2008-36, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2008-08. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE 4 - ABSENT: NONE ABSTAIN: NONE 4. Conditional Use Permit No. 2008-03 for Glory Skateboards-Indoor Skate Park facilitv located at 18541 Collier Avenue, APN: 377-151-093 Chairman O'Neal opened the Public Hearing at 6:33 p.m. Director of Community Development Preisendanz introduced the item and indicated that Associate Planner Resendiz would provide the Commission with an overview of the project. Associate Planner Resendiz provided an overview of the project to the Commission. He stated that staff recommends approval of the project based on the Findings, Exhibits, and is subject to the Conditions of Approval. He noted the applicant is available to discuss any questions that the Commission may have. Chairman O'Neal requested the applicant to approach the podium. Jonathon Mills, applicant, for the project stated he agrees to all of the Conditions, however just learned prior to the meeting that staff is now requesting a security guard. He noted the two on-site employees would be monitoring the premises and felt having a security guard would be an un- necessary expense. Director of Community Development Preisendanz noted staff's original concern was having safety in the Business Park and the project is managed well. He noted the Condition could be re-written to include language of the two staff members monitoring the premises. Chairman O'Neal closed the Public Hearing at 6:37 p.m. Vice Chairman Gonzales asked the applicant how many students could be at the facility at a time. Mr. Mills estimated the project could hold approximately 30 customers at one time. It was motioned by Commissioner Mendoza, seconded by Commissioner Flores to adopt Resolution No. 2008-37, approving Conditional Use Permit No. 2008-03 including the modification to the Conditions of Approval as recommended. The following vote resulted: 5 AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 5. Conditional Use Permit No. 2007-28 and Tentative Condominium Map No. 35890 "Fairwav Business Park" Chairman O'Neal opened the Public Hearing at 6:39 p.m. Director of Community Development Preisendanz introduced Planning Technician Bitterolf and indicated he would be providing the Commission with an overview of the project. Planning Technician Bitterolf provided the Commission with an overview of the project. He noted a correction to the staff report located under the Background Heading, 1st sentence should read: On December 06, 2007 and December 27, 2007. He stated staff recommends approval of the project, based on the Findings, Exhibits, and is subject to the Conditions of Approval. He stated the applicant is available to answer any questions the Commission may have. Mike Schweitzer, representing the applicant indicated he agrees to the Conditions of Approval. Chairman O'Neal closed the Public Hearing at 6:42 p.m. Commissioner's Flores noted the expired Engineer's Professional Stamp is out-dated and recommended before the project is heard before City Council, that the stamp is fixed. Chairman O'Neal requested a motion. It was motioned by Commissioner Flores, seconded by Commissioner Mendoza to adopt Resolution No. 2008-38, approving Conditional Use Permit No. 2007-28. The following vote resulted: 6 AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Vice Chairman Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-39, recommending City Council approval of Tentative Condominium Parcel Map No. 35890. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 6. Conditional Use Permit No. 2007-27 and a Minor Desiqn Review - "T-Mobile" wireless monopalm cellular tower facilitv Chairman O'Neal opened the Public Hearing at 6:45 P.M. Director of Community Development Preisendanz introduced Planning Consultant Coury and indicated he would be providing an overview of the project with the Commission. Planning Consultant Coury provided an overview of the project to the Commission. He noted a correction to the staff report located under the project description heading, second sentence should read: 1,105 square foot lease area. He indicated staff is recommending approval of the project based on the Findings, Exhibits and is subject to the Conditions of Approval. He noted that the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested the applicant to approach the podium. 7 Monica Moreta, applicant, indicated she agrees to the Conditions of Approval. Chairman O'Neal closed the Public Hearing at 6:47 p.m. It was motioned made by Commissioner Mendoza, seconded by Commissioner Flores to adopt Resolution No. 2008-40, approving Conditional Use Permit No. 2007-27. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE A motion was made by Vice Chairman Gonzales, and seconded by Commissioner Mendoza, to adopt Resolution No. 2008-41, approving a Minor Design Review for the design and construction of aT-Mobile "monopalm" wireless antenna tower facility. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMANGONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 7. Conditional Use Permit No. 2005-26. Tentative Tract Map No. 34346 for condominium purposes. and Residential Desian Review No. 2005-27. for "The Colonv." Chairman O'Neal opened the Public Hearing at 6:49 p.m. 8 Project Planner Donahoe provided a brief overview of the project. She noted the applicant has requested that Condition of Approval Numbers 87 and 101 be modified. She recommended approval of the project based on the Findings, Exhibits and is subject to the Conditions of Approval. She also indicated the developer and their team were available to answer any questions the Commission may have. Chairman O'Neal asked which buildings were two-stories. Project Planner Donahoe stated that buildings A & 8 along Mission Trail are the two stories buildings. Chairman O'Neal requested the applicant to approach the podium. Peter Bachmann, applicant, thanked the staff for assistance with the project and stated that he agrees to the Conditions of Approval. Chairman O'Neal requested any public speakers to speak either for or against the project. Leonard Leichnitz, Lumos Communities LLC., spoke in opposition of the project due to the project being too dense, zoning issues and too many housing units allowed within the East Lake Specific Plan. Project Planner Donahoe addressed the density issue. She pointed out to the Commission that the R-2 designation allows up to 14 dwelling units per acre. She also indicated staff has prepared a Conditional Use Permit which is required by the East Lake Specific Plan, should an R-3 project be implemented within an R-2 designation. Project Planner Donahoe also spoke of the loop road system. She indicated staff determined that the deletion of the loop road to the north of Olive Street could be eliminated, as it does not circulate traffic as it had originally intended to do. Project Planner Donahoe also addressed Mr. Leichnitz's concern with the numerous driveways that would exit onto Mission Trail. She indicated it is staffs belief that the other properties that are vacant and available along Mission Trail would follow suit, due to the flood storage basin requirements for any project within the East Lake Specific Plan. Project Planner Donahoe addressed the concern of the traffic study that was conducted for the area. She noted it is common for a traffic impact analysis to be conducted during the approval process. She pointed out the project was designed for active senior living with all of the amenities. 9 Deputy City Attorney Santana noted there was a comment made regarding the appendix "A". She stated the Land Use Map is in conjunction with the narrative explanation which controls the land use. Chairman O'Neal closed the Public Hearing at 7:46 P.M. and brought the discussion back to the Commission for comments. Commissioner Flores asked staff the amount of traffic signals being installed. Mr. Bachmann indicated that the traffic signal at Olive and Mission Trail be installed prior to occupancy. Commissioner Flores asked about the plugging of the abandoned on site well. Project Planner Donahoe indicated the City's Environmental Consultant felt this information needed to be identified in the report. Commissioner Mendoza noted it was unusual to see a three-story building in a senior complex. Mr. Bachmann pointed out to Commissioner Mendoza that all building is designed to have elevators and all units are single-story. Vice Chairman Gonzales noted that since seniors would have golf carts, there be a trail for them to get to the nearby golf course. Mr. Bachmann indicated that there would not be a trail. He noted the carts would be used for commuting around community. Vice Chairman Gonzales asked about the water holding tank. Scott Wilson, civil engineer indicated that there would be some drainage coming from Sedco Hills. He noted that there are specific points that collect the water which comes through the back basin. He indicated for this area the water goes towards Olive Street and is collected through a channel that is just to the south. A motion was made by Commissioner Zanelli, seconded by Vice Chairman Gonzales to adopt Resolution No. 2008-42, recommending that the City Council of the City of Lake Elsinore, California adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: 10 AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Zanelli, second by Commissioner Flores, to adopt Resolution No. 2008-43, recommending to the City Council of the City of Lake Elsinore adoption of Mitigated Negative Declaration No. 2008-06. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Flores, second by Commissioner Zanelli to adopt Resolution No. 2008-44, approving Conditional Use Permit No. 2005- 26. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 It was motioned by Commissioner Flores, second by Commissioner Mendoza to adopt Resolution No. 2008-45, recommending to the City Council approval of Tentative Tract Map No. 34346. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, second by Commissioner Zanelli to adopt Resolution No. 2008-46, recommending to the City Council approval of Residential Design Review No. 2005-27. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman O'Neal requested a five-minute recess at 7:59 P.M. and reconvened the meeting at 8:05 p.m. 8. Conditional Use Permit No. 2008-09: a Request to Establish a Live Music. Dancino, and Entertainment Venue within the Restaurant Area of an Existino BowlinQ and Arcade Facilitv Located at 32250 Mission Trail (APN 365-040- 024) Lake Elsinore, CA 92530 Chairman O'Neal opened the Public Hearing at 8:05 p.m. 12 Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Manager Weiner to review it with the Commission and answer questions. Planning Manager Weiner provided an overview of the project and stated the applicant is requesting a Conditional Use Permit (CUP) approval for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. He discussed the interior improvements that would be made, and parking and circulation and stated that the Conditions that were recommended include security measures, hours of operation, alcohol related items, and site maintenance. He indicated staff received one (1) letter in opposition to this, which was distributed to the Commission. Michel Knight, applicant, stated his original plan was to have mixed use with a bowling alley at the back of the building, but staff said there would be parking issues with mixed use and suggested that the entire project be turned into an Entertainment Center. Mr. Knight stated that he agreed with staff's suggestion but indicated that this project, including advertising cost, was approximately $4 million. He also indicated he is having a difficult time getting people to come there and also to get qualified employees to work there. He said the building continually gets graffiti and according to one of the Conditions of Approval, it is supposed to be cleaned up within 24 hours. He also inquired as to who gets the invoice for the clean up. He continued to explain that the reason the landscaping hasn't been done is that he has to keep replacing the sprinkler heads because they keep getting stolen. He also asked for security for the building. Chairman O'Neal asked Planning Manager Weiner if the landscaping can be done by the owners of the property. Planning Manager Weiner stated a request can be made to the Landlord to complete the landscaping. Director of Community Development Preisendanz indicated to Mr. Knight that the City can request Code Enforcement to handle the security. Mr. Knight indicated this would help. Mr. Knight stated for approximately six months, the Lake Elsinore Elks Club has been utilizing the back area of the building that was the children's arcade (approximately 8,000 square feet), at no cost, because their building burned. He continued by stating they could continue to use it free of charge until they rebuild. He also requested that this space be used for future events such as weddings, public events, live entertainment for concerts, etc. because there is a need for a facility of this size for various functions. 13 Alfredo Garcia, resident, stated he and other associates have been involved in the preparation of the blueprints for Trevi Center. He indicated they have been reviewing the requirements and they are doing their best to meet all the requirements. He stated he understands the City Council, the Planning Commission, and staff would like to do what is best for the City and its community and they also share that vision. Alexis Cossna, representing the Best Western Hotel, Lake Elsinore, California, requested that the "permit" not be given to Trevi Entertainment Center. She indicated she works at the Hotel behind the Trevi Center and stated there has been a lot of noise coming from the center as a result of bands, etc. and that her customers are complaining about the noise and requesting refunds. She also indicated there may be problems in the future because of all of the people that are going to these events. She continued by stating, they have called the police several times and said that this could ruin their business. Mukish Patel, representing the Best Western Hotel, Lake Elsinore, California, stated that he is opposing a "permit" be given to Trevi Entertainment Center because the Hotel is getting a lot of complaints from the guests regarding loud music, crowds, etc. and have had to give refunds to customers. He stated the Hotel is a benefit to the City and if the "permit" is approved there will be problems for nearby businesses and residents that live in the area. Ajay Patel, General Manager of the Best Western Hotel, stated there have been many complaints made regarding the noise coming from Trevi Entertainment Center. He is concerned if the doors are left open when music is playing, there will be considerable noise to the guests staying at the Hotel. He also indicated there has been problems with loitering at the back of the building and has concerns of about controlling the crowds that will be going there in the future. Bryce Ebeling, owner of Money Mailer, Temecula, California indicated that he is an Advisory Board Member of the Temecula Valley People Helping People, and Ambassador for Temecula and Murrieta Chambers of Commerce. He requested "permits" for Trevi Center be permanently denied until they begin abiding by City laws. He stated Trevi owes approximately $14,000 to "Money Mailer" in Temecula and also owes money to other organizations. Chairman O'Neal asked that Mr. Ebeling not discuss what Trevi Center owes to other organizations because he does not represent those organizations. Mr. Ebeling concluded by stating Trevi Entertainment Center consistently ignored City codes, and began construction in January 2007 without having City permits; he did not complete landscaping, he ran and operated a night club without permits. He concluded requesting that the permit be denied. 14 Mr. Knight responded back to Mr. Ebeling regarding his statements and said that Trevi Entertainment Center has only been in the City for one (1) year and has not seen any collections on any of this. He stated that regarding live music being played at Trevi Entertainment Center, currently the Elks Club play music there 3 times a week with the doors closed and doesn't believe there have been any complaints made in the last six months. He stated there would not be live music on the patio and when it is in the building, the doors will always be closed. He also mentioned when he started the project, the Director of Community Development Preisendanz and Planning Manager Weiner suggested it would be a great idea if there was a walkway or an escalator between Trevi Entertainment Center and the Best Western Hotel so that it would give their guests a way to come to the Center and be entertained. Chairman O'Neal closed the Public Hearing at 8:36 p.m. Commissioner Flores thanked the local business owner who came out to speak against Trevi Lanes. He asked Mr. Patel if there were any complaints by Hotel guests regarding the Baseball game being playing nearby. Mr. Patel stated there were no complaints from the baseball game being played because the game is over by 10:00 or 11 :00 pm and stated there is loud music coming from Trevi Lanes until 12:00 a.m. to 1 :00 a.m. Commissioner Flores asked if there were many customers that have gone to Trevi Entertainment Center that have stayed at the Hotel. Mr. Patel didn't know. Commissioner Flores stated to Mr. Patel that if the guests are going to Trevi Entertainment Center and stayed at their Hotel it would be a benefit for his business and indicated that the other Hotel near Trevi Entertainment Center hasn't made any complaints about the noise. Commissioner Flores confirmed with Mr. Knight that when there is music playing the doors to the patio need to be closed. Mr. Knight indicated the doors would be closed when there is music playing. Chairman O'Neal asked with Mr. Knight if there would BBQ uses during the day. Mr. Knight stated that they are proposing a mesquite BBQ on Sundays. Commissioner Flores stated he is glad that Trevi Entertainment Center is in the City. He indicated his family has had the opportunity to utilize Trevi Entertainment Center and he believes that the bowling alley and entertainment center has been needed in the City. He acknowledged that 15 the City has had issues with Mr. Knight in the past, but the issues have been resolved and he believes that Trevi Entertainment Center would be a plus for the City and for the citizens of the community. Commissioner Mendoza stated that he believes that Mr. Knight's intensions are great and the entertainment is fantastic. He indicated that he was a strong supporter of the project even though there was illegal construction going on. He stated that Mr. Knight failed to abide by the City codes and also indicated that he requested information from the Sheriff's Department regarding the types of problems that have occurred there since they have opened. He conveyed that the Sheriff's Department stated that there have been several problems. Commissioner Mendoza indicated that he doesn't believe that Mr. Knight is monitoring the doors when music is playing and said that he cannot currently support the request for the CUP until he shows good faith and resolves the issues. Vice Chairman Gonzales asked Mr. Patel if the noise coming from Trevi Entertainment Center was coming from inside of the building while the doors were open or was the noise coming from outside behind the building where the customers should not be gathering? Mr. Patel stated that in October or November he noticed there were about 200 people at the rear of the building, entering in and out of the area and they were very loud. Vice Chairman Gonzales indicated he went by Trevi Entertainment Center recently and the security door was not on. He stated to Mr. Patel, if there are people loitering behind the building, this would be a police and security issue, and asked Director of Community Development Preisendanz if there is a Noise Ordinance in place. Director of Community Development Preisendanz stated that there is a Noise Ordinance. Vice Chairman Gonzales stated, if there is a loitering problem, security needs to be increased and referred to Condition No. 33 regarding monitoring of surveillance. Mr. Knight indicated that the Police Department would be requiring security cameras. Vice Chairman Gonzales asked Mr. Knight what the facility would be utilized for. Mr. Knight stated, the facility is not a night club, but rather utilized for various functions such as weddings, parties, etc. Vice Chairman Gonzales asked what the hours of operation are. 16 Mr. Knight stated, during the week they close at 12:00 a.m. and stop serving alcohol at 11 :00 p.m. He noted on the weekends they close at 2:00 a.m. and stop serving alcohol at 1 :00 a.m. He stated they will follow the Noise Ordinance. Chairman O'Neal stated to Mr. Ebeling as far as any money that is owed to him by Mr. Knight, it has no place at the Planning Commission meeting. Chairman O'Neal indicated he supports the CUP. Commissioner Zanelli stated that he agrees with Commissioner Mendoza in that he cannot support the Conditional Use Permit until Mr. Knight can demonstrate that he can comply with the requirements of the City. Mr. Knight indicated that that he would be relocating the storage containers to another facility within 60 days. Planning Manager Weiner requested clarification regarding the Conditions of Approval regarding the night club use. Chairman O'Neal asked the Director of Community Development Preisendanz to address these questions and asked him to explain how he feels about Trevi Entertainment Center. Director of Community Development Preisendanz indicated that there have been problems in the past, but Mr. Knight has resolved the problems. He indicated that the City is not opposed to a night club there, but the request is for a multi purpose room which would have scheduled events within it and that it would be called the Illusions Club. He indicated the CUP on the application is for "live entertainment" and recommended that it be operated and approved as an umbrella for an entire club and have Conditions of Approval to support this. He indicated that staff has not received Conditions from the Police Department and that they will be getting comments from Chief Fetherolf. Chairman O'Neal asked Director of Community Development Preisendanz to respond to Commissioner Zanelli and Commissioner Mendoza's comments regarding the problems that Trevi Entertainment Center has had in the past and explain how the City has dealt with these problems. Director of Community Development Preisendanz stated there have been problems in the past and stated that Mr. Knight has agreed to address these problems. He indicated there is only one more inspection left for fire and one more inspection left for building. He reiterated that the City's vision is to have a club venue, not a full time night club, which would be more efficient and affective for staff, if approved. 17 Commissioner Zanelli stated, it is the responsibility of management to make sure there is no loitering behind the building; he also indicated that according to what has happened in the past, he advised that the permit be revoked. Mr. Knight stated that he would have enough security when there are parties, and he would be responsible for controlling the crowds. He indicated if there are gangs that come into the area, this would be a police issue. Vice Chairman Gonzales asked if Mr. Knight if he could put security gates at the back of the building. Director of Community Development Preisendanz stated that he would need to check with the Fire Department regarding this, but believes this could be a fire hazard. Director of Community Development Preisendanz concluded by saying that he believes Trevi Entertainment Center could have a positive venue as long as all of the various issues are resolved, then Mr. Knight could have an affective and successful business. Commissioner Zanelli stated that staff needs to strike Conditions 17 and 18. Deputy City Attorney Santana addressed Condition of Approval No. 37 regarding loitering and read the Condition. Director of Community Development Preisendanz stated they were deleting Condition Numbers 17 and 18, and deleted the first sentence of Condition No. 29. Chairman O'Neal stated to the other Commissioners that he would be the first to stand by the other Commissioners if there are any significant problems but he would like to give Mr. Knight the benefit of the doubt. It was motioned by Commissioner Flores, second by Vice Chairman Gonzales, adopting Resolution No. 2008-47, approving Conditional Use Permit No. 2008-09. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE 18 ABSTAIN: NONE 9. Uniform SiQn Proaram No. 2007-10 ("The Plaza at Lakeview" Medical Offices) Director of Community Development Preisendanz introduced Associate Planner Carlson and indicated that he would provide the Commission with a brief overview of the project. Associate Planner Carlson provided the Commission with an overview of the project. He recommended approval of the project based on the Findings, Exhibits and is subject to the Conditions of Approval. He noted the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested that applicant to approach the podium. Jack Tine, applicant, indicated he agreed to the Conditions of Approval. He suggested to the Commission to have the Urgent Care portion of the sign dual lit, due to the nature of the business. Associate Planner Carlson stated that he has discussed this with the applicant and would appear consistent. Chairman O'Neal requested any public speakers to speak for or against the project. Chairman O'Neal requested a motion. It was motioned by Commissioner Mendoza, seconded by Commissioner Zanelli to adopt Resolution No. 2008-48, approving Uniform Sign Program No. 2007-10. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Commissioner Mendoza left the meeting at 9:20 p.m. 19 10.Add a Public HearinQ on Mav 20th, 2008 for the Purpose of AllowinQ Public Comments on Staffs Comments ReQardinQ the General Plan Update HearinQs held on April 15th and 29th Deputy City Attorney Santana indicated this item is for the purpose to vote on whether the General Plan Update should be heard on May 20, 2008. She indicated that this would provide an opportunity for the public to comment on staff's responses received at the April 15th and 29th Planning Commission Meeting. It was motioned by Commission Zanelli, second by Commissioner Flores to add a Public Hearing on May 20th, 2008 for the purpose of allowing public comments on staffs comments regarding the General Plan Update meetings held on April 15th and 29th, 2008. The following vote resulted: AYES: CHAIRMAN O'NEAL VICE CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER ZANELLI NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE STAFF COMMENTS Director of Community Development Preisendanz commented on the following: . He thanked staff for the great job providing reports to the Commission and congratulated Planning Technician Miller on her first Planning Commission meeting. PLANNING COMMISSIONER'S COMMENTS Commissioner Zanelli commented on the following: . He spoke of how well staff served the Commission. Commissioner Mendoza commented on the following: . No comments. 20 Commissioner Flores commented on the following: . No comments. Vice Chairman Gonzales commented on the following: . No comments. Chairman O'Neal commented on the following: . No comments. ADJOURNMENT It was motioned by Commissioner Mendoza, seconded by Chairman O'Neal to adjourn to a Regular Planning Commission Meeting to be held on May 20, 2008 at 183 N. Main Street, Lake Elsinore, CA 92530. The Planning Commission meeting adjourned / Respectfully Submitted, j/OiAL (!- (J@.1(Ih' Dana C. Porche' Office Specialist III ATTEST: ~ , Rolfe M. Preisendanz, Director of Community Development 21 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 20,2008 CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the regular Planning Commission meeting to order at 6:01 P.M. PLEDGE OF ALLEGIANCE Commissioner Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN O'NEAL VICE-CHAIRMAN GONZALES COMMISSIONER FLORES COMMISSIONER MENDOZA ABSENT: COMMISSIONER ZANELLI Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director Seumalo, Planning Consultant Miller, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Items) There were no requests to speak. COMMISSION APPROVED CONSENT CALENDAR ITEMS 1. Reqular Planninq Commission Meetinq Minutes for April 15, 2008 Recommendation: Approval - It was moved by Commissioner Flores, and seconded by Commissioner Mendoza to approve Consent Calendar Items. 1 The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABST AI N: None PUBLIC HEARING ITEM(S) 2. Mitiqated Neqative Declaration No. 2006-03, Tentative Tract Map No. 35869 for Condominium Purposes, Planned Unit Development No. 2008-01, Conditional Use Permit No. 2006-06, and Residential Desiqn Review No. 2006-17 Chairman O'Neal opened the Public Hearing at 6:05 pm. - Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Miller to review it with the Commission. - Planning Consultant Miller indicated that this is a multi-tiered project to include a Tentative Tract Map No. 35869 for a one (1) lot condominium map with a total of thirty-one (31) units with six (6) units that would be utilized as Mixed Use type units allowing retail, commercial and office use. She stated that the second unit is a Planned Unit Development No. 2008-01, which is a process that establishes a creative mix of uses within an area that is smaller than generally appropriate for a Specific Plan. She noted that this project would also have a recreational facility that would serve both sections. She noted that a Conditional Use Permit is necessary because the project site is located within Future Specific Plan Area "I" that allows for Interim Development. She indicated that the last "piece" of the review is Residential Design Review No. 2006-17, which includes the construction of eight (8) buildings, a recreational facility and associated improvements on a 2.7 net acre vacant lot. She stated that staff recommends that the Planning Commission recommend to the City Council adoption of the Mitigated Negative Declaration No. 2006-03, Planned Unit Development No. 2008-01, Tentative Condominium Map No. 35869, Residential Design Review No. 2006 -17 and approve Conditional Use Permit No. 2006-06 based on the Findings, exhibits, and subject to the conditions of approval. She noted that the applicant is available to answer any questions that the Commission may have. Chairman O'Neal requested Matthew Fagan, applicant to the podium. 2 Matthew Fagan spoke in favor of the project and indicated that he is representing the owners of the project, Ron and Dana Jiron. He indicated that he agrees to the Conditions of Approval. He requested clarification to Condition #6. Chairman O'Neal closed the Public Hearing at 6:15 P.M and brought the discussion back to the dais. Commissioner Flores noted that Planning Consultant Miller did an excellent job on her presentation. He requested clarification on the proposed Lakeshore (Lake Edge District) Overlay boundaries. Director of Community Development Preisendanz noted that this project would be within the Lakeshore Overlay District, per the General Plan, which would include all properties within the lake area. Commissioner Mendoza stated that he likes the monument design and appreciates comments from the staff. Vice Chairman Gonzales requested clarification on the signage of the business. Planning Consultant Miller stated that the applicant was going to submit a sign program, to come back to the Commission at a later date. Vice Chairman Gonzales requested clarification on the fencing between the drainage ditch and the condominiums. Matthew Fagan stated that it would be a 6-foot wall. Chairman O'Neal indicated that it is this is a great project. It was moved by Commissioner Flores, and seconded by Commissioner Mendoza to adopt Resolution No. 2008-49, recommending to the City Council of the City of Lake Elsinore adoption of Mitigated Negative Declaration No. 2006- 03. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Zanelli ABST AI N: None 3 It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to approve and adopt Resolution No. 2008-50, recommending City Council of the City of Lake Elsinore, California, adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commercial Zanelli ABST AI N: None It was moved by Commissioner Mendoza, and seconded by Commissioner Flores to approve and adopt Resolution No. 2008-51, recommending to the City Council of the City of Lake Elsinore, California, approval of Planned Unit Development No. 2008-01. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None It was moved by Commissioner Gonzales, and seconded by Commissioner Mendoza to approve and adopt Resolution No. 2008-52, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2006-06. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza 4 - NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None It was moved by Commissioner Mendoza, and seconded by Commissioner Flores to approve and adopt Resolution No. 2008-53, recommending to the City Council of the City of Lake Elsinore, California, approval of Tentative Tract Map No. 35869 for condominium purposes to be located at 15712 Grand Avenue. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None It was moved by Vice Chairman Gonzales, and seconded by Commissioner Mendoza to approve and adopt Resolution No. 2008-54, recommending to the City Council of the City of Lake Elsinore, California, approval of Residential Design Review No. 2006-17. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABSTAIN: None 3. Zonina Ordinance Text Amendment No. 2008-03 (Desian Review Extension of Time). Chairman O'Neal opened the Public Hearing at 6:28 P.M. and requested the reading of the Staff Report. 5 Planning Manager, Tom Weiner indicated that this request is for the Planning Commission to recommend to the City Council a Zoning Ordinance Text Amendment that would modify a portion of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (L.E.M.C.) He noted that neighboring communities have adopted guidelines allowing extensions of development approvals for periods between three (3) to five (5) years. He stated that the proposed changes to the existing LEMC guidelines include, an expiration period of two (2) years from the date of approval; the provision of a one (1) year administrative extension that could be granted by the Director of Community Development and the provision of an additional one (1) year extension by the approving body, with a total maximum extension period of four (4) years. There being no speakers, Chairman O'Neal closed the Public Hearing at 6:30 P.M. and brought the discussion back to the dais for Commissioners comments. Commissioner Mendoza noted that this is a great modification to the Ordinance and will help with projects in the future. Vice Chairman Gonzalez concurs with Commissioner Mendoza. Commissioner Flores asked if there are any additional costs during the extension period. Planning Manager Weiner stated that if there were to be any additional costs. they would be minimal. He noted that staff would use existing development deposit funds. Chairman O'Neal requested the reading of the Resolution. It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to approve and adopt Resolution No. 2008-55, recommending to the City Council of the City of Lake Elsinore, California, approval of Zoning Ordinance Text Amendment No. 2008-03 and the adoption of the Negative Declaration therefore. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None ABSENT: Commissioner Zanelli ABST AI N: None 6 4. General Plan Update and Environmental Impact Report Chairman O'Neal opened the Public Hearing at 6:32 P.M. Director of Community Development Preisendanz indicated that this item is to present an update of the General Plan Update and Environmental Impact Report. He indicated that staff has requested additional time to complete the update. He noted that he would like to propose five (5) new items to the Commission which he requested to be continued off calendar to an undetermined date. He requested the Planning Commission's attention to a letter that he received titled "urgent action required", which was circulated by an anonymous author. He noted that the letter states that City staff is requesting Planning Commission approval of the General Plan this evening, and notes that this information is incorrect. He stated that staff is currently working on obtaining additional analysis and will be coming back to the Commission at a later date. He further requested additional fine tuning in the Land Use Plan, for the purpose of topographical considerations that have been raised by the Planning Commission and the public. Director of Community Development Preisendanz stated that staff has received phone calls pertaining to legal property lots, especially within Country Club Heights. He stated that the City continues to respect those lots. He stated that the Land Use that is being proposed on these areas is for new sub-divisions. He stated that the first item that he suggested to the Commission is the idea of Land Use "fine tuning". He noted that this is due to the contours and variations in the topography of land throughout the City, especially within the Country Club Heights District. He noted that staff would carefully "fine tune" the preferred Land Use Plan by performing extensive site visits. Director of Community Development Preisendanz also spoke of Land Use changes that he proposed to the Commission that addressed the development of custom homes adjacent to the lake along Lakeshore Drive. He stated that staff has identified a need to create a new Land Use designation for the area generally located between Cowell and Lowell Street along Lakeshore Drive. He stated that the proposed new Land Use designation would be included in Chapter 2 in the General Plan and would be entitled "Lakeside Residential." He noted the description, which he read for the record; This designation provides for custom single family homes that provide orientation and accessibility to the lake for private use only. Residential densities for new subdivisions should not exceed one (1) dwelling unit per 10,000 net square feet. Floor Area Ratio (FAR) and lot coverage shall be calculated on the area of the property remaining above the "Ordinary High Water Mark". He noted that this is a draft, based on public and Planning Commission input. 7 He spoke of the second area of Land Use fine tuning which would be located north of the intersection of Gunnerson and Pinnell Street and staff is recommending a low medium density residential which would allow three (3) to six (6) dwelling units per acre. The third area of "fine tuning" that Director of Community Development Preisendanz spoke of, was pertaining to APN numbers 375-342-017, 020 & 021 to be designated as Neighborhood Commercial and the areas that are identified as 375-344-003,004,010,012,013, and 015 thru 019 be designated Residential Mixed Use. He stated that the purpose is to provide some Neighborhood Commercial within the Country Club Heights area and continue that type of use from that point, to Chaney Street. Lastly, he spoke of the property at the intersection of Lakeshore Drive and Machado Street, and other retail venues in the area. He stated that staff is recommending that the properties east of Clement Street along Lakeshore Drive to the existing Stater Brother's Shopping Center be designated Neighborhood Commercial. Director of Community Development Preisendanz again clarified that this project would be coming back to the Commission at a later date as a Public Hearing and would be noticed properly. Brian Dahl, resident spoke of his commercial property along Lakeshore Drive. Director of Community Development Preisendanz indicated that this area is best served as Neighborhood Commercial because it would serve the neighbors in that area. Mr. Dahl noted that the area is currently zoned as Commercial Park, which is very restrictive for the type of building that he owns. Terry Thielen, property owner noted the lack of sewer, and the septic tanks that are leaking into the lake. Director of Community Development Preisendanz indicated that he could build on his lot if he meets all of the standards. He noted that one of the standards is that he would need to provide some type of sanitary system. He noted that having a sewer line would be the best idea; however identified that the cost is prohibited. - John Outhuijse, resident spoke of the property along Riverside Drive. He stated that he is the owner of the "Outhouse" & Camp Ground and requested clarification on the zoning. Director of Community Development Preisendanz stated that the City is looking at having the area zoned as Commercial, up to the Jack in the Box, and noted that the current proposed General Plan Update Land use designations is Residential Mixed Use, which is not appropriate for that area. Director of Community Development Preisendanz noted that staff would take a look at the property and see what could be done. Rosemarie Cincinelli-Stevens, property owner indicated that she received a copy of a flyer and is greatly upset. She stated that she has written a letter to the 8 City; however chooses not to read it for the record. She further stated that Director of Community Development Preisendanz answered most of her questions. She suggested to the Commission to notify as many property owners as possible of any changes. Josh Campbell, property owner asked why the City would want to change his lot designation. Chairman O'Neal clarified that his lot would not change as it is legal non-conforming. Josh Campbell noted that he would like to see services provided to that area. Hardy Strozier, representing Mr. Joe Huband stated for the record that he appreciates the direction that staff is taking with the General Plan Update and how this will resolve many future issues. He requested to meet with staff to discuss the Lake Edge District, TTM 32786; Centex Homes land lock issues, and the Country Club Heights area. Director of Community Development Preisendanz indicated that he could meet with him at a later date. Paul Castagno, resident spoke of the changes to the General Plan Update, however some of the questions remain unanswered. He spoke of the changes to the Lakeshore Overlay District, camping along the beach, and weed abatement. He noted that the City is continuing to obstruct development along Lakeshore Drive, which doesn't make sense for the community. He also noted that decisions are delayed when property owners want to be involved in the upgrade of the lake, and decisions are made behind closed doors. He stated that his recommendation is to send the General Plan Update back to staff for redesign. Moises Pabon, resident asked if there have been any zone changes regarding his auto repair shop off Hwy 74. Director of Community Development Preisendanz indicated that this would be discussed at the next meeting. Elbert Smith, 4491 E. Ridge Gate, Anaheim, thanked the Commission for reconsidering the property along Lakeshore Drive by proposing it to Neighborhood Commercial. He advised the Commission that he is not a resident of the area, but frequently visits Lake Elsinore. He indicated that he would like to see more tourist developments for the lake. He also spoke of his business that he had in Lake Elsinore and how he tried to improve the property, but indicated that he did not feel that he received any encouragement from city staff, and eventually had the structure removed. Dennis Fahey, resident stated that he is very happy to see the changes. He asked if he could merge his lots. Director of Community Development Preisendanz indicated "Yes". Mr. Fahey also spoke of the FEMA website that has a manual of what could be built within the flood plain. Chairman O'Neal requested a short recess at 7:38 P.M. and reconvened at 7:49 P.M. 9 Joseph Banyan thanked the Commission for re-zoning his property at the corner of Flint and Spring Streets. He raised questions regarding the Land Uses along Spring Street. Chairman O'Neal requested that Mr. Banyan discuss this with Director of Community Development Preisendanz at a later date. Jose Sanchez, resident spoke of his properties within the City. He spoke of the two businesses that he owns along Hwy 74 and stated that the facility has been grandfathered in since 1971. Director of Community Development Preisendanz stated that the some residents had concerns with Land Uses in the area. He noted that staff would like to take a closer look at the frontage in that area. Steven Miles, Irvine, CA representing Castle & Cooke and Mr. Huband, thanked staff and the Commission for the Land Use changes. He provided a written transcript of the April 29th presentation to the Planning Commission, which he submitted for the record. He noted that earlier in the month, Castle & Cooke submitted a Traffic and Land Use document that addressed Pac Clay & the Ridge 400 property. He asked staff if there has been any progress. He indicated that he would be available for discussion. Director of Community Development Preisendanz stated that he would be able to meet with Mr. Miles in the near future. Mr. Miles also pointed out the clarification on the legal lots. He asked the Commission if they would be open to additional policy language that would help resolve concerns with the hillside residents. Chairman O'Neal advised Mr. Miles to draw up a proposal, and submit it to Deputy City Attorney Santana. Chairman O'Neal requested any additional speakers. There being no further requests to speak, Chairman O'Neal closed the Public Hearing at 7:59 P.M. and requested a motion for continuance. It was moved by Commissioner Mendoza, and seconded by Vice Chairman Gonzales to continue the General Plan Update off Calendar, in order to allow staff additional time to analyze the entire scope of requests, and concerns heard to date. The following vote resulted: AYES: Chairman O'Neal Vice-Chairman Gonzales Commissioner Flores Commissioner Mendoza NOES: None - ABSENT: Commissioner Zanelli ABSTAIN: None BUSINESS ITEM(S) 10 There were no business items. INFORMATIONAL No information provided. STAFF COMMENTS Director of Community Development Preisendanz commented on the following: 1. He spoke of the Budget Study Session taking place on Thursday, May 22nd at 5:00 at the City's Cultural Center. PLANNING COMMISSIONERS' COMMENTS Commissioner Flores commented on the following: 1. He commented on how well staff reviewed the projects and how well staff works with the public. 2. He spoke of Paul Castagno's comments, and indicated that his dreams could be fulfilled as long as he can meet the requirements. Commissioner Mendoza commented on the following: No comments. Vice Chairman Gonzales commented on the following: No comments. Chairman O'Neal commented on the following: No comments. ADJOURNMENT A motion was made by Commissioner Flores, seconded by Commissioner Mendoza to adjourn the May 20, 2008 regular Planning Commission Meeting at 8:05 P.M. - /=---"y Gd MICHAEL 0". -AL, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, 11 <<~U~ KRISTINE HERRINGTON OFFICE SPECIALIST III ATTEST: ~ ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT - 12 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JUNE 3, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:03 pm. PLEDGE OF ALLEGIANCE: Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: O'NEAL, GONZALES, MENDOZA,ZANELLI FLORES, ABSENT: COMMISSIONERS: Also present were: Director of Community Development Preisendanz, Associate Planner Carlson, Plann:ng Consultant Coury, Deputy City Attorney Santana, Public Works Director Seumalo, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Agenda Item~ No requests to speak. CONSENT CALENDAR ITEMS PUBLIC HEARING ITEMS 1. Conditional Use Permit No. 2007 -26 and Commercial Design Review No. 2007-21. Staff recommended a continuance off calendar in order to allow staff and the applicant additional time to work on the architectural design. PAGE 2 - PLANNING COMMISSION MINUTES - JUNE 3, 2008 MOVED BY FLORES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO CONTINUE CONDITIONAL USE PERMIT NO. 2007 -26 AND COMMERCIAL DESIGN REVIEW NO. 2007-21 OFF CALENDAR. Chairman O'Neal closed the Public Hearing at 6:03 pm. 2. Conditional Use Permit No. 2008-07 - A request to establish an outdoor dining area in conjunction with a previously approved fast food restaurant located at Building Pad 'B' within the Lake Elsinore Square Shopping. Chairman O'Neal opened the Public Hearing at 6:04 pm. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Coury to review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project. The applicant, Carlos Paraguay, Partner of United Growth, Monrovia, California, read and agreed with the Conditions of Approval. Chairman O'Neal closed the Public Hearing at 6:07 pm. PLANNING COMMISSION COMMENTS Commissioner Zanelli stated that it looked like a good project and welcomed them to the neighborhood. Commissioner Flores had no questions. Commissioner Mendoza had no comments. Vice Chair Gonzales stated that the project looked good. Chairman O'Neal had no comments. - MOVED BY GONZALES, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-56, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-07. PAGE 3 - PLANNING COMMISSION MINUTES - JUNE 3, 2008 BUSINESS 3. General Plan Conformity Determination for Proposed Capital Improvement Program for Fiscal Years 2008-2013. Director of Community Development Preisendanz provided a brief overview of the General Plan Conformity Determination for proposed Capital Improvement Program for Fiscal Years 2008-2013. Public Works Director Seumalo provided an overview of the General Plan Conformity Determination for proposed Capital Improvement Program for Fiscal Years 2008-2013 and apologized to the Commission for not having the full program available. He indicated that he is waiting on comments from Council regarding consistency "clean up" items and mentioned that the projects listed in this program do not substantially affect or impact the proposed General Plan. He indicated that once the Program is finalized, a copy will be given to the Planning Commission and will also be available to the public for purchase. Chairman O'Neal asked Public Works Director Seumalo if there would be a traffic signal installed at Gunnerson and Riverside because it is a seriously flawed intersection. Public Works Director Seumalo stated that this is a hazardous intersection and indicated that there was a fatality recently at the location. The City is moving forward with this project through Cal Trans and once funding is approved by City Council, the project should be completed within a year. Commissioner Zanelli asked Public Works Director Seumalo about the dedicated street width for Lakeshore Drive. Public Works Director Seumalo discussed the dedicated street width and said that he spoke to the Director of Community Development Preisendanz about the ability to change the configuration. He stated that as long as they construct the roadway within the designated right of way, adjustments can be made to meet the needs of that area. He stated to Commissioner Zanelli that he would speak to the Traffic Engineer and the Traffic Engineering Consultant about this and would follow-up with Commissioner Zanelli. PLANNING COMMISSION COMMENTS Commissioner Flores noted a discrepancy in the dollar amount of the 2008/2009 Capital Projects spreadsheet regarding the Auto Mall Overlay District Plan and Improvements and requested that this be corrected. Public Works Director Seumalo stated that this would be corrected. Commissioner Mendoza had no questions. PAGE 4 - PLANNING COMMISSION MINUTES - JUNE 3, 2008 Vice Chair Gonzales had no comments. Commissioner Zanelli had no comments. Chairman O'Neal had no comments. MOVED BY MENDOZA, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5-0, TO APPROVE RESOLUTION NO. 2008-57, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE CAPITAL IMPROVEMENT PROGRAM CONFORMS TO THE LAKE ELSINORE GENERAL PLAN. STAFF COMMENTS Planning Consultant Coury had no comments. Public Works Director Seumalo gave the Capital Improvement Program update. Planning Technician Miller had no comments. Community Development Director Preisendanz stated that there are 11 items scheduled for the next Planning Commission. He indicated that most of the items are Public Convenience Necessity Findings for various requests for alcohol; Wal-Mart, Archibalds, a Convenience Store located at Viscaya, and also Stater Bros. Deputy City Attorney Santana had no comments. Commissioner Zanelli asked Public Works Director Seumalo about the status of the project on Allen Street. Public Works Director Seumalo stated that the project has been completed and indicated that he walked through the project with the developer last Thursday. He stated that there was an issue with the irrigation but the issue was resolved. Commissioner Zanelli thanked Public Works Director Seumalo for his efforts. Commissioner Flores stated that the campground on Riverside Drive looks bad and asked if there are any improvements being made to the campground. He indicated that the green grass is gone and weeds are everywhere. He asked if anything is being done about this. Director of Community Development Preisendanz stated that he spoke to Pat Kilroy, Director of Lake and Aquatic Resources, and he is aware of the problems at the campground and stated that Mr. Kilroy has contacted the owner. Director PAGE 5 - PLANNING COMMISSION MINUTES - JUNE 3, 2008 of Community Development Preisendanz stated that he believes that this is a Code Enforcement issue and said he would follow-up with Mr. Kilroy regarding this issue. Commissioner Flores requested that the "Acknowledgement of Conditions" form be revised with an additional paragraph to say that if the City approves a CUP that they understand that there is a 15 day wait period if there is an appeal. Deputy City Attorney Santana stated that staff can revise the "Acknowledgment of Conditions" form. Community Development Director Preisendanz stated that he would follow-up with staff to make sure that the "Draft Acknowledgement of Conditions" is included in the staff report. Commissioner Mendoza noted that Mr. Knight, Trevi Entertainment Center, was supposed to remove the containers that are behind the bowling alley by May 20, 2008. Commissioner Mendoza stated that he went by Trevi Entertainment Center after that date and the containers were still not removed, and the burned motor home was still there. He requested that the City's Code Enforcement issue a Violation Notice and requested that a copy of the Notice be forwarded to the City Council when the CUP Modification Appeal goes to the City Council meeting on June 10, 2008. Community Development Director Preisendanz stated that the City's Code Enforcement will be handling this issue. Commissioner Gonzales stated that there was a party at a vacant house behind his house and mentioned that the vacant house has no sewer or septic but there was electricity. He stated that Code Enforcement was supposed to contact the owner. He said that this could be a problem with other vacant houses in the area. Community Development Director Preisendanz indicated that the City adopted a Foreclosure Ordinance and the City's Code Enforcement is securing the homes that are foreclosed or empty. Chairman O'Neal stated regarding the Trevi Entertainment Center CUP that he thought the owner had honorable intentions when he spoke to him regarding the various issues, but indicated that he was now disappointed with the owner, and expressed his dissatisfaction with the way that the business owner has handled everything. INFORMATIONAL ADJOURNMENT PAGE 6 - PLANNING COMMISSION MINUTES - JUNE 3, 2008 THERE BEING NO FURTHER BUSIN ADJOURNED THE MEETING AT 6:39 pm. , CHAIRMAN O'NEAL Respectfully Submitted, ~k, H~ Kris Herrington Office Specialist III ATTEST: ~ Rolfe M. Preisendanz, Director of Community Development MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JUNE 17, 2008 CALL TO ORDER: Chairman O'Neal called the regular Planning Commission meeting to order at 6:03 pm. PLEDGE OF ALLEGIANCE: Molly 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 Preisendanz, Planning Manager Weiner, Planning Consultant Coury, Public Works Director Seumalo, and Office Specialist Herrington. PUBLIC COMMENTS (Non-Aaenda Items) No requests to speak. CONSENT CALENDAR ITEMS 1. Regular Planning Commission Meeting Minutes for June 3, 2008. MOVED BY MENDOZA, SECONDED BY ZANELLI AND PASSED BY A VOTE OF 5-0, TO APPROVE PLANNING COMMISSION MEETING MINUTES FOR JUNE 3, 2008. PAGE 2 - PLANNING COMMISSION MINUTES - JUNE 17, 2008 BUSINESS ITEM 2. A Minor Design Review of a Commercial Building for property located at 16474 lakeshore Drive Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Coury to review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project. He indicated that Conditions of Approval Numbers 45,46, and 47 would be removed. Chairman O'Neal stated that Commissioner Flores requested that this item be pulled. Commissioner Flores asked if the current zoning on this property was zoned Commercial or Residential. Planning Consultant Coury stated that the current zoning is C1 Neighborhood Commercial and under the current General Plan it is zoned Neighborhood Commercial. Commissioner Flores asked why Condition Number 45 was being removed? Public Works Director Seumalo stated that it was staffs understanding that the existing building with the improvements posed no additional impacts to the area and they didn't see that improvements along Lakeshore Drive were justified for the existing use. He indicated that if the building was to be modified or changed in any way, this would trigger improvements along Lakeshore Drive. He also addressed Commissioner Flores issue regarding a walkway for pedestrians. Commissioner Flores stated that there should be a requirement to have a sidewalk for the safety and welfare of the public. He also indicated that there are 3 boulders in the roadway that could cause drainage problems and recommended that Condition Number 45 remain. Public Works Director Seumalo stated that staffs interpretation was that because there would be cosmetic improvements to the building and not a change in footprint this would not trigger improvements on Lakeshore Drive and stated that there is no problem with the drainage and indicated that there is a walkway for pedestrians. He did agree with Commissioner Flores that the pathway does need improvement and further discussed what improvements would be made. Commissioner Flores asked Mr. Knapp if he would be removing the garage/shed that is in the back because it is not on a foundation. Mr. Knapp stated that he would not be removing the building and indicated that it is structurally sound and just needs cosmetic work which he will be doing. PAGE 3 - PLANNING COMMISSION MINUTES - JUNE 17, 2008 Commissioner Flores stated that the building should be completely torn down and reconstructed because there are safety issues. Public Works Director Seumalo stated that the building in the back in going to be used exclusively for storage and not for occupancy. Mr. Knapp confirmed that it is going to be used exclusively for storage and he said he is going to do block work around it, paint it and fix the windows. Director of Community Development Preisendanz stated that the Building and Safety Division will be doing an inspection upon Certificate of Occupancy. Commissioner Flores asked staff how wide the alley is and if there would be any improvements to the alley way? Public Works Director Seumalo stated that there were no additional improvements being made and explained the dedication of the alley way. Commissioner Zanelli indicated his concerns about the widening of Lakeshore Drive by the City in the future and the setback of the property. Public Works Director Seumalo indicated the preliminary measurements and the right of way requirements. Chairman O'Neal asked Public Works Director Seumalo who is responsible for widening the roadway. Public Works Director Seumalo stated that it is the property owner's responsibility to widen the roadway if the property owner were to build a new building. He also indicated that if the City purchased the property and had the funding to do so, they would be responsible for widening Lakeshore Drive. Chairman O'Neal asked Director of Community Development Preisendanz to address the Neighborhood Commercial designation and the General Plan. Director of Community Development Preisendanz stated that through the new General Plan, the land designation in the area from Stater Bros. past Machado will be Neighborhood Commercial and indicated that Mr. Knapp is doing a cosmetic fix to the building which will help him continue with the business. He also stated that the City will require full improvements once a substantial project goes in. He also explained nexus regarding Minor Design Reviews and the requirements. PLANNING COMMISSION COMMENTS Commissioner Zanelli asked Mr. Knapp if the property is for sale? Mr. Knapp stated that the property is for sale. PAGE 4 - PLANNING COMMISSION MINUTES - JUNE 17,2008 Commissioner Zanelli stated that his only issue was the right of way. Public Works Director Seumalo addressed the right of way and setback issues regarding Mr. Knapp's property and indicated Conditions are recommendations to the Commission from the Engineering Division. Commissioner Mendoza had no comments. Vice Chair Gonzales asked Mr. Knapp once the property is fixed up, will he be selling it or using it for a business? Mr. Knapp stated that he would like to utilize the building for a real estate business. Director of Community Development Preisendanz reiterated that an inspection is done on the building by the Building and Safety Division. Mr. Knapp stated that he appreciated the City working with him. Director of Community Development Preisendanz recommended to Mr. Knapp that he follow-up with the Building and Safety Manager to bring the building up to code. MOVED BY GONZALES, SECONDED BY MENDOZA AND PASSED BY A VOTE OF 4-1, TO APPROVE RESOLUTION NO. 2008-58, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF AN EXISTING COMMERCIAL BUILDING INCLUDING THE DELETION OF CONDITIONS 45, 46, AND 47 FOR THE PROPERTY LOCATED AT 16474 LAKESHORE DRIVE. INFORMATIONAL None STAFF COMMENTS Public Works Director Seumalo stated that he would be attending a meeting at RCTC for "Measure A" funding and indicated that the City is requesting 2 million dollars for State Route 74 and Interstate 15 interim improvements. He stated that the project would be moving forward within the next 2 months. Director of Community Development Preisendanz stated that the City is currently following up with the process of Public Convenience and Necessity (PCN) for future projects that will be coming to the Planning Commission. PAGE 5 - PLANNING COMMISSION MINUTES - JUNE 17, 2008 ADJOURNMENT THERE BEING NO FURTHER BUSIN S, CHAIRMAN O'NEAL ADJOURNED THE MEETING AT 6:38 pm. Respectfully Submitted, KtUO H~v~ Kris Herrington Office Specialist III ATTEST: /7Jn--- Rolfe M. Preisendanz, Director of Community Development - MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA7 92530 TUESDAY, JULY 1,2008 CALL TO ORDER - 6:00 P.M. Chairman O'Neal called the regular Planning Commission meeting to order at 6:00 P.M. PLEDGE OF ALLEGIANCE Commissioner Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: O'Neal, Gonzales, Flores, Mendoza & Zanelli ABSENT: None Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Engineering Manager Seumalo, Contract Planner Miller, Community Development Technician Bitterolf, Associate Planner Carlson, and Office Specialist Porche. OATH OF ALLEGIANCE FOR NEW COMMISSIONERS City Clerk Munson conducted the Oath of Allegiance for the newly appointed Planning Commissioners Mendoza, Gonzales and O'Neal. PUBLIC COMMENTS (Non-Agenda Items) Steven Miles spoke on recommendations to the General Plan, which would necessitate the recirculation of the Draft Environment Impact Report (EIR). COMMISSION APPROVED CONSENT CALENDAR ITEMS Chairman O'Neal pulled Items # 2, 3, and 4 from the Consent Calendar for further discussion. 1. Reaular Plannina Commission Meetina Minutes for June 17. 2008 1 - Recommendation: Approval Chairman O'Neal requested a motion. It was moved by Commissioner Mendoza, seconded by Commissioner Flores to approve June 17, 2008 Planning Commission Minutes. The following vote resulted: AYES: Chairman O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None 2. Minor Desion Review of a Sino Ie Familv Residence located at 1502 Heald Avenue. Rolfe Preisendanz, Director of Community Development indicated, at the request of the applicant, that this project be continued to the July 15th Regular Planning Commission meeting. Chairman O'Neal requested a motion. It was moved by Commissioner Flores, seconded by Commissioner Mendoza to continue the Minor Design Review of a Single Family Residence located at 1502 Heald Avenue to the July 15th regular Planning Commission meeting. The following vote resulted: AYES: Chairman O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None 2 - 3. A Minor Desion Review for a request to modify an existino Sion Prooram in order to re-face an existina freeway sian for the Lake Elsinore Hotel and Casino located at the corner of Casino Drive and Malaoa Road. Vice Chair Gonzales requested clarification as to why the City Logo wasn't on the sign. Tom Weiner, Planning Manager stated that it is not a requirement of the City to have the City's Logo on all signs. He indicated that it was at the direction of the applicant to have the logo omitted. Chairman O'Neal requested a motion. It was moved by Commissioner Gonzales, seconded by Commissioner Mendoza to approve a Minor Design Review for a request to modify an existing Sign Program in order to re-face an existing freeway sign for the Lake Elsinore Hotel and Casino located at the corner of Casino Drive and Malaga Road. The following vote resulted: AYES: Chairman O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None 4. A Minor Desion Review of a Sinole Familv Residence located at 340 Chestnut Street Commissioner Flores noted a correction to the Conditions of Approval on page 10; # 5 should state 340 Chestnut. He also noted a correction to the Conditions of Approval on page 13, #28 should remove the word please. Deputy City Attorney Santana recommended deleting Condition #2. Director of Community Development Preisendanz suggested adding a Condition that addressed posting a 3 x 3 standard sign regarding construction noise. Chairman O'Neal requested a motion. 3 - It was moved by Commissioner Gonzales, seconded by Commissioner Mendoza to approve a Minor Design Review of a Single Family Residence located at 340 Chestnut Street with changes to the Conditions of Approval. The following vote resulted: AYES: Chairman O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING ITEMS 5. Conditional Use Permit No. 2007-18 and Commercial DesiQn Review No. 2008- 06 Chairman O'Neal opened the Public Hearing at 6:12 P.M. and noted that this Item has been continued to the regular Planning Commission meeting of July 15, 2008. Chairman O'Neal opened the floor for public speakers. Scott Munson, resident spoke in opposition of the project. He stated that he had a signed petition that he would like to submit for the record. He indicated that the location of the store would cause safety concerns and recommended that the Commission deny the project when it is heard on July 15th. Chairman O'Neal closed the Public Hearing at 6:16 P.M. Commissioner Flores noted that this project had been continued before. Assistant Planner Carlson indicated that the project had been continued before due to issues with the business license and was not ready for the Planning Commission. Chairman O'Neal requested a motion. It was moved by Commissioner Flores, seconded by Commissioner Mendoza to continue Conditional Use Permit No. 2007-18 and Commercial Design Review No. 2008-06 to the regular July 15th Planning Commission. 4 - Chairman O'Neal called for the vote. The following vote resulted: AYES: Chairman O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None BUSINESS ITEMS 6. ReorQanization of the PlanninQ Commission Commissioner O'Neal indicated that he would like to remain the Chairman until the end of the General Plan Update. City Clerk Munson indicated that the term for Chairman is for one year, which would expire on June 30, 2009. Deputy City Attorney Santana requested a five minute recess at 6:25 PM to clarify . It was moved by Commissioner Zanelli, and seconded by Commissioner O'Neal to take a recess at 6:25 P.M. The following vote resulted: AYES: Commissioner O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli NOES: None ABSENT: None ABSTAIN: None 5 - Deputy City Attorney called for the Commission to reconvene the meeting at 6:33 P.M. Deputy City Attorney Santana indicated that Commissioner O'Neal's request is valid and that he could request to remain the Chairman until the General Plan Update process has been completed. Commissioner Mendoza noted that, he felt that the Chairman position should be for a one-year term. Commissioner Mendoza nominated Commissioner Zanelli for the Chairman position. Commissioner Flores seconded the nomination. Commissioner O'Neal called for the vote. The following vote resulted: AYES: Commissioner O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza Commissioner Zanelli Chairman Zanelli requested nominations for the Vice Chairman position. Commissioner Mendoza nominated Commissioner Flores for the Vice Chairman position. Commissioner O'Neal seconded the nomination. Chairman Zanelli called for a vote. AYES: Chairman Zanelli Commissioner O'Neal Commissioner Gonzales Commissioner Flores Commissioner Mendoza STAFF COMMENTS Director of Community Development Preisendanz commented on the followino: · He congratulated Chairman Zanelli and Vice Chairman Flores. · He noted that Dana Porche would be taking over Office Specialist Herrington's position of attending the Planning Commission meetings and taking over the minutes. He also noted that effective Thursday, July 3rd, Arsi Baron would no longer be working for the City and would be greatly missed. Director of Public Works Seumalo commented on the followino: · He congratulated Chairman Zanelli and Vice Chairman Flores. 6 - Plannina Manaaer Weiner commented on the followina: · He congratulated Chairman Zanelli and Vice Chairman Flores. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the followina: · He thanked staff and the Commission for all of the support and congratulated Chairman Zanelli and Vice Chairman Flores for there newly appointed positions. Commissioner Mendoza commented on the followina: · He thanked Commission O'Neal for all of his help for the past few years. · He spoke of how being appointed for another term on the Planning Commission is an honor. Vice Chairman Flores commented on the followina: · He thanked staff and the Commission for the opportunity to serve on the Commission. Chairman Zanelli commented on the followina: · He wished staff and the Commission a happy and safe Forth of July. · He thanked staff and the Commission for all of their support. ADJOURNMENT A motion was made by Chairman Zanelli, seconded by Vice Chairman Flores to adjourn the July 1, 2008 regular Planning Commission Meeting at 6:46 P.M. at the Cultural Center located at 183 N. Man Street, Lake Elsinore, CA 92530. O'NEAL, CHAIRMAN PLANNING COMMISSION 7 - Respectfully Submitted, iQ~ t f&1~' DANA PORCHE OFFICE SPECIALIST III ATTEST: ~SENDAN~ DIRECTOR OF COMMUNITY DEVELOPMENT - 8 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 15, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:03. 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 PUBLIC COMMENTS Douglas Norfolk, resident spoke of concerns with trespassing at Whisker's Beach. He indicated that the City's Code Enforcement is aware of the situation; however he is concerned with the public's safety, illegal dumping and burning of debris. STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Assistant City Attorney Mann, Public Works Director/City Engineer Seumalo, Fire Department Davidson, Associate Planner Resendiz, Associate Planner Carlson, Planning Consultant Miller, Planning Technician Bitterolf, and Office Specialist Porche. PRESENTATION (Non-Agenda Items) 1. City Clerk, Vivian Munson gave a brief presentation on formatting changes to the Planning Commission Agenda and to the staff reports. She also discussed a new law, SB 343 that passed on July 1st, 2008 which requires any documents that relate 1 to an agenized item for open session, and that is distributed within 72 hours of the meeting, must be made available for public inspection at the time it is distributed to the legislative body. Commissioner Flores asked for clarification on Conditions of Approval. City Clerk Munson indicated that the City has a policy that the Conditions of Approval are signed by the applicant and attached to the staff report. Director of Community Development Preisendanz concurred. He indicated that normally the acknowledgement of conditions is attached to the staff report, however sometimes there is a situation where they have not signed the acknowledgement agreement and would bring it to the meeting. He also requested clarification on the handling of petitions. City Clerk Munson commented that are two items that need to be addressed. She stated that if the individual who is turning in the petition can provide at least one copy so that the pubic can view it at the meeting and then have a copy turned into the City Clerks Office for the record. Commissioner O'Neal asked the City Clerk how the signatures are verified validity. Director of Community Development Preisendanz indicated that it would take some research. He stated that he is not sure that the City could validate any petition. Commissioner Mendoza suggested having a statement attached to the document stating that staff does not validate the signatures on the petition. Chairman Zanelli requested the City Clerk to provide a response from the City Attorney advising the best way to proceed on validation of petitions. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO. 2 AND PULLED ITEM NO.3 FOR FURTHER DISCUSSION The following items were listed on the Consent Calendar for Planning Commissioner approval: 2. ReQular PlanninQ Commission MeetinQ Minutes from Julv 1. 2008 Recommendation: Approve as submitted. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to approve the consent Calendar Item No.2. 2 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: None ABSENT: None ABSTAIN: None 3. Minor Desiqn Review of a Sinqle Familv Residence located at 1502 W. Heald Avenue Planning Consultant Miller noted the request from Vice Chairman Flores to review the language in Condition No. 51. Vice Chairman Flores requested clarification on the language of Condition No. 51 which discusses street improvements. He stated that he has requested an explanation on the construction of all public work improvements and if that includes the concrete sidewalks, curbs, gutters and existing pavement. Director of Public Works Seumalo noted that all street improvements within the right- of-way include curbs, gutters, sidewalks and pavement. Vice Chairman Flores requested that the Conditions should clarify the construction. Chairman Zanelli requested the applicant to approach the podium. Don Letty, representing the applicant stated that he agrees to the Conditions of Approval with the modifications. A motion was made by Commissioner O'Neal, seconded by Vice Chairman Flores to adopt Resolution No. 2008-61, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Minor Design Review of a Single Family Residence located at 1502 W. Heald Avenue. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL 3 NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING ITEM(S) 4. Conditional Use Permit No. 2007-18 and Commercial Desiqn Review No. 2008-06 to establish a "Tackle & Bait" shop in coniunction with a convenience store as well as related on site improvements Chairman Zanelli opened the Public Hearing at 6:20 P.M. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Associate Planner Carlson to review it with the Commission and answer questions. He noted that the item had been continued from the April 1 st, 2008 Planning Commission Meeting. He stated that there were two items that the Commission requested staff to follow up on. He stated that they were added to pages 3 of 42 of the staff report. Associate Planner Carlson provided the reading of the staff report and indicated that the applicant is available to answer any questions that the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Judy Wilson, 22420 Pentel Drive, Canyon lake indicated that she did not receive the staff report until Monday afternoon. She noted that the staff report is inaccurate. She noted that she has permits showing that the business has been on going and that the City has approved renovations which were approved on August gttl, 2007 by Planning Manager Weiner. She was told at that time that a Conditional Use Permit was not necessary. She provided an affidavit which was hand delivered to the Commission. She indicated that the affidavit was from Mr. & Mrs. Stokes, who originally owned property. She also spoke of the traffic and indicated that the traffic is regulated by the signal. Chairman Zanelli noted that Ms. Wilson had a large amount of documentation and noted that this has been going on for a long period of time. He indicated that there is some confusion that could go back as far as twenty years. He stated that he could not be responsible for what happened twenty years ago and that there have been multiple code changes within the past twenty years. He stated that that should the applicant wish to go through all of the submitted documentation, then the Commission would need to continue the project in order to review the documents. Judy Wilson asked about the business that is currently there. Director of Community Development Preisendanz asked Ms. Wilson if she has a current business license. Ms. Wilson stated "Yes". Director of Community Development Preisendanz stated that the City would honor that business license through the year 4 and may need to look at changing the City's policy as the Planning Division does not currently look at subsequent business license renewals. Commissioner O'Neal suggested that the Commission listen to all of the public speakers and then make a decision to accept the project, deny, or continue the project. Rodney Neilson, applicant, stated that when they first started doing this project the Stokes had lost the property and they bought it with the understanding that a restaurant would be built. He stated that they provided a plan and the City showed them how to fix the building. He stated that they finally opened the business and he stated that the City came in and made them sell it. He stated that he is now at the point where he would like to open the restaurant back up and can't understand why he has had all these problems for so many years. Director of Community Development Preisendanz stated that one of the concerns is that the City has an application for a CUP and a Commercial Design Review. He stated that fees were submitted for this application and stated that these fees are part of a cost recovery system (CRS). He stated that the balance of the deposit is now negative and every time staff works on this project, the more money is being charged to the CRS. Tim Fleming, resident, stated that he has been asked to speak on behalf of the owner of W2W, Denise Fleming. He noted that he is furious with the information contained in the staff report for the item NO.4. He noted that the CUP is a stand alone application for a tackle and bait shop at that property only. He asked why W2W has been compared to the applicant's request. He also asked as to why personal information was in the staff report included Denise Fleming's social security number, driver's license number, and her maiden name, all available for public view. Furthermore, he stated that W2W business license has never expired and has been renewed every year since 2004. He stated that he demands to know who is responsible for this inappropriate response and breech of confidential information. Commissioner O'Neal apologized to Mr. Fleming for this oversight. Director of Community Development Preisendanz also apologized to Mr. Fleming. Scott Munson, resident, spoke in opposition of the business. He stated that the owner indicates that the structure is being used as a management business. He stated that he currently lives within eye view of the establishment and that the only business that happens are yard sales. He stated that the yard sales add traffic to the area, and lasts for days. He stated that he is concerned with the children crossing the street and the use behind the store. He indicated that he believes that this bait and tackle shop is going to drag more people up the beach and cause traffic havoc along Lakeshore. He stated that if a store should open there, it will be just a matter of time before someone gets injured. 5 Richard Knapp, resident, spoke in favor of the project. He requested Commission re-think the project as small businesses are what makes the City grow and bring revenue to the City. Scott Slesinger, resident, spoke in opposition of the project. He stated that he does not feel that it would be safe for the business to open. Chairman Zanelli noted the complaints received and indicated that most of the applicant's documentation was received at the last minute. He suggested that the Commission have more time to review the newly submitted information. Chairman Zanelli brought the discussion back to the Commission for comments. Commissioner O'Neal read a portion of the staff report to the Commission outlining paragraph two (2) on pages 4 of 42. He asked the City Attorney if this statement has any impact. City Attorney Mann indicated that the Statue of Limitations have run out. He stated further that the problem here is the passage of time with that legal claim. Commissioner O'Neal made a motion to deny the project based on staff's recommendations. Commissioner Gonzales noted that the light on the corner of Lakeshore is basically green all the time, unless it is triggered by the sensors. He stated that it would not control the traffic. He also suggested having a cross walk at the front of Jewarski's. Commissioner Mendoza agreed with the Commission. He stated that all small businesses must also comply with the Municipal and Zoning codes and the applicant shouldn't wait twenty years before something comes up. Vice Chairman Flores thanked the applicants for coming to the meeting. He also apologized to Mr. Fleming on the personal information regarding his wife. He concurs with the Commission to deny the project. Chairman Zanelli closed the Public Hearing at 7:00 P.M. A motion was made by Commissioner O'Neal, seconded by Commissioner Mendoza to deny Conditional Use Permit No. 2007-18 and Commercial Design Review No. 2008-06 to establish a "Tackle & Bait" shop in conjunction with a Convenience Store as well as related on site improvements. The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales 6 NOES: None ABSENT: None ABST AI N: None 5. Conditional Use permit No. 2008-13; A request to establish and operate a church within an existinq buildinq located at 18421 Collier Avenue Director of Community Development Preisendanz introduced Item No. 5 and requested Associate Planner Carlson to provide a brief overview of the project. Associate Planner Carlson read the staff report to the Commission and indicated that he would be available to answer any questions that the Commission may have. He noted that the applicant was present. Planning Manager Weiner addressed Commissioner O'Neal's question regarding the concern with the Commercial Manufacturing Zone. Director of Community Development Preisendanz added that when you have a use in the Commercial Manufacturing Zone, staff wants to be sure that a use does not expand beyond what it is allowed. Chairman Zanelli requested the applicant to approach the podium. Brian Johnston, resident, and applicant for the project indicated that staff has done a great job assisting him with his project. Chairman Zanelli opened the Public Hearing at 7:11 P.M. and requested any public speakers. There being no public speakers, Chairman Zanelli brought the discussion back to the dais. Commissioner Gonzales asked Mr. Johnston how many members are in the congregation. Mr. Johnston indicated that there are approximately 300 members Commissioner Gonzales indicated that the project is great and had no more questions. Commissioner Mendoza thanked the applicant, and noted that this is a good project. Vice Chairman Flores also thanked him and wished him the best. Chairman Zanelli closed the Public Hearing at 7:16 P.M. and requested a motion and a reading of the Resolutions. A motion was made by Commissioner Mendoza, seconded by Vice Chairman Flores to adopt Resolution No. 2008-62, a Resolution of the Planning Commission of the 7 City of Lake Elsinore, California, adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None ABSTAIN: None A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal to approve Conditional Use Permit No. 2008-13 and adopting Resolution No. 2008- 63, a Resolution of the Planning Commission of the City of Lake Elsinore, CA. The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None ABSTAIN: None 6. Commercial DesiQn Review No. 2008-02 to establish a Commercial Retail Center located at 31800 Mission Trail Chairman Zanelli opened the Public Hearing at 7:15 P.M. and requested the reading of the staff report. Director of Community Development Preisendanz introduced the item and indicated that Associate Planner Resendiz would provide a brief presentation to the Commission. 8 ~s~ociate Planner Resendiz gave a brief presentation to the Commission and Indicated that the applicant is available to answer any questions that the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Timothy Smith, Moreno Valley and Joe Polanski of Coto De Casta both applicants for the project thanked staff for their assistance with the project. . Chairman Zanelli requested any public speakers to speak either for or against the project. There being no speakers, Chairman Zanelli brought the discussion back to the dais for Commissioner's comments. Chairman Zanelli asked the applicants if they agreed to the Conditions of Approval. Mr. Smith and Mr. Polanski both agreed with the Conditions. Commissioner Mendoza welcomed the applicants to the City. Vice Chairman Flores noted how well the project looks. He spoke of concerns with the circulation and parking. He asked about the length of the driveway and requested Norman Davidson with the Fire Department about the turn-around. Norman Davidson, Fire Department stated that he reviewed the plans with regards to the minimum parking standards for Fire Department. He stated that he found that they met the minimum requirements for an engine to turn around. Vice Chairman Flores recommended that the item be continued so that the applicant could re-configure the ingress/egress. Commissioner O'Neal did not have a problem with the turn-around. Commissioner Gonzales concurred with Vice Chairman Flores's concerns of the ingress/egress. He suggested on having another exit. He like the architectural design however suggested another access to the rear. Bill Allen, Riverside, noted that they have re-designed this project to conform to the setbacks. He stated that he has had numerous meetings with staff and they all concurred that the best thing to do is to put loading zones to the rear. He noted that there is circulation in the rear. He stated that after several meetings with staff, this was the best looking and best traffic flow that they could come up with. Chairman Zanelli asked the angle of the driveway. Mr. Allen indicated that ADA requires less than a 2% along with the ramp on the other side. Mr. Smith noted that they may lose parking stalls if they re-configure the driveway. 9 Chairman Zanelli closed the Public Hearing at 7:32 P.M. and requested a motion. A motion was made by Commissioner O'Neal, seconded by Commissioner Mend?za, adopting Resolution No. 2008-64, recommending to the City Council of the City of lake Elsinore, adopting Findings consistent with the Multiple Species Habitat Conservation Plan (MSHCP) for the Commercial Design Review Development located at 31800 M ission Trail. The following vote resulted: AYES: Chairman Zanelli Vice-Chairman Flores Commissioner O'Neal Commissioner Mendoza Commissioner Gonzales NOES: None ABSENT: None ABST AI N: None A motion was made by Commissioner Mendoza, seconded by Commissioner O'Neal, adopting Resolution No. 2008-65 and recommending to the City Council of the City of lake Elsinore, approval of Commercial Design Review No 2008-02 to allow for the design and development of a 22,770 square foot commercial retail center located on 1.8 net acres of land at 31800 Mission Trail. The following vote resulted: AYES: Chairman Zanelli Commissioner O'Neal Commissioner Mendoza NOES: Vice-Chairman Flores Commissioner Gonzales ABSENT: None ABSTAIN: None STAFF COMMENTS Public Works Director Seumalo commented on the following: . He spoke of the interchange project at 1-15 and Hwy 74, and indicated funding was approved by Riverside Transportation Commission for two-million dollars. 10 He indicated that the City has three-million dollars in the CIP fund, so the plans could go out for bids starting next week and award sometime in August or September. · He spoke of the Fire Station at Rosetta Canyon. He indicated that he is hoping to award the bid on July 22nd. · He spoke of the Allen Street project that is completed and functioning. The residents of Allen Street submitted a claim to the City for damages and he stated that he has been working with the claims adjuster. · He spoke of State Route 74. He stated that he has not received a recent update but the last time he read, Assemblyman Jeffries Website stated that it was moving forward. · Commissioner Gonzales asked Mr. Seumalo about putting a cross walk by the bait shop across from the fishing area. Mr. Seumalo stated that he would ask the City's Traffic Engineer to conduct a study, however he indicated that he does not support uncontrolled cross-walks, but would look into putting one in that area. . He spoke of staff working on signs for the "Old 395" road which would be at the beginning of Main Street at Lakeshore, and Main Street at Flint and an additional sign in front of the Cultural Center and one in front of City Hall. He noted that there would be an additional sign at Franklin with a double arrow sign saying "Historic 395". Director of Community Development Preisendanz commented on the following: . He stated that he is looking forward to working with the Commission and wished every one a great year. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . Spoke of the "Old 395" road is now running down Main Street. . He spoke of a rumor that he heard regarding the City of Beaumont which has decided not to give the County all of their TUMF fees. Commissioner Mendoza commented on the following: . He spoke of the presentation that was conducted by the City Clerk and requested that all of the attachments remain in the same place as before. He indicated that they are very helpful to him and if he does not see them in the normal spot, it may get overlooked. . He inquired about the colors of the Holiday Inn. Director of Community Development Preisendanz indicated that the colors on the building were approved. He noted that it is difficult going back once the project has been approved. 11 Vice Chairman Flores commented on the following: · He thanked staff for all of the information that staff has provided to the Commission. · He spoke of the "Summerly" housing project off Malaga and how the area is overgrown with weeds. He suggested having the Code Enforcement Department look into contacting the owner to help clean up the area. . He complemented Chairman Zanelli for the outstanding job on his first day as serving as Chairman of the Commission. Chairman Zanelli commented on the following: . He thanked the Commission for assisting him with his first meeting as chairman. ADJOURNMENT 1 Respectfully Submitted, <1(' .'1 i/~ ., ~ . d' '.if) l . f({'lc(;. ( DANA PORCHE OFFICE SPECIALIST III ATTEST: /JJ7~ ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 12 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, AUGUST 5, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Joe Bitterolf led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS Susan Holton, resident, spoke on the zoning along Graham Avenue. She requested that at the next General Plan Update meeting, zoning would be addressed on Graham Avenue and would appreciate not having it all zoned Commercial. Director of Community Development Preisendanz addressed Ms. Holton comments. He indicated staff is still working on the General Plan Update. STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Deputy City Attorney Santana, Public Works Director/City Engineer Seumalo, Planning Consultant Donahoe, Principal Environmental Planner Worthey, Planning Consultant Miller, Planning Technician Bitterolf, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.1 1 The following items were listed on the Consent Calendar for Planning Commissioner approval: 1. Minutes for the Followina Plannina Commission Meetina(s) It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to approve the Consent Calendar Item No.1. Recommendation: Approved as submitted. 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 ITEM(S) 2. Conditional Use Permit No. 2008-11 and Commercial Desian Review No. 2008-08 For a Proposed CUppy'S Coffee Kiosk Located in the Mission Trail Center Chairman Zanelli opened the Public Hearing at 6:08 p.m. Planning Technician Bitterolf gave a brief overview of the project to the Commission. He stated staff recommends approval of the project based on the Findings, Exhibits and is subject to the Conditions of Approval. He indicated the applicant was present to answer any questions the Commission may have. Brett Camack, applicant, stated he has read and agrees to the Conditions of Approval. Chairman Zanelli closed the Public Hearing at 6:13 p.m. Vice Chairman Flores asked for clarification regarding Condition #15. Director of Community Development Preisendanz stated the revision to the Lake Elsinore Municipal Code was relative to the Design Review and is not related to the Conditional Use Permit. 2 It was motioned by Vice Chairman Flores, second by Commissioner Mendoza to adopt Resolution No. 2008-66, recommending the City Council of the City of Lake Elsinore adopt Findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Vice Chairman Flores, second by Commissioner O'Neal to adopt Resolution No. 2008-67, approving Conditional Use Permit No. 2008-11. AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Vice Chairman Flores, second by Commissioner Mendoza to adopt Resolution No. 2008-68, recommending to the City Council of the City of Lake Elsinore approval of Commercial Design Review No. 2008-08. AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 3 3. Conditional Use Permit No. 2008-18 and Tentative Tract Map No. 32013 for Condominium Purposes Chairman Zanelli opened the Public Hearing at 6:17 p.m. Deputy City Attorney Santana provide an explanation to the Commission. She noted the staff report indicates denial of the project. However, rather than a denial, staff is recommending a "receive and file" action for the Conditional Use Permit and Tentative Tract Map in order to give staff and the applicant more time. Planning Consultant Miller provided a brief overview of the project with the Commission. She noted there are four issues regarding this project. She stated the future Specific Plan Area "G" requires a Specific Plan submitted before development can occur. She noted staff has requested this; however the applicant has not submitted the Specific Plan. She stated the next issue is the Specific Plan Area "G", which allows up to three dwelling units per acre, is approximately 4.5 dwelling units per acre. She stated the third issue is the amount of cubic yards of material, to be moved and the natural terrain. She concluded by stating that staff believes that the existing topography is not physically suit for this type of development. She stated the last issue is that staff requested a curvilinear streets and contour grading on the site, and the applicant has continually submitted a linear project. She indicated, based on this information, staff could not make any Findings and therefore recommends continuance of the project. Finally, she stated the applicant is available to answer any questions that the Commission may have. Bob Krause, applicant, stated he has been working with staff for several years with the project. He spoke of the issues with grading and the location of the park. Director of Community Development Preisendanz pointed out the applicant's project is located within a future Specific Plan which is not an approved Specific Plan area. Commissioner O'Neal requested clarification on the percentage of completing the project. Mr. Krause stated staff told him he was approximately 85% complete. Director of Community Development Preisendanz indicated that 85% is too high of a figure. He stated he has always communicated issues with the applicant regarding the project. He stated he would like to see the development, however, has concerns with the grading of the project. Walter Clendenon, RMA Engineering representing Mr. Krause, spoke of the project. He noted the site is in a valley and is not visible from the freeway. He also spoke of the project being estimated at 95 acres, with a 25 acre donation to the City. He stated that with the donation of 25 acres, the density count would reduce to 3.3 dwelling units per acre, which he stated is well under the density allowed. 4 Planning Manager Weiner stated with regards to the statement of 85% completed, he indicated, at the last meeting with the applicant, that he advised them when their project reaches 85-90% complete, he would then recommend it to go before the Planning Commission. Director of Community Development Preisendanz indicated they would be willing to meet with the applicant again to discuss the options that are available. Bob Krause requested clarification on what could be done to resolve the issues as they have been waiting a year and the project is very expensive. He asked staff if the City is requesting a submittal of a Specific Plan. Director of Community Development Preisendanz indicated that the applicant should submit a Specific Plan or could amend the neighboring Specific Plan (Spyglass project). Bob Krause stated when they initially met with the City Attorney and City Manager, he was told that a Specific Plan would not be required or they would have complied. He stated the City Attorney indicated they were consistent with the Zoning and Land Use element. Ed Sauls, consultant for the project spoke in favor of the project. He indicated they are looking for direction from staff on the site plan and the project itself. Dan Uhlry, resident, spoke in favor of the project. He noted the time and money the applicant has spent on this project. He stated there are some areas of confusion that need to be worked out. Commissioner Gonzales stated he does not like the ridge lines and requested clarification on the exact amount of grading. He noted he does not want to see a water tank up high on a hill so that it is visible. He also requested that the applicant and staff work on the amount of dwellings per acre, as they are not consistent. Commissioner Mendoza noted he would like to see this project moved forward. He stated regardless of previous approvals with grading, the City needs to regulate future grading in and around the City's hillsides. Vice Chairman Flores noted there are inconsistencies with between the Zoning and General Plan designation. He indicated, based on the information that has been provided to the Commission, he recommended continuance of the project. Commissioner O'Neal stated he has concerns with the amount of grading material. Director of Community Development Preisendanz indicated staff is looking for contour grading and not tiering. He stated the City wants to preserve the hills as much as possible. Commissioner O'Neal asked the applicant if he would object on moving the park. 5 Bob Krause stated he would move the park if they had specific and clear direction from staff. Director of Community Development Preisendanz noted the applicant would still need to submit a Specific Plan. Director of Community Development Preisendanz requested direction from the Commission on the amount of grading and the type of grading. Commissioner O'Neal indicated that it is his opinion and that type of grading doesn't matter as long as works for the project. Vice Chairman Flores concurred with Commissioner O'Neal. It was motioned by Commissioner O'Neal, second by Commissioner Gonzales to continue Conditional Use Permit No. 2008-18 and Tentative Tract Map No. 32013 for Condominium Purposes off calendar. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER O'NEAL COMMISSIONER MENDOZA COMMISSIONER GONZALES NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman Zanelli requested a recess at 7:18 and reconvened at 7:30 p.m. APPEALS 4. Consideration of an Appeal bv K. Hovnanian Homes reaardino the Director of Community Development's action to denv a Minor Desion Review for the desian of 98 sinole familv homes within Tract 32337-2 of the La Laouna Specific Plan Area Chairman Zanelli indicated this item is an appeal of K. Hovnanian Homes and requested the reading of the staff report. Director of Community Development Preisendanz introduced the item and explained the process of the presentation. 6 Planning Consultant Donahoe provided the reading of the staff report to the Commission and stated it is staff's recommendation to uphold the decision of the Director of Community Development denying the appeal. Director of Community Development Preisendanz provided a PowerPoint presentation to the Commission. He stated the City Council has directed staff to "Raise the Bar" in the City. He stated that although the Specific Plan falls within with the City Council's expectations, the Design Review does not fully incorporate architectural features on all four elevations. He noted the area of the homes has a million dollar view and the City deserves a high quality home that transcends the current climate, considering that homes built today would remain for 50 or more years. Ron Geier, K. Hovnanian Homes spoke in favor of the project. He stated he is seeking approval of the project with the adjustments made, incorporating staff's request. He indicated that one issue that was addressed is quality. He confirmed that he would like to incorporate new "quality" homes. Yossi Noudel, Legal Counsel for the applicant spoke in favor of the project. He requested clarification of the appeal. Director of Community Development Preisendanz indicated he had written the denial letter and then received the letter of appeal. He indicated that the City Manager did not realize that staff had denied the project. Commissioner O'Neal pointed out that he had heard there was an Administrative approval and then a denial. He asked if there was an attempt to make an approval when a denial was already made. Director of Community Development Preisendanz confirmed. Yossi Noudel stated he would like to have several issues clarified. He spoke of the Fair Housing Act, imposition of certain limitations and requirements and staff's recommendations outside the scope of Zoning Code. Shelly Jordan, representing the applicant spoke in favor of the project. She stated that approval of the project would help bring revenue to the City. Chi Woo, resident, indicated there was no reason the developer should save their money for a short period of time. He concurred with "Raising the Bar' for the City. John Dening, architect, for the project, spoke in favor of the project. He pointed out the City is requesting major structural changes which would be very costly. Angela Wilson, representative of the applicant, spoke in favor of the project. She stated she appreciates staff recommendations, however, she also pointed out that "Raising the Bar" should also be included when approving the Specific Plan and new 7 Tentative Tract Maps that have not been approved. She stated the developer has substantially invested money into the infrastructure. She asked the Commission to approve to continue to build and bring revenue to the City. There being no further comments, Chairman Zanelli brought the discussion back to the Commission. Commissioner O'Neal pointed out there are other developments in the City that have the same lack of design and pointed out that the developer has invested a large amount of money into this project. He pointed out to the Commission on the current market values and how it continues to lower. He recommends overturning the director's decision and approves the project. Commissioner Gonzales also recommended approval of the project. Commissioner Mendoza concurred with the Director's decision and would like to see a compromise and if not a compromise, then he would support the decision to deny the project. Vice Chairman Flores pointed out staff has visited the site and staff has chosen to "Raise the Bar". He recommended the applicant continue the appeal to the City Council. Chairman Zanelli supported the Director's decision for denial. He requested a motion. It was motioned by Vice Chairman Flores, second by Mendoza to uphold the director's decision on denial of the project. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL COMMISSIONER GONZALES ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS Public Works Director/City Engineer Manager Seumalo commented on the following: 8 . He spoke of the Capital Improvement Project known as the Fire Station at Rosetta Canyon and how he is working with the developer on their fees. · He spoke of the Grand Avenue improvement project and that it would most likely go out to bid by the end of the month. . He spoke of Dexter Avenue improvement project and that it would most likely go to bid within a month and half. . He also congratulated Deputy City Attorney Santana on her recent marriage. Director of Community Development Preisendanz commented on the following: . He thanked the Commission for the direction regarding the appeal. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . He congratulated Deputy City Attorney Santana on her recent marriage. Commissioner Mendoza commented on the following: . He thanked the Public Works Director/City Engineer Seumalo for the work that was completed in front of the Arco Station. . He thanked staff for their hard work. . He congratulated the Deputy City Attorney on her recent marriage. Vice Chairman Flores commented on the following: . He congratulated Deputy City Attorney Santana on her recent marriage. . He spoke of "Raising the Bar" and noted staff should be prepared to make some adjustments that would be coming forth. Chairman Zanelli commented on the following: . He thanked staff for their work. . He noted that until the City Council decides that they would like to change the direction of standards, then he recommended staff and the Commission need to follow suit with what has been provided. Commissioner Gonzales commented on the following: . He asked about specific areas that were fire hazard areas. Director of Community Development Preisendanz indicated the County of Riverside adopted a Fire Hazard Zone Map which relates to the building techniques. 9 ADJOURNMENT It was motioned by Commissioner Mendoza, seconded by Commissioner O'Neal to adjourn to the August 25, 2008 Regular Planning Commission meeting at 6:00 P.M. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjourned at 8:30 p.m. </1. /1 ..;, ~-\'1 ."~ ")/, 0" ,'1/ 1/ f./ /).t/ , /' ~/Zr{.. / AXEL NELLI, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, 7 ~ I / ,] .t ;.lOi{ u ( I . ' "t}A/f.'1./...e DANA PORCHE OFFICE SPECIALIST III ATTEST: , 71/ J/L---~ OLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 10 n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, AUGUST 19, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:09 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. n ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS None. STAFF PRESENT Also present were Director of Community Development Preisendanz, Public Works Director/City Engineer Seumalo, Associate Planner Carlson, Planning Technician Bitterolf, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.1 The following items were listed on the Consent Calendar for Planning Commission approval: n 1. Minutes for the Followinq Planninq Commission Meetinq(s) a. Regular Planning Commission Meeting of April 1 , 2008 b. Regular Planning Commission Meeting of August 5, 2008 1 n Recommendation: Approved as submitted. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to approve Consent Calendar Item No.1. 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 ITEM(S} None. n BUSINESS ITEM(S} 2. Uniform Siqn Proqram No. 2008-03 (Trevi Lanes) n Chairman Zanelli indicated the item before the Commission is a Sign Program for Trevi Lanes. Director of Community Development Preisendanz introduced Associate Planner Carlson, and indicated he would provide the Commission with the reading of the Staff Report. Vice-Chairman Flores recused himself from the meeting due to pending issues relative to the personal stolen vehicle on the applicant's property. Commissioner O'Neal recused himself due to a recent discussion with the applicant regarding campaign contributions, however; it was clearly indicated by Commissioner O'Neal that no contributions had been received. Associate Planner Carlson provided a presentation for Uniform Sign Program No. 2008-03. He indicated staff recommends approval of the project based on the Findings, and is subject to the Conditions of Approval. He indicated that the applicant was not present at the meeting. 2 n n n Director of Community Development Preisendanz indicated the applicant would be required to obtain building permits for the signs. He stated this is just for the Planning approval. Chairman Zanelli asked staff if the applicant has read and signed the "Acknowledgement of the Conditions of Approval." Associate Planner Carlson stated "yes." Chairman Zanelli noted the landscaping issue which has not yet been resolved and requested staff to follow up on the issue. It was motioned by Commissioner Mendoza, second by Commissioner Gonzales to adopt Resolution 2008-69, approving Uniform Sign Program No. 2008-03, The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA NONE NOES: ABSENT: NONE ABSTAIN: VICE-CHAIRMAN FLORES COMMISSIONER O'NEAL Vice Chairman Flores and Commissioner O'Neal returned to the meeting. STAFF COMMENTS Public Works Director/City Engineer Manager Seumalo commented on the following: . He spoke of the Capital Improvement Project known as the Fire Station at Ros~tta Canyon and the Rosetta Canyon Park which would go before City Council for award on August 26th as well as the impact improvements at State Route 74 and 1-15. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: No comments. 3 n n n Commissioner Mendoza commented on the following: No comments. Commissioner Gonzales commented on the following: No comments. Vice Chairman Flores commented on the following: . He noted the candidate in the audience and welcomed them to the meeting. Chairman Zanelli commented on the following: No comments. ADJOURNMENT It was motioned by Chairman Zanelli, seconded by Commissioner O'Neal to adjourn to the August 25, 2008 Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjourned at 6:18 p.m. AXEL N. I, AIRMAN PLANNING COMMISSION Respectfully Submitted, Ie a1,AI1 (I. fb~ . DANA PORCH~ OFFICE SPECIALIST III ATTEST: ~ -- ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 4 n n n MINUTES HOUSING ELEMENT WORKSHOP CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 WEDNESDAY, AUGUST 20,2008 CALL TO ORDER - 6:00 P.M. 1. Housinq Element Workshop Planning Manager Weiner called the meeting to order at 6:00 p.m. He indicated Virginia Viado, with Hogle-Ireland would provide a presentation regarding the Housing Element which is a portion of the General Plan. He stated he has received many calls pertaining to the General Plan Update; however, indicated the present meeting focuses on the Housing Element, which includes regional housing needs, how the City would meet those needs and other aspects of the Housing Element. He indicated there would be a tentatively scheduled General Plan Update meeting on September 16, 2008, at the City's Cultural Center. Virginia Viado, Hogle-Ireland provided a presentation which outlined the regional housing needs. She outlined what the City has accomplished since 2002 including implemented programs. She stated the City has adopted a Density Bonus Program which would allow between 5-20% of the units over what is established for the base density for a particular site. She noted the increase would be based on the provision of affordable housing within a development. She noted the City constructed over 1,500 moderate and 3,000 above-moderate affordable housing units since 2002. She indicated there are still some programs that are important and should be implemented such as the Inclutionary Housing Ordinance, which would mandate residential development to satisfy a 15% affordable housing obligation. She indicated that there is also collaboration with non profit developers to approve and construct affordable housing development. She noted that there needs to be some amendments to the zoning code to allow emergency and homeless shelters in various zones. She indicated this relates directly to State Law that was recently adopted in Senate Bill 2. She noted the City is still working on the Draft Housing Element document for the public to review, and plans to have it completed by mid September or early October. Dan Uhlry, resident, spoke of the City's very low, low, and Section 8 Housing. He noted the past four years have not been successful. He noted that Forecast, Pardee and Rosetta Canyon Homes paid in-lieu fees for low-income housing, which was to be built at a different location, yet nothing has been built. He asked where the money has gone. He stated that he is pleased that the City is trying to do something now. 1 Agenda Item # _ Page 1 of2 n n n Ron Hewison spoke on behalf of HOPE. He advised the public that HOPE is a local Food Pantry that serves several segments of the community, including the senior program. He noted the monthly income for seniors to qualify for the program is $1,276 per month or lower. He indicated they also have programs for grandparents raising grandchildren, single parents raising teens and the disabled at the age of 50+. He noted all of their programs are income driven with the income verified. He stated the incomes that HOPE uses are from TEFAP and CDBG Funds. He spoke on how HOPE works with families on Section 8 and works with non-profits on Emergency Shelter Grants, essentially motel vouchers. He indicated that he is delighted to see the City is reviewing the Housing Element and he would assist in any way he could. ADJOURNMENT Planning Manager Weiner adjourned the Housing Element Workshop at 6:35 p.m. ~ ~J~- TOM WEINER, PLANNING MANAGER Respectfully SUbmittel1 J{})J.~ C' V~^A' DANA PORCH OFFICE SPECIALIST III ATTEST: ~ -------- ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 2 Agenda Item # _ Page 2 of2 n n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, SEPTEMBER 2,2008 CALL TO ORDER - 6:00 P.M. Vice-Chairman Flores called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE Commissioner O'Neal led the Pledge of Allegiance. ROLL CALL PRESENT: VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: CHAIRMAN ZANELLI PUBLIC COMMENTS None STAFF PRESENT Also present were Director of Community Development Preisendanz, Planning Manager Weiner, Public Works Director/City Engineer Seumalo, Project Planner Miller, Planning Technician Bitterolf, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NOS. 1 & 2 The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes for the Followinq Planninq Commission Meetinq(sl a. Regular Planning Commission Meeting of May 6, 2008 Recommendation: Approved as submitted. 1 n n n 2. Minor Desion Review of a Sinole Familv Residence located at 419 North Lowell St. Recommendation: Approved as submitted It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to approve the Consent Calendar Item Nos. 1 and 2 The following vote resulted: AYES: VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: CHAIRMAN ZANELLI ABSTAIN: NONE PUBLIC HEARING ITEM(S} 3. Conditional Use Permit No. 2007-22 and Industrial Desion Review No. 2007-04. for a Mini-Storaoe Facility at the Corner of Corydon and Palomar Street Vice-Chairman Flores opened the Public Hearing at 6:09 p.m. and indicated that this item is requested to be continued to the October 7, 2008 Regular Planning Commission Meeting. He requested any public speakers on this item. There being no public speakers, Vice-Chairman Flores requested a motion. It was motioned by Commissioner Gonzales, seconded by Commissioner Mendoza to continue Conditional Use Permit No. 2007-22 and Industrial Design Review No. 2007-04 for a Mini-Storage Facility at the Corner of Corydon and Palomar Street. The following vote resulted: AYES: VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: CHAIRMAN ZANELLI ABSTAIN: NONE 2 n n n Business Items None Informational Items Director of Community Development Preisendanz requested the Commission to consider having an extra Planning Commission meeting to be held on September 30, 2008. Commissioner O'Neal inquired how long the meeting would last. Planning Manager Weiner indicated the meeting shouldn't be too lengthy. He indicated, due to the General Plan Update being scheduled for the September 16th Planning Commission meeting, it was suggested to have an extra meeting in September to allow for other projects to be presented. Commissioner O'Neal suggested having the items discussed at the October ih regular Planning Commission Meeting. Commissioner Mendoza concurred on having the items heard at the meeting on October 7th. Vice-Chairman Flores requested a motion. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to not have an extra meeting on September 30th 2008. The following vote resulted: AYES: VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: CHAIRMAN ZANELLI ABSTAIN: NONE STAFF COMMENTS Public Works Director/City Engineer Manager Seumalo commented on the following: . He spoke of the revisions to the Rosetta Canyon Fire Station plans and park improvements which would go before City Council. 3 n n I i n . He spoke of the Grand Avenue overlay project which would be going out for bid. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . He spoke of the upcoming General Plan meeting to take place on September 16th and inquired when the revised copy of the General Plan Update would be distributed. The Director of Community Development Preisendanz indicated staff is currently working on the General Plan Map. He indicated that staff would mail out the notice of Public Hearing ten days in advance of the September 16th meeting. He noted that at the meeting there would be copies of the before and after versions of the General Plan Amendment. He indicated staff would provide a PowerPoint. Commissioner Mendoza commented on the following: No comments. Commissioner Gonzales commented on the following: . He inquired if there was an area set aside for medical facilities on the Master Plan. The Director of Community Development Preisendanz indicated that medical facilities are permitted in certain General Plan designations. . He expressed his concerns regarding weed abatement in certain areas that needed attention, specifically on Lash Avenue. The Director of Public Works Seumalo responded, the Commission's concerns would be forwarded to the weed abatement staff. . He expressed his concerns with the City's campground site on Riverside Drive and Lincoln. Director of Community Development Preisendanz indicated that the Director of the Lake & Aquatics Department Pat Kilroy is working on those issues. Vice-Chairman Flores commented on the following: . He inquired about the landscaping around the unfinished area of the Summerly project, particularly around the entrance of the community. He suggested having staff present a solution so this would not happen again. He suggested having entrances to model home complexes landscaped first, in case of a default should occur. 4 n n n Director of Community Development Preisendanz indicated he believes the project has a Condition of Approval that requires perimeter landscaping and would have staff look into it. ADJOURNMENT It was motioned by Commissioner Gonzales, seconded by Commissioner O'Neal to adjourn to the September 16, 2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjoumed at 6:35 p.m. JI Y FLORES, VICE CHAIRMAN LANNING COMMISSION Respectfully Submitted, J aUlA c.l&rr'h.' DANA PORCH~ OFFICE SPECIALIST III ATTEST: ~ ./ ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT 5 n II In MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, SEPTEMBER 16, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:06 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 PUBLIC COMMENTS Donna Franson, resident, spoke of the Candidate Forum to be held at the Storm's Clubhouse on September 29th at 6:00 p.m. She requested the public to send her questions to address the eleven candidates. STAFF PRESENT Also present were Director of Community Development Preisendanz, Deputy City Attorney Santana, Planning Manager Weiner, GIS Analyst Barrozo, Public Works Director/City Engineer Seumalo, Associate Planner Carlson, Project Planner Donahoe, Planning Technician Bitterolf, Environmental Principal Planner Worthey, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO.1 The following items were listed on the Consent Calendar for Planning Commission approval: __~___ _' ........,.~.'.__L~ -- .......IJ:t. ____~~.__ In I I n n 1. Minutes for the Followina Plannina Commission Meetina{s) a) March 18,2008 b) August 19, 2008 c) September 2, 2008 d) Meeting Minutes for the Housing Element Workshop - August 20, 2008 Recommendation: Approved as submitted. It was moved by Commissioner Mendoza, and seconded by Commissioner Gonzales to approve the Consent Calendar Item NO.1. 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 ITEM{S) 2. General Plan Uodate Chairman Zanelli opened the Public Hearing at 6:04 p.m. Director of Community Development Preisendanz provided the Commission with a presentation of the Draft General Plan Update. He indicated the Draft General Plan Updated consists of a detailed matrix that is divided into 19 districts, which includes all of the land use changes and recommendations for the preferred land use plan as well as substantive recommended changes to the Draft General Plan Text and District Plan text. He highlighted those areas that are substantive in nature in order to expedite the procedures. He stated that ultimately the Commission would make their recommendations to the City Council. He clarified the General Plan is programmatic and not project specific. He also emphasized that the General Plan could be amended up to four times per year for each element. William Mazel, resident, indicated that he appreciated the effort the Planning Division has put into implementing the Draft General Plan Update and to get his property to where it should be. n Joe Huband, resident, thanked staff for their hard work on the General Plan. He spoke of issues in Country Club Heights, particularly where it is zoned Hillside Residential. He also spoke of Lakeshore Drive where the zoning has been changed from recreation to single-family residential. He indicated he feels the area should be zoned commercial to allow for restaurants and other business establishments. Tim Fleming, resident, recommended to the Commission not to forward the revised Draft General Plan Update to City Council. He suggested having staff recalculate a new EIR. He also spoke of the new and varied land use designations and the changes made. Deputy City Attorney Santana clarified what the Commission would consider for City Council review. She indicated the Commission is only considering the changes that staff has recommended regarding the General Plan Update and would not make a decision or recommendation if the EIR should be re-circulated. She stated, should the City Council approve the changes, staff would request direction from the City Council of the re-circulation of the EIR. Commissioner O'Neal asked legal counsel clarification on lowering the zoning. n Deputy City Attorney Santana stated a change of zoning is not a taking. She indicated, in order for a regulation to be a taking, there are a series of tests that would be applied and in essence it would rely on the impact on the property owner and would permanently deprive the property owner of all economic value on the property. . Leonard Leichnitz, Lumos Communities, indicated that staff has done an extraordinary job on the update. He indicated he was impressed with the level of thought and deliberation that went into the document. He stated he would appreciate if the Commission would expedite the process as quickly as possible. Barton Crandell, representing a property owner, requested the Commissioner's thoughts on keeping APN 379-111-014 as commercial. He indicated Riverside Drive is a major thorough-fair. He indicated straight commercial is not the best image for the City. He requested a mixed use for the area. He stated, with having a mixed use, it would provide a more detailed variety. He indicated by re-zoning it down to a mixed use, it wouldn't necessarily be a mixed use project and could still be all commercial. n Director of Community Development Preisendanz stated it was kept as commercial as staff did not want to spot-zone or isolate a commercial mixed use. He stated, should the Commission be willing to consider mixed use for the area, he suggested having the Commission look at the parcel to the south, but recommend~ keeping it as general commercial. Tom Tomlinson, representing Castle and Cooke, stated he was disappointed with the lack of changes he suggested to the Commission. He spoke of the area known n as the Bowtie area, which is north of the high school. He indicated he had hoped for a Specific Plan designation to tie in with the Specific Plan just north of the area, mainly because of the constraints associated with the shape of the property. He also indicated he was disappointed that staff did not consider the area north of Nichols to be considered an M-3 zone, which would conform to the existing land. Director of Community Development Preisendanz indicated he recommends Hillside Residentialon the "L" shaped piece. Tom Tomlinson stated he appreciates the change from Open Space. However indicated that Hillside Residential would be hard to develop. He spoke of his concerns with the lack of change with the circulation element for the EIR. He stated, this is the first phase and to not be able to take the process of planning the General Plan EIR is disappointing and an unnecessary cost, not only for the City but for Castle & Cooke. Steven Miles, Miles-Chen Law Group, representing Castle. & Cooke and Joe Huband, spoke of the Country Club Heights Policy 4.3 Land Use goal. He disagreed with staff's recommendation of proposing the area as Lakeside Residential which would provide Scenic Vistas, and spoke of the request to re-circulate the EIR. n Joe Wulff, property owner, spoke of APN 373-054-026 and having his parcel zoned as split density which is currently zoned Hillside. Director of Community Development Preisendanz indicated the attempt to create land uses that are property specific and staff doesn't recommend splitting properties. He spoke of a steep hill at the location and indicated that staff recommends maintaining continuity with the Hillside Residential which is based on the percentage of the slope. Steve Hunter, Land Design Consultant, indicated he has had several conversations with staff. He indicated he owns four parcels within the Downtown Historic District and requested clarification on the zoning. Director of Community Development Preisendanz indicated it was changed to high density. Harvey Ryan, resident, spoke of his support of recommending the zoning of the Country Club Heights area as Hillside Residential. He noted the requests to have the area zoned as high density; however indicated that it would be a shame to have anything but Hillside Residential. n Gary Jacobs, resident, spoke of the area in Country Clubs Heights and the lack of infrastructure due to narrow roads and the lack of water, sewer or fire protection. He stated that he served on a committee which decided to zone the area as Hillside Residential or low density. n Paul Castanio, resident, indicated he was pleased to see the area known as Lakeside Residential was switched from recreation to residential and spoke of the need for commercial development to serve the boating community and all of the activities that take place on the lake. Dan Uhlry, resident, spoke of the lack of commercial along the lakeside. He also requested clarification of the high water mark and how it relates to the building pad level of 1265'. Director of Community Development Preisendanz stated 1265' is a high water mark that was determined by FEMA which is based on data that was provided. He stated staff was looking for an area that could calculate lot coverage. Susan Holton, resident, thanked staff for the work that has been completed on the Draft General Plan Update. She spoke of the area off Graham between Langstaff and Poe and requested the area be designated as low medium residential. She also suggested changing the name from Downtown Historical District to Pioneer District. Chairman Zanelli closed the Public Hearing at 7:52 p.m. and requested the Planning Commission take a recess. The Commission was reconvened at 8:09 p.m. n Commissioner O'Neal inquired if the Jones/Stokes contract included a line item for the re-circulation of the EIR. Director of Community Development Preisendanz indicated that the JO,nes/Stokes contract did not include a line item for re-circulation of the EIR. Commissioner O'Neal stated staffs recommendation is out of order. He indicated that the Planning Commission has not deliberated on the Draft General Plan Update's text, including the policies, goals and objectives, and for this he stated he could not support staffs recommendation of the Draft General Plan Update. He provided an alternative recommendation including, having the land use map revised as recommended and have all changes to the General Plan text, such as policies, goals and objective prepared and red-lined to include strikeout for Planning Commission deliberation. He also recommended re-circulating the Draft EIR to address the General Plan Update revisions and bring the re-circulated EIR and General Plan Update back to the Planning Commission for recommendation to City Council. Commissioner Gonzales stated he sees no problems to the changes recommended during the meeting. n Commissioner Mendoza stated staff has done a great job working with the residents and community by making the necessary changes. Vice Chairman Flores stated staff has done an outstanding job on providing the Draft General Plan Update and public input. He commented the General Plan could be n changed up to four times a year. He inquired as to when a change could be made to the General Plan. Director of Community Development Preisendanz stated, normally there are changes when there is a request from a developer. He stated staff tries to coordinate them up to four times a year. Vice Chairman Flores asked if the residents in the area of possible zone change would be notified. I~n I I ! Director of Community Development Preisendanz stated the owners would always be notified of any changes in zoning. He stated he appreciates all of the thanks that he received while making the changes to the General Plan Update. He noted it was extremely difficult to accommodate everyone's requests. He noted City Council has requested to have the General Plan Update moved forward. Deputy City Attomey Santana apologized for not being clear on the discussion of the EIR. She stated staffs recommendation to the Planning Commission is to approve all of the changes that have been made and to recommend the Draft EIR be revised and re-circulated as necessary based on what ever there is that the Council ultimately decides. She stated the Commission is not ignoring the Draft EIR and staff is aware of the guidelines that require the Commission make a recommendation to the ultimate legislative body with regards to the EIR. Chairman Zanelli thanked those who participated in the Draft General Plan Update and thanked the public for attending the meeting. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to recommend to the City Council the proposed land use map in the Draft General Plan Update be revised as recommended by staff and all necessary and appropriate changes to the text of the proposed General Plan Update be competed and the Draft Environmental Impact Report (EIR) be revised and re-circulated, if nece!>sary, prior to re-submittal of the Final EIR and General Plan Update to the City Council for adoption. The following vote resulted: AYES: n NOES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE n n n ABSTAIN: NONE BUSINESS ITEMS None STAFF COr.,MENTS Public Works Director/City Engineer Manager Seumalo commented on the following: . He indicated that staff opened the bids for the paving along Riverside Drive and Machado Street, which would be taken to City Council for consideration on Tuesday, September 23rd. . He indicated staff held a pre-construction meeting for the Hwy 74/1-15 interchange phase I project, which is anticipated to commence by the end of the month. . He spoke of the ramp work at the interchange at Central and Main Street which was part of Cal-Trans maintenance. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . None. Commissioner Mendoza commented on the following: . None. Commissioner Gonzales commented on the following: . None. Vice-Chairman Flores commented on the following: . He requested status of Lake Street road-improvements off 1-15 freeway. Public Works Director/City Engineer Manager Seumalo indicated he has a meeting with Alberhill Ranch project Manager on Wednesday. He stated some road improvements are contingent with a certain number of houses that are occupied. He indicated he would check into the matter. Chairman Zanelli commented on the following: . He thanked everyone for their attendance. ADJOURNMENT n n n It was motioned by Commissioner Gonzales, seconded by Commissioner O'Neal to adjourn to the October 7,2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. The Planning Commission meeting adjOUrned~ 8:15 p.m. . ~ () fiR 1& AXEL ~ELLI, ~&Af\t PLANNING COMMISSION Respectfully Submitted, tl~ (' . pr(Ml~--( DANA PORCHE OFFICE SPECIALIST III ATTEST: ~U~ TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 7,2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL n PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS None STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Santana, Associate Planner Carlson, Planning Consultant Miller, Planning Consultant Coury, Environmental Principal Planner Worthey, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO.1 The following items were listed on the Consent Calendar for Planning Commission approval: n 1. Minutes for the Followinq Planninq Commission Meetinq(sl a) April 29, 2008 b) September 16, 2008 n n n Recommendation: Approved as submitted. It was moved by Commissioner Mendoza, and seconded by Commissioner Gonzales to approve the Consent Calendar Item No.1. 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 ITEM(Sl 2. Mitiaated Neaative Declaration No. 2008-07. Conditional Use Permit No. 2008-01. Tentative Parcel MaD No. 36066. and Commercial Desian Review No. 2008-01 for the "Greenwald Commercial Center." Chairman Zanelli opened the Public Hearing at 6:04 p.m. Acting Community Development Director Weiner provided a brief presentation to the Commission. He indicated staff received severalleUers regarding the environmental document that was generated for this project which was distributed to the Commission. He noted the Regional Water Quality Control Board had forwarded a letter after the public review period had ended. He indicated he was unable to include it in the final Mitigated Negative Declaration document; Staff was contacted by the Water Quality Control Board last week asking that the letter be discussed during the hearing. Ed Sauls, applicant, indicated that he has been working closely with staff to address all issues and concerns. He indicated the architect is available to answer any questions the Commission may have. John Chipman, architect for the project, stated he wanted to develop something unique for the City and he felt the project would be an asset to the community and appreciated all the assistance received from the Planning Division. Scott Hildebrandt, Canyon Lake Property Owners Association (POA) stated the project was reviewed by the City of Canyon Lake and the City of Lake Elsinore. He indicated that the POA was in support of the project. He noted an issue regarding j n the access trail off Dowling Street and the concern for safety. He requested that the issue be resolved prior to the approval to the project. Lori Moss, City Manager of the City of Canyon Lake, addressed a few conditions of approval to be modified. She addressed the following conditions: . #7D - having the hours changed from 7:00 a.m. to 7:00 p.m. . More research on the 60 foot easement on the east side. . Suggested the box culverts be 12' x 12' instead of 8' x 8' as noted in condition #10. . #40- requested prior to the issuance of building permits, the City of Canyon Lake or POA would like to review the landscape and irrigation plans adjacent to the boundary. . #83 - the connection needs to be coordinated with the County of Riverside and not the POA. . Add a condition for mitigation measures for the uncontrolled intersection at Dowling Street from the south side to the north. . Spoke of the ending construction time changed from 7:00 p.m. to 5:00 p.m. which is consistent with the City of Canyon Lake. n Lori Moss stated the City of Canyon Lake supports the project and indicated she would be available for further comments. Ed Sauls indicated he appreciates all the comments and support and responded to the comments Lori Moss made. Chairman Zanelli closed the Public Hearing at 6:27 p.m. Commissioner O'Neal spoke of the paragraph in the staff report that discusses the City of Canyon Lake and POA not willing to implement any of the appropriate measures as recommended. He requested Lori Moss to comment. Lori Moss stated the proposal of the trail and where it is located is dangerous to horses and the motor vehicles using the trail. She indicated mitigation measures need to be included in order to make the area safe, although she indicated she does not feel it would be possible. Commissioner O'Neal stated he concurs with staffs recommendations and stated the project is an excellent project. Commissioner Gonzales inquired if all of the golf carts need to be street legal. Chairman Zanelli stated no golf carts are allowed on the streets within the City. n Commissioner Gonzales stated he likes the project and would be in favor of having it developed. II Commissioner Mendoza stated the crossroads coming out of Canyon Lake are more than sufficient. He stated it shows good faith that the developer is willing to incur the cost of the trail, however did not agree that the developer should incur more cost when it does not benefit the project. He stated he feels the project is fantastic and stated the project should go forward. Vice-Chairman Flores inquired of the easements that Lori Moss addressed. Acting Community Development Director Weiner indicated there is a 60 foot easement that abuts the Canyon Lake boundary. Vice-Chairman Flores indicated he concurs with the Commission and noted his concerns with the speeding of vehicles outside the gate to Canyon Lake. He stated the project is outstanding and stated he looks forward to having the project come aboard. Chairman Zanelli stated he felt the project is a good project. He spoke of the speeding outside of the gates of Canyon Lake even though there is signage stating to slow down. Ii It was motioned by Commissioner Gonzales, seconded by Vice-Chairman Flores to adopt Resolution No. 2008-71, recommending that the City Council adopt Findings that the project known as the Greenwald Commercial Center is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: CHAIRMANZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE. ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Vice-Chairman Flores to adopt Resolution No. 2008-72, recommending to the City Council adoption of Mitigated Negative Declaration No. 2008-07 for the Greenwald Commercial Center. The following vote resulted: n AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA In COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-73, approving Conditional Use Permit No. 2008-01 for the Greenwald Commercial Center. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE n ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Vice-Chairman Flores to adopt Resolution No. 2008-74, recommending that the City Council approve Tentative Parcel Map No. 36066 for the Greenwald Commercial Center. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE n It was motioned by Commissioner Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-75, recommending to the City Council approval of Commercial Design Review No. 2008-01 for the Greenwald Commercial Center. II n n The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Conditional Use Permit No. 2008-22 for "Out of the Box Dance Company & Apparel" located at 18415 Pasadena Street. Suite "B" APN: 377-151-093. Chairman Zanelli opened the Public Hearing at 6:39 p.m. Acting Community Development Director Weiner noted a correction to the staff report noting the project would be open on Saturdays from 9:00 a.m. to 1 :00 p.m. Associate Planner Resendiz provided a brief overview of the project. He indicated the applicant was available to answer any questions the Commissioner may have. April Bachmeier, applicant, indicated her business partner would provide the Commission with any information that was needed. Lori Johnston, applicant, stated it is their vision to create a place where kids can go to stay out of trouble. She indicated the company would help raise money for those who can not afford dance by participating with fund raising and scholarship programs. Dwight Johnson, owner, spoke of addition parking and hours of operation. Chairman Zanelli closed the Public Hearing at 6:45 p.m. Commissioner Gonzales stated he knows the applicants family well and stated he feels the business will do well. Commissioner Mendoza commented on "Homegrown Businesses" and how they are good for the City. He suggested to the applicant installing a security camera for protection of the business. Vice-Chairman Flores stated that the business would be a pleasure to have in the City. Chairman Zanelli stated the business would be a fine addition for the community. n n n It was motioned by Vice-Chairman Flores, seconded by Commissioner Mendoza to adopt Resolution No. 2008-76, approving Conditional Use Permit No. 2008-22. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Conditional Use Permit No. 2007-22 and Industrial Desiqn Review No. 2007-04. Chairman Zanelli opened the Public Hearing at 6:46 p.m. Planning Consultant Miller provided a brief overview of the project. She indicated staff is recommending denial of the project because it was discovered that the parcel in question was designated Residential 1 instead of Airport Use Area (AUA). She noted the lot was constrained due to the site being located within the mapped Alquist-Priolo Special Studies Zone which restricts properties located in the Special Study Zone. She stated staff could not make findings to support approval of the self storage on the residential land use site. She indicated she received 10 phone calls supporting staff's decision to deny the project. Mike Dunn, applicant, provided to the Commission a detailed overview of why the Commission should overturn staff's decision and consider approving the project. He indicated the storage unit is a state-of-the-art facility. He stated the facility would enhance the area and would provide a buffer between the homes and Mobile Home Park and take 58 motor homes and trailers off the streets and give them a place to park in a safe and secure area. He indicated that staff was always courteous and helpful however wished that staff would have considered the project for approval. Eleanor Janes, resident, spoke of a house that previously occupied the location which since has been torn down. She thought that the area was un buildable and could only accommodate a park. Craig Burunton, resident, spoke in favor of the project. He indicated the project would provide future jobs and recreational parking is needed. in I i I I i Bob Robinson, resident, spoke neutrally of the project. He noted only one ingress/egress and spoke of his concerns with safety. He suggested the traffic engineer take a closure look at the project. Chairman Zanelli closed the Public Hearing at 7:27 p.m. Vice Chairman Flores asked the applicant if he was aware that the zoning was R-1. Mike Dunn was told it was Airport Use Area (AUA). Vice-Chairman Flores asked the applicant if he would be willing to re-Iocate the entry way driveway. Mike Dunn indicated.. that there is another diagram showing the entry way being relocated due to safety concerns. Vice-Chairman Flores asked staff if the General Plan Update has been finaled. Acting Community Development Director Weiner indicated the General Plan Update has not been finaled. Vice-Chairman Flores asked if staff could help with the Mixed Use Zoning. n Acting Community Development Director Weiner indicated the project is within a Specific Plan and already vested. He indicated the land use is in place and staff can not modify it in the General Plan. He stated the applicant has the option of applying for a Specific Plan Amendment, which is a more time consuming process. Commissioner O'Neal asked at what point staff advised the applicant he could not do the project. Acting Community Development Director Weiner indicated the applicant submitted his application around October 2007 and within 60 days after the submittal the land use issue was discovered. Commissioner O'Neal asked how many meetings were held with the applicant and the architect. Project Planner Miller indicated the only meeting that is noted was on December 18th which was held at the front counter and the right of way issue was discussed. Commissioner O'Neal spoke of the earthquake fault that goes through the area, and why would single family homes be allowed in that area. n Project Planner Miller indicated that the plan may have been developed in the 1980s and stated she wasn't sure if it was identified that a fault zone was present. Commissioner Gonzales also noted his concerns with the entrance. n Project Planner Miller noted the exhibits show an emergency access where the access was originally planned. Commissioner O'Neal suggested having the project brought back to the Commission instead of denying the project. Commissioner Mendoza asked how much more money would it cost the applicant should the project be brought back to the Commission at a later date. Acting Community Development Director Weiner indicated if staff were to bring the project back for approval, staff would need to complete the environmental portion which would have some additional costs involved. Commissioner Mendoza indicated the project is not properly zoned for the area and concurred with staff's recommendation. Chairman Zanelli noted the design of the project. He spoke of his concerns with the access of the project and the required set backs which the initial application did not provide. n It was motioned by Commissioner Mendoza, seconded by Vice-Chairman Flores to continue Conditional Use Permit No. 2007-22 and Industrial Design Review No. 2007-04 off calendar. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman Zanelli requested a recess at 7:52 p.m. and reconvened at 8:00 p.m. 5. Residential Desian Review No. 2008-03. for "Jasmine" bv Lennar Homes in Rosetta Hills. Tract MaD No. 31792. In Chairman Zanelli opened the Public Hearing at 8:00 p.m. Acting Community Development Director Weiner provided the Commission with a brief overview of the project. He stated staff is recommending approval of the J n project based on the Findings, and is subject to the Conditions of Approval. He noted that staff has received several emails showing support for the project. Jarnne Valdez, applicant, thanked staff for their assistance with the project. She spoke of the new floor plans and how they meet the market demands. She indicated that two meetings were held with the Rosetta Canyon Community in order to present the plans and allow the residents an opportunity to comment. She indicated that Lennar would like to start construction of the model homes sometime in November and the production homes in January 2009. She stated Lennar Homes agrees to the Conditions of Approval and would be available to answer any questions the Commission may have. David Giacci, resident, spoke in favor of the project. He indicated that the proposed housing development would be a good addition to the community and would retain the architectural flow. Lolita Robinson, resident, spoke in favor of the project. She indicated that staff has been very helpful and the homeowners really appreciate all the help. Mykal AIi, resident, requested status of the proposed park to be located at the corner of Rosetta Canyon Drive and Ardenwood Way. n Acting Community Development Director Weiner stated that the Fire Station and Park would be built all at the same time. He indicated that the project is currently in plan check. Traffic Engineer Basubas indicated that construction should begin within two weeks. Chairman Zanelli closed the Public Hearing at 8:12 p.m. Commissioner Gonzales asked if the Magnolia Homes were single or two-story homes. Jarnne Valdez indicated that the Magnolia Homes were all two-story homes. Commissioner Mendoza stated that the project is great and commended Lennar for taking the time to speak with the existing residents in the community. He stated he supports the project. Vice-Chairman Flores concurred with Commissioner Mendoza. He also indicated he was glad to see the discussion regarding the park. n Commissioner O'Neal noted Lennar Homes is listed on the New York Stock Exchange and is a Florida Corporation. He asked if there is a requirement that all purchasers of the homes must pay into the charitable fund. Jarnne Valdez explained that the fund is a charitable housing foundation, which is used to go towards charitable foundations and the buyers must pay into the fund. n Chairman Zanelli thanked Lennar Homes for meeting with the existing residents. He stated he drove through the area with Project Planner Donahoe and had a chance to speak with some of the residents. He indicated the residents seemed to be happy with the design of the project. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-77 recommending to the City Council approval of Residential Design Review No. 2008-03 for the "Jasmine" product at Rosetta Hills Tract 31792. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE Ii ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS 6. An Amendment to Uniform Sian Proaram No. 2007-07 "Lake Elsinore Outlets". Project Planner Coury provided a brief overview of the project for the Commission. He indicated the Commission did approve the Sign Program in March 2008. He stated the Sign Program is for the Outlet Center. He stated the applicant is requesting an amendment to the sign requesting the freeway pylon sign be re- located to the south about 1,500 feet. He stated that the applicant is available to answer any questions that the Commission may have. There being no comments from the Commission, Chairman Zanelli called for a motion. n It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-78, modifying Uniform Sign Program No. 2007-07. The following vote resulted: n n n AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 7. A Reauest for Public Convenience and Necessitv Findinas for Off-Premise Alcohol Sales from a Proposed Convenience Store Located Within the Viscava Villaae Shoppina Center Located at 16665 Lakeshore Drive. Suite "A". Vice-Chairman Flores requested to be recused from the discussion of the project due to the proximity of his personal business to the project location. Acting Community Development Director Weiner provided the reading of the staff report to the Commission. He noted that City Council recently delegated the responsibility of public convenience and necessity findings to the Planning Commission. He stated the Department of Alcohol and Beverage Control requires that the Findings be made from the local jurisdiction when an area is over concentrated with similar types of alcohol licenses. He stated that the census tract where the Viscaya Village Shopping Center is located contains five off premise locations according to the ABC records. He stated ABC guidelines indicated that based on the census tract and population, only three would be appropriate. He stated that the applicant is present and staff is available to answer any questions that the Commission may have. Norma Aziz, applicant, stated that she is looking forward to doing business in the City. She stated that she has been in this type of business for seven years and never had problems with local police or ABC. Tom O'Meara, landlord, noted that the applicant has a good history with ABC and would like to have this business brought to the City. Marylou Veytia, resident and Vice President of the HOA of Viscaya spoke in opposition of the project. She indicated there are too many businesses that sell alcohol in the area. She stated she doesn't have a problem with the convenience store, only the sale of the alcohol. Commissioner O'Neal stated that he does not have a problem with the convenience store and the sale of alcohol at that location. Commissioner Gonzales inquired about the location of the store and asked if there was a restaurant that once stood at that location. n n n Tom O'Meara stated the proposed location is on the corner and is about 2,000 square feet. He stated that the Panda Palace is also at that location. Commissioner O'Neal asked the hours of the business. Tom O'Meara stated the hours would be from 8:00 a.m. to midnight. Commissioner Mendoza requested clarification of what the Sheriffs Department recommended. Acting Community Development Director Weiner stated that the Sheriffs Department did have some concerns with the visibility into the store. He stated it was also noted that the store would need adequate surveillance. Chairman Zanelli commented on the number of establishments. He stated that it would be difficult for him to support. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to deny the request and find that alcohol sales in conjunction with the proposed convenience store will not serve public convenience and necessity. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: VICE-CHAIRMAN FLORES Vice-Chairman Flores returned to the meeting at 8:39 p.m. STAFF COMMENTS Traffic Engineer Basubas commented on the following: . He spoke of the Rosetta Canyon Fire Station and Park starting construction in two weeks. . He spoke of the paving of Grand Avenue which would commence on October 20th. . He spoke of the road improvements at 1-15 and Central which would commence in two weeks. . He spoke of the paving along Dexter Avenue and how staff continues to work with the County on their fair share of the fees. n n n Deputy City Attorney Santana commented on the following: · She congratulated Planning Manager Weiner for his promotion to Acting Community Development Director. PLANNING COMMISSIONERS' COMMENTS Commissioner O'Neal commented on the following: . None. Commissioner Mendoza commented on the following: . He congratulated Tom Weiner on his new title of Acting Community Development Director. . He noted how nice it is to receive comments from the public. Commissioner Gonzales commented on the following: . He asked if Home Depot was closing. Acting Community Development Director Weiner clarified that Home Depot was not closing. He indicated that the home improvement center known as Do It Center recently closed. . He asked if the Do It Center is the site where the Post Office would be relocated. Acting Community Development Director Weiner indicated he was not sure if the Post Office would be re-Iocated to that site. . He spoke of a recent tour of the Metropolitan Water District and how the City is losing 35% of the water due to the fish known as Smelt and suggested planting native plants to help conserve water. Vice-Chairman Flores commented on the following: . He requested a status at the September 16th Planning Commission regarding the Lake Street road improvements and asked if anyone conducted a follow up. Traffic Engineer Basubas stated the improvements along Lake Street is triggered on the number of units built and depends on the Development known as Castle & Cooke. Vice-Chairman Flores asked why they haven't completed half of the improvements. Traffic Engineer Basubas stated that it would be due to the economic downturn. He stated if it is a safety issue, then staff would speak with Castle & Cooke. Chairman Zanelli commented on the following: . He requested status on the Fresh & Easy store. Associate Planner Carlson indicated that staff is working with the applicant to update the architectural design. n n n ADJOURNMENT It was the consensus of the Commission to adjourn to the October 21, 2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Ch.,,,,,," ""iii moo"". .djo"m,d ".'53 PcJ~1' AXEL E L1, CHAIRMA PLANNING COMMISSION RjSpeCtfUIIY SU~itted, . ~ (l . y~ DANA PORCHE OFFICE SPECIALIST III ATTEST: ~~ :- .) TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 21, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL II PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS None STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Santana, Public Works Director/City Engineering Manager Seumalo, Associate Planner Carlson, Planning Consultant Coury, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO.1 The following items were listed on the Consent Calendar for Planning Commission approval: n 1. Minutes for the Followina Plannina Commission Meetina(s) a) January 15. 2008 n II n It was moved by Commissioner Mendoza, and seconded by Vice Chairman Flores to approve the Consent Calendar Item NO.1. 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 ITEM(S) 2. Residential Desiqn Review No. 2005-28. Amendment NO.1 for "Parkside Terrace". Chairman Zanelli opened the Public Hearing at 6:04 p.m. Planning Consultant Coury provided the Commission with a brief overview of the project. He noted the archi.tecture originally had been approved. He noted this is a . . modification to an approved project. David Dunham, applicant, thanked the Commission and staff for the hard work that was completed on the project. Chairman Zanelli asked the applicant if they have read and approved the Conditions of Approval. David Dunham indicated yes. Jim Stringer, applicant, stated he would be available to answer any questions that the Commission may have. Jay Skinner, applicant, noted he would be available to answer any questions that the Commission may have. Chairman Zanelli closed the Public Hearing at 6:12 p.m. Commissioner O'Neal concurred with staff's recommendations. Commissioner Gonzales spoke of the design of the project and agreed with staff's recommendation. In I I I I Commissioner Mendoza agreed with Commissioner O'Neal. He thanked the applicant for working so hard with staff and coming up with changes that the City requires. Vice-Chairman Flores welcomed the applicant. Chairman Zanelli concurred with staff and the Commission and thanked the applicant. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-79, recommending to the City Council approval of Residential Design Review No. 2005-28 Amendment No.1. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL II NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Conditional Use Permit No. 2008-06 and Commercial Desiqn Review No. 2008-05: ''Taco Bell" Restaurant and associated drive-thru located at 31712 Mission Trail Drive. Chairman Zanelli opened the Public Hearing at 6:14 p.m. Associate Planner Carlson provided a brief overview of the project. He stated the applicant would provide new landscaping and a new design on the outside structure. He noted the applicant is present and meets all requirements of CEQA. Pedro Blanco, architect representing the applicant, stated that he is in agreement with the Conditions of Approval and would be available to answer any questions the Commission may have. Mark Moore, applicant, spoke in favor of the project. n Chairman Zanelli closed the Public Hearing at 6:19 p.m. Commissioner Gonzales asked about the ladder on the outside of the building Associate Planner Carlson indicated the ladder would be located on the inside the building. n Commissioner Mendoza concurred with staffs recommendations. Vice Chairman Flores commended the project and the improvements. He also spoke of the landscaping. He asked if the store would close during construction. Peter Blanco stated the store would be closed a very minimal amount of time, but would keep the drive thru open. Vice Chairman Flores stated he is looking for to the opening. Commissioner O'Neal spoke of the architectural design and welcomed the changes. Chairman Zanelli concurred with the Commissions comments and staffs recommendations. It was motioned by Commissioner Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-80, recommending the City Council adopt Findings that the project known as "Taco Bell" renovation 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 COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Vice Chairman Flores, seconded by Commissioner Gonzales to adopt Resolution No. 2008-81, approving Conditional Use Permit No. 2008-06. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL n NOES: NONE ABSENT: NONE II ABSTAIN: NONE It was motioned by Commissioner Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-82, recommending City Council approval of Commercial Design Review No. 2008-05. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE II 4. Mitioated Neoative Declaration No. 2008-04 General Plan Amendment No. 2008-03 and Commercial Desion Review No. 2007-07 "Auto Sales and Service Center". Chairman Zanelli opened the Public Hearing at 6:25 p.m. Project Planner Coury provided a brief overview of the project. He spoke of the final Mitigation document that was not included in the packet, however was provided to the Commission and public at the beginning of the meeting. Staff recommends approval of the project. He stated the applicant is available to answer any questions the Commission may have. Adrian Kulinski, applicant agreed to the Conditions of Approval and indicated he would be available to answer any questions the Commission may have. Chairman Zanelli closed the Public Hearing at 6:31 p.m. Commissioner Mendoza indicated that he had no comments. Vice Chairman Flores had no comments. Commissioner O'Neal asked how much land will need to be dedicated. n Project Planner Coury stated the total would be three (3) acres that would be dedicated to RCA for MSHCP purposes. Commissioner O'Neal agreed with staff recommendations. Commissioner Gonzales asked what would be done with the original property. n Adrian Kulinski stated that are a total of three parcels. He stated ten ACRES were sold to Toyota which would be developed into a Toyota Dealership. He stated it is their plans to develop another import dealership. Chairman Zanelli pointed out that the three (3) acres in question could not be buildable because it is in the flood plain. It was motioned by Commissioner Mendoza, seconded by Vice-Chairman Flores to adopt Resolution No. 2008-83, recommending the City Council adopt Findings that the project known as the Auto Group Dealership project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL n J . I I NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner O'Neal, seconded by Commissioner Mendoza to adopt Resolution No. 2008-84, recommending to the City Council adoption of Mitigated Negative Declaration No. 2008-94 for the Auto Group Dealership Project. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE in ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-85, recommending to the City Council approval of General Plan Amendment No. 2008-03. n n n The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Gonzales, seconded by Commissioner Mendoza to adopt Resolution No. 2008-86, recommending to the City Council approval of Commercial Design Review No. 2008-07. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS Public Works Director/City Engineering Manager Seumalo commented on the following: . He indicated that Chuck Mackey, Traffic Engineer for the City for ten years passed away suddenly on Thursday October 16th. He stated funeral arrangements for Chuck would be held on Wednesday, October 22nd at the Veteran National Cemetery in Riverside. He noted that Chuck was a great mentor and will be greatly missed. . He spoke of the road improvements at 1-15 and 74 Hwy. He indicated in order to help with the traffic flow a new traffic proposal was approved by Cal Trans. n . He spoke of the Rosetta Park and Fire Station. He indicated that a deal was made with the awarded contractor to phase the project and work should begin sometime next week. . He spoke of the paving improvements along Grand Avenue between Machado and Riverside Drive that is currently under construction. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . He asked if Cal Trans relinquished control of Highway 74. Public Works Director/City Engineering Manager Seumalo indicated that the Governor signed the Bill earlier this month and the California Transportation Commission is the authorizing body. Commissioner Mendoza commented on the following: . He gave his condolences to the family of Chuck Mackey. . He wished Wendy Worthey good luck in her new job and noted he would miss her. n Commissioner Gonzales commented on the following: . He asked if the Lone Star Steak House would be openin~ soon. Associate Planner Carlson indicated they should be open before October 315. Vice-Chairman Flores commented on the following: . He asked if any accommodations would be made to the residents on Third Street while the road improvements take place. Public Works Director/City Engineering Manager Seumalo would speak with the contractor about road assistance. He noted that Third Street and Cambernare in the County's jurisdiction and would need to coordinate with them. Chairman Zanelli commented on the following: . He expressed his sympathy to the Mackey family. ADJOURNMENT It was the consensus of the Commission to adjourn to the November 4, 2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. n Chairman Zanelli meeting adjou~ned at 6:49 p.m. If II n dr,1l@iI/A- AXE NELL, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, ..~QJ1A Q.~ DA A PORCHE OFFICE SPECIALIST III ATTEST: -tt~ TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 4,2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:06 p.m. PLEDGE OF ALLEGIANCE Commissioner Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS None STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Santana, Public Works Director Seumalo, Planning Consultant Donahoe, Planning Consultant Miller, Associate Planner Resendiz, Planning Consultant Coury, and Office Specialist Porche. PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO. 1A THROUGH 1 B. EXCLUSIVE OF CONSENT CALENDAR ITEM NO.2 The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes for the Followinq Planninq Commission Meetinq(sl a) October 7, 2008 b) October 21,2008 n n n Recommendation: Approve as submitted It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to approve the Consent Calendar Item No. 1a and 1b. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.2. 2. Minor Desiqn Review for Facade and On-Site Improvements to the Existinq 7.768 Square-Foot "Los Compadres" Restaurant and Market Buildinq located at 161 S. Main Street. Commissioner O'Neal requested the item be pulled as he inquired why this project was under the Consent Calendar when it should it have been listed as a Business Item. He further requested clarification from staff as to why the staff report references DRC approval and requested clarification. Acting Community Development Director Weiner indicated that the Historic District Guidelines under the Municipal Code states that any development in the Historic District would be approved by the Design Review Committee (DRC). He indicated the LEMC indicates that the Planning Commission shall act as the Design Review Committee; therefore the same body becomes the DRC. Commissioner Gonzales requested clarification on the height of the building. Acting Community Development Director Weiner noted the grade changes as you proceed towards the rear of the property. He indicated it is not a two-story building. Commissioner Gonzales asked if they would make any changes to the front portion of the building. Acting Community Development Director Weiner indicated "Yes." Commissioner Mendoza indicated he is glad that progress is being made to the property. n n n Vice Chairman Flores inquired about Condition # 34. Acting Community Development Director Weiner stated the Fire Department has Conditions and would clarify with them if it applies to this project. Chairman Zanelli stated he received a letter from the applicant dated November 4th, 2008 which was read into the record. It was moved by Commissioner O'Neal, seconded by Commissioner Gonzales to approve Minor Design Review for facade and onsite improvements to the existing Los Compadres Restaurant and Market located at 161 S. 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 PUBLIC HEARINGS 3. Residential Desiqn Review No. 2006-05. Amendment No. 1 for "Santa Rosa" bv Centex Homes at Rosetta Canvon. Tract MaD No. 25476. Chairman Zanelli opened the Public Hearing at 6:15 p.m. Planning Consultant Donahoe provided the Commission with a brief summary of the project. She stated that staff recommends approval of the project and the applicant would be available to answer any questions the Commission may have. She noted that she received a phone call from an owner in the Caraway neighborhood who felt that the homes would affect her property value and opposed the Centex project. Jane Blasingham, applicant, spoke of the new product being presented to the Commission for approval. She noted the prices have been reduced due to the market conditions. She indicated the architectural design is similar to the other product with the colors, materials and style. Marcy Wilson, resident expressed her concern with all of the foreclosures in her neighbor. She also mentioned that with all of the current development they should consider having a park or recreation center in the area. n Ken Seumalo indicated that staff has issued a notice to proceed with the construction for a fire station and phase one of a park. Stacy Barth, resident, lives in the Augusta section of the Centex Homes. She expressed her concern with the development of smaller homes in her neighbor and how it could reduce the value of her home. She also spoke of her concerns with the lowering of home prices in the area. Chairman Zanelli closed the Public Hearing at 6:29 p.m. Commissioner Gonzales asked the applicant when construction would commence. Jane Blasingham stated construction would begin approximately in six months. Commissioner Gonzales could not comment on the pricing of the homes as that was out of his authority however was satisfied with the design of the homes. Commissioner Mendoza agreed with Commissioner Gonzales. Commissioner Flores noted the designs are within staffs recommendations. n Commissioner O'Neal noted all the lot sizes are the same. He asked the applicant how many 2,200 square foot homes have been approved. Jane Blasingham stated out of the twenty-two lots there were six approved. She stated the average square foot home would be 2,250. Commissioner O'Neal asked the applicant to address Ms. Barth's concerns. Jane Blasingham noted the unfortunate falling of the housing market. She indicated that Centex Homes was hoping to sell out of Rosetta Canyon per plan; however she indicated that was not the case. Chairman Zanelli thanked the applicant for reaching out to the neighborhood by having an Open House in the area. He expressed his concerns with the falling of the housing market but pointed out that the market would return back to normal shortly. It was moved by Commissioner O'Neal, seconded by Commissioner Mendoza to adopt Resolution No. 2008-88, approving Residential Design Review 2006-05, Amendment No. 1 for "Santa Rosa" By Centex Homes at Rosetta Canyon, Tract 25476. n The following vote resulted: AYES: CHAIRMAN ZANELLI n VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Residential Desiqn Review No. 2006-18, Amendment No.1 for "De La Rosa" bv Centex Homes. Vestinq Tract Map No. 32503. Chairman Zanelli opened the Public Hearing at 6:40 p.m. n Planning Consultant Miller provided the Commission with a brief overview of the project. She stated this tract is the same product that was previously discussed. She stated the homes range in sizes from 1,640 to 2,875 square feet. She indicated the project meets all of the L.E.M.C. requirements including maximum density setbacks and designs. She stated staff recommends approval of the project and the applicant is available to answer any questions that the Commission may have. Jane Blasingham, applicant, indicated that she would be available to answer any questions that the Commission may have. Stacy Barth, resident, spoke in opposition of the project. Chairman Zanelli closed the Pubic Hearing at 6:45 p.m. Commissioner Mendoza noted the Commission is voting on the De La Rosa project only. He understands that the public may have concerns with the Augusta area; however the Commission is only discussing the De La Rosa project at this time. Commissioner O'Neal pointed out that no matter how he votes on a particular project; he always takes into consideration the public's comments. It was moved by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-89, recommending to the City Council approval of Residential Design Review No. 2006-18, Amendment No.1. The following vote resulted: n AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL n n n NOES: NONE ABSENT: NONE ABSTAIN: NONE 5. Amendment No.2 to Murdock Alberhill Ranch Specific Plan, and Vestina Tentative Tract Map No. 35773. Chairman Zanelli opened the Public Hearing 6:47 p.m. Planning Consultant Coury provided the Commission with an overview of the Negative Declaration, Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773. He pointed out to the Commission that Condition No. 35 had been modified by the Public Works Director and City Attorney. Chairman Zanelli read modified Condition No. 35 into the record: Condition No. 35: Maximum cul-de-sac length is 660 feet. However, "0" and "P" Street can be lengthen to :!: 870 feet as shown on Vesting Tract Map No. 35773 upon approval of a Fuel Modification Plan by the Fire Department. Project Planner Coury recommended to the Commission approval of the project and indicated the applicant is available to answer any questions that the Commission may have. Tom Tomlinson, applicant, stated he's in agreement with the revised Conditions that were read into the record. He thanked staff for their work on getting this before the Commission. Chairman Zanelli closed the Public Hearing at 6:54 p.m. Commissioner O'Neal wished the applicant good luck with the project. Commissioner Gonzales asked if the applicant signed the acknowledgement to the Conditions of Approval. Chairman Zanelli pointed out that the applicant verbally agreed to the Conditions for the record. Commissioner Gonzales asked the applicant when construction could be. anticipated. Tom Tomlinson stated that the construction time period would be based on the housing market conditions. Commissioner Mendoza spoke of the open space available which he appreciated. n Vice Chairman Flores asked of Conditions Nos. 26 and 27 and why they were not listed. Deputy City Attorney Santana pointed out that Conditions Nos. 26 and 27 were omitted from the Conditions list. She asked Planning Consultant Coury if they would be modified or omitted. Planning Consultant Coury stated he would modify the Conditions to keep the numbering consistent. It was moved by Vice Chairman Flores, seconded by Commissioner Gonzales to adopt Resolution No. 2008-90, recommending to the City Council adoption of Negative Declaration No. 2008-12 for Amendment No.2 to the Alberhill Ranch Specific Plan. The following vote resulted: AYES: n NOES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NONE ABSENT: NONE ABSTAIN: NONE It was moved by Commissioner Mendoza, seconded by Vice Chairman Flores to adopt Resolution No. 2008-91, adopting Findings that Murdock Alberhill Ranch Specific Plan Amendment No.2 and subdivision are exempt for the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: NOES: n CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NONE ABSENT: NONE ABSTAIN: NONE n ,n n It was moved by Commissioner Gonzales, seconded by Commissioner O'Neal to adopt Resolution No. 2008-92, recommending to the City Council approval of Amendment No.2 to the Murdock Alberhill Ranch Specific Plan. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Commissioner O'Neal, seconded by Commissioner Gonzales to adopt Resolution No. 2008-93, recommending City Council approval of Vesting Tentative Tract Map No. 35773. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS 6. General Plan Conformity of the Summary Street vacation for a portion of the riqht-of- way known as 'Wasson Canyon Road". Public Works Director Seumalo proYided the Commission a brief summary of the project. There being no comments from the Commission, Chairman Zanelli requested the reading of the Resolution. It was moved by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-94, recommending that the City Council adopt Findings II II n that the Summary Vacation of Wasson Canyon Road conforms to the City's General Plan Circulation Element. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS Public Works Director Seumalo commented on the following: . He spoke of the traffic control light at Central Avenue and 1-15 Freeway is somewhat bothersome, especially when there isn't any construction work taking place. He noted activity would resume beginning at the end of this week. . He spoke of the new Fire Station at Rosetta Canyon and the delay that has taken place due to the redesigning of the Fire Station. He noted that grading should commence next week. . He wished the candidates running for City Council good luck. Acting Community Development Director Weiner commented on the following: . He noted of the typos in the staff's reports and indicated that staff would work harder on proof reading them prior to the meetings. Planning Consultant Miller commented on the following: . She advised the Commission that Laing Homes is working on removing the weeds at the Summerly project. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . He indicated that the changes at Central Avenue and 1-15 are a noticeable improvement. ~ . He spoke of the ceasing his stipends for serving as a Planning Commissioner. Acting Community Development Director Weiner indicated that the City Manager is II Ii II in discussion with the City Council for further review. Commissioner O'Neal stated that it is not up to the City Council to decide whether Planning Commissioner's should donate their time while serving on the Commission. Commissioner Gonzales commented on the following: . He asked staff if the Lone Star Steak House is open. Acting Community Development Director Weiner stated that the restaurant is scheduled to open on November 13th. Vice-Chairman Flores commented on the following: . He inquired as to the status of the road improvements along Lakeshore Drive and Machado. Public Works Director Seumalo stated that repairs were completed as part of the maintenance program, however construction would be commencing again in February/March for resurfacing the pavement. . He wished Commissioner O'Neal best of luck on the elections. . He spoke of the Costco market on Central Avenue and expressed how well he was treated by Management. Chairman Zanelli commented on the following: . He thanked staff for all their help. ADJOURNMENT It was the consensus of the Commission to adjourn to the November 18, 2008, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Ch,lnn80 z'meU; mee'" 'dio,med ,t 70" p.m.J ( ~., . < OD4f1 . ~M AXEL ZANELLI, . AIR N PLANNING COMMISSION Respectfully Submitted, J~ d.P~) DANA PORCHE OFFICE SPECIALIST 111 ATTEST: ~ ~A~<7 "- TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n II n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 18, 2008 CALL TO ORDER - 6:00 P.M. 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 COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: VICE-CHAIRMAN FLORES PUBLIC COMMENTS None STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Santana, Public Works Director Seumalo, Planning Consultant Miller, Associate Planner Resendiz, Planning Consultant Coury, and Office Specialist Porche. CONSENT CALENDAR PLANNING COMMISSION PULLED CONSENT CALENDAR ITEMS NOS. 1 AND 2. The following items were listed on the Consent Calendar for Planning Commission approval: 1. Minutes for the Followina Plannina Commission Meetina a) November 4, 2008 II Recommendations: Approved as submitted Commissioner O'Neal pulled the Minutes from the November 4, 2008 Planning Commission meeting due to an error in his comments. He indicated that the minutes reflect that he received a letter with regards to his stipends. He requested the minutes reflect that he did not receive a letter. 2. Minor Desiqn Review for the Development of Three (3) Conventionally Built Two (2) StorY Sinqle-Family Dwellinq Units with Attached Two (2) Car Garaqes Located on Arnold Avenue Recommendations: Approved as submitted Commissioner O'Neal stated that he pulled Item No.2 to discuss with staff and the Commission the recommendations of changing the code that states any commercial project of three or more houses must been connected to sewer and not septic. Deputy City Attorney Santana indicated the procedures would require staff to bring the item back to the Planning Commission as a business item to discuss the perimeters of the code. Commissioner Gonzales asked staff how far is this project from a sewer line. n Chairman Zanelli indicated that he believes it is approximately 1,800 feet. Commissioner Mendoza concurred with Commissioner O'Neal's suggestion. Chairman Zanelli suggested having a moratorium on any additional septic systems in the City. Rene Alarcon, applicant for the project introduced himself to staff and the Commission. Commissioner O'Neal noted for the record that the Water District fees for the installation of a water meter is outrageous. He suggested that staff draft a letter to the Water District requesting an explanation of the fees and provide a copy to the Commission for review. It was moved by Commissioner O'Neal, seconded by Commissioner Mendoza to approve the November 4, 2008 Minutes with the noted corrections and adopt Resolution Number 2008-95, approving a Minor Design Review of three (3) conventionally built two (2) story Single-Family Dwelling units with attached two (2) car garages located on Arnold Avenue. n n n n The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: VICE-CHAIRMAN FLORES ABSTAIN: NONE pUBLIC HEARINGS 3. Conditional Use Permit No. 2008-17 and a Minor Desion Review "Roval Street Communications Cellular Tower Facilitv" Chairman Zanelli opened the Public Hearing at 6:11 p.m. Project Planner Coury provided the Commission with the reading of the Staff Report. He indicated the cell tower would be located off Baker Street. He stated the applicant is purposing to plant six (6) live Eucalyptus trees that would surround the facility in order to help screen the project. He noted the applicant is objecting to Condition # 9 that requires stealthing the cell tower and stated the applicant submitted a letter of objection dated November 14th, 2008. He stated staff recommends approval of the project based on the Findings and is subject to the Conditions of Approval. He stated the applicant is available to answer any questions the Commission may have. John Beke, applicant stated their business revolves around co-location on existing structures whenever possible. He indicated this structure is part of the expansion in the City's coverage area. He indicated their proposal is to attach three (3) small antennas to an existing pole on a parcel that is industrially zoned. He stated the City does not have a wireless ordinance that regulates the treatment of applications. He stated he agrees to the Conditions of Approval with the exception of Conditions #9 which requires stealthing of the cell tower. He stated he feels that having a cell tower stealthed would actually make the cell tower more noticeable than what is proposed. He further stated that he would agree to remove the microwave dish from the proposal. Commissioner O'Neal asked staff to clarify the purpose of having a cell tower constructed as stealth. Project Planner Coury stated having the cell tower stealthed would upgrade the use of the facility. He stated it has been staffs position to require cell towers being stealthed in design. Chairman Zanelli closed the Public Hearing at 6:23 p.m. II Commissioner O'Neal asked the applicant how much it would cost to stealth the cell tower. John Beke stated, if he had to erect the pole, it would cost approximately $180,000. Commissioner Gonzales indicated that in the area of the proposed cell tower they are planning to build condominiums. He stated, since there is currently no ordinance, he would not agree to have the cell tower stealthed. Commissioner Mendoza stated that he is aware that the City does not have a wireless ordinance, however pointed out that this project is a Conditional Use Permit which goes with the land. He pointed out that the recent cell towers that have been approved have been stealthed and therefore agreed with staff's recommendations. Chairman Zanelli requested staff to explain why the City does not have a cell tower ordinance, but does require the cell towers to be stealthed. Acting Community Development Director Weiner stated the request is to intensify the use, and make the cell tower blend in with the existing surrounding areas. n Chairman Zanelli requested staff to advise the Commission on the development plans for that area. Acting Community Development Director Weiner stated the area is zoned light industrial and limited infrastructure. It was moved by Commissioner O'Neal, and seconded by Commissioner Mendoza to adopt Resolution Number 2008-96, approving Conditional Use Permit No. 2008- H. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER O'NEAL COMMISSIONER MENDOZA NOES: COMMISSIONER GONZALES ABSENT: VICE-CHAIRMAN FLORES ABSTAIN: NONE n It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to adopt Resolution Number 2008-97, approving a Minor Design Review for the design and construction of a co-located wireless antenna tower facility. L n The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER O'NEAL COMMISSIONER MENDOZA NOES: COMMISSIONER GONZALES ABSENT: VICE-CHAIRMAN FLORES ABSTAIN: NONE 4. Neqative Declaration No. 2008-13 and Tentative Tract Map No. 32013 for Finance and Convevance Purposes. Chairman Zanelli opened the Public Hearing at 6:31 p.m. n Project Planner Miller provided the Commissioner a brief overview of the project. She noted that development would not be allowed until the applicant submits a subsequent Tentative Tract Map, all design review requirements and the environmental clearances. She stated that since the map shall only be used for financial purposes, staff recommends approval of the project. She stated the applicant is available to answer any questions the Commission may have. Bob Krause, applicant stated they are anxious to move forward with the development, and stated this would help put together a great project that could be approved by staff and the Commission. Chairman Zanelli closed the Public Hearing at 6:35 p.m. It was moved by Commissioner Mendoza, and seconded by Commissioner Gonzales to adopt Resolution Number 2008-98, recommending to the City Council adoption of Negative Declaration No. 2008-13. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE n ABSENT: VICE-CHAIRMAN FLORES ABSTAIN: NONE n n i i In It was moved by Commissioner Gonzales, and seconded by Commissioner O'Neal to adopt Resolution Number 2008-99, recommending to the City Council approval of Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: VICE-CHAIRMAN FLORES ABSTAIN: NONE BUSINESS ITEMS None STAFF COMMENTS Public Works Director Seumalo commented on the following: . He provided the Commission with the Capital updates. . He indicated that staff is searching for a Design Engineer to assist with the Diamond Drive and Riverside Drive paving projects. Acting Community Development Director Weiner commented on the following: . He spoke of the Downtown Master Plan and indicated that there would be a Public Work Shop to be held on December 6th. at the City's Cultural Center at 9:00 a.m. . He spoke of the Winter Festival to be held on December 5th on Main Street from 5:00 to 9:00 p.m. . He indicated that the Lone Star Steak House is now open for business and is doing very well. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . He requested information regarding the Planning Commissions stipends. Acting Community Development Director Weiner stated that stipends are up to the individual whether they would like to volunteer their time or not. n II n Commissioner Gonzales commented on the following: . He asked if the City has lost population due to the increase of foreclosures. Acting Community Development Director Weiner stated that currently the State Department of Finance shows the City's population is fewer than 50,000. . He introduced his former foreign exchange student from Russia who attended Temescal High School and lived with his family during that time. He indicated she now lives in Alaska and works for a State Trooper. He stated she was recently nominated by Governor Palin as one of the top employees for the State of Alaska. Commissioner Mendoza commented on the following: . He inquired about the Draft Wireless Ordinance. Acting Community Development Director Weiner indicated that the Wireless Ordinance is in the works. . He inquired if the City has a Medical Marijuana Ordinance. Acting Community Development Director Weiner stated the City shall not violate any federal laws related to medical marijuana use. Chairman Zanelli commented on the following: . He requested clarification from Deputy City Attorney Santana on why the Wireless Ordinance has been held up. Deputy City Attorney Santana stated in the beginning of 2008 the gth Circuit Court of Appeals rendered a decision in Sprint vs. the County of San Diego that curtailed the locale jurisdictions discretion that they could exercise when considering telecommunications facilities. She stated that at that time the gth Circuit invalidated the County of San Diego's Ordinance. She indicated the City of Lake Elsinore's Attorneys has recommended that the City should not move forward with the ordinance until the Certification was granted by the US Supreme Court to consider the issue or until such time that the glli Circuit reconsidered its opinion. She stated last month the glh Circuit issued an opinion and they reversed themselves. She stated that the City can now move forward with an ordinance and hopes to have it within the near future. . He spoke of the success of the Lone Star Steak House and thanked staff for the excellent planning of the parking lot. ADJOURNMENT It was the consensus of the Commission to adjourn to the December 2, 2008, 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 6:50 p.m. ! II I II n ~~h" AXEL N L1, HAIRMAN . PLANNING COMMISSION Respectfully Submitted, J~ ('. P(()A'hJ DANA PORCHE OFFICE SPECIALIST III ATTEST: ---t;: ~ TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT ~I n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, DECEMBER 2,2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS Hector Zubieta approached the Commission and apologized for a prior statement made at a meeting. The Commissioners thanked Mr. Zubieta for speaking before the Commission. STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Winterswyk, Public Works Director Seumalo, Planning Consultant Coury, Associate Planner Carlson, Associate Planner Resendiz, and Office Specialist Porche. CONSENT CALENDAR PLANNING COMMISSION ACTED ON CONSENT CALENDAR NOS. 1 AND 2 SEPARATELY. 1. Minor Desian Review of a Sinale-Familv Residence located at 16897 Gunnerson Street. Chairman Zanelli requested the applicant to approach the podium. n Hector Zubieta, representing the applicant stated he received an email from Associate Planner Resendiz requesting the installation of the fire hydrant and upgrading the signature stamp for the Engineers grading plans. Acting Community Development Director Weiner spoke of a Will Serve letter mentioned in Condition No. 35. He stated that an additional sentence should be added to read: Condition No. 35: In addition, any required fire hydrant shall be installed and fully functional prior to the issuance of building permits. Acting Community Development Director Weiner spoke of Condition No. 37 would be modified to read: Condition No. 37: Prior to building permit issuance the applicant shall provide proof that proper percolating exists on the property. Hector Zubieta stated he agrees with the modified Conditions of Approval. Chairman Zanelli stated that staff would provide a hard copy for his signature as soon as possible. n It was moved by Commissioner Mendoza, and seconded by Commissioner Gonzales to adopt Resolution No. 2008-100, approving a Minor Design Review of a Single-Family Residence located at 16897 Gunnerson with the amendments to the Conditions of Approval. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 2. Uniform Sian Proaram No. 2008-04 "Lake Elsinore Storm" Freewav Sian n Chairman Zanelli requested the applicant to approach the podium. Larry Quill, applicant for the project introduced himself to the Commission. Commissioner O'Neal indicated the purpose for pulling this item was due to the height of the sign and it should have been listed under Business Items. n Associate Planner Carlson provided the staff report to the Commission. He indicated the applicant is proposing a 100 foot freeway pylon sign. He noted it is 10 to 15 feet higher than other existing freeway signs. He indicated that staff has some modifications to the existing Conditions of Approval which he read into the record as follows: Condition No. 31: The applicant shall add a rectangular spanner between the pylons and beneath the "Home Game" sign that will incorporate City Logo #1, full City Logo without the "Dream Extreme" slogan, identified on page 36 of the July 2008 City identity Standards Guide. Condition No. 32: strike out Condition No. 36: The decorative pylon base shall use either a brick treatment or other acceptable feature, acceptable to the Director of Community Development. Condition No. 37: The sign shall incorporate identification of the Lake Elsinore Auto Mall. The final design shall be reviewed and approved by the Director of Community Development or his or her designee. n Commissioner O'Neal stated the sign is twenty (20) feet too tall. He suggested removing the portion of the sign that has the City's Logo. Larry Quill stated the size of the sign was based upon numerous flag tests. He indicated that the sign would sit low into the ground. He further noted the freeway elevation requires an increase of height to the sign. Commissioner Gonzales concurred with Commission O'Neal's suggestion of lowering the sign. Commissioner Mendoza indicated that the sign could be lowered by removing the bottom portion of the sign. He suggested lowering the sign no more than seven feet. Vice-Chairman Flores indicated he likes the sign as it is. Commissioner O'Neal asked staff their thoughts on the height issue. Acting Community Development Director Weiner stated, when the sign plans were first observed, it did create some concern. He stated eliminating the bottom part is a good compromise. n Dave Oster, President of the Storm Stadium indicated he would like to work with the City. He indicated that as part of the agreement, the City would receive a percentage of time for the advertising of community events. He suggested taking a look at the other signs, and see what a workable height would be. Vice-Chairman Flores asked staff what the City Standards are regarding the general height for a freeway sign. n n II Acting Community Development Director Weiner indicated for free standing signs, the maximum is 25 to 35 feet. He stated that when an application for a sign exceeds that, it must be brought to the Commission's attention for formal approval. He noted that it is important to consider what the grade is from the freeway as well as the overall height. Commissioner Gonzales suggested continuing the item for two weeks to allow for the applicant to look at the other signs in order to get a better idea. Chairman Zanelli suggested eliminating the lower portion of the sign, and have the signature "E" for the wording Elsinore which would lower the sign by seven feet. It was moved by Commissioner O'Neal, and seconded by Commissioner Gonzales to adopt Resolution No. 2008-101 approving Uniform Sign Program No. 2008-04 with the recommendations from staff. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS 3. Conditional Use Permit No. 2008-14 and a Minor Desion Review - Verizon Wireless Monopine Cellular Tower Facilitv Chairman Zanelli opened the Public Hearing at 6:35 p.m. Planning Consultant Coury provided a brief presentation for the Commission. Eric Meurs, applicant introduced himself to the Commission. There being no comments, Chairman Zanelli closed the Public Hearing at 6:40 p.m. Chairman Zanelli stated he appreciated the stealthing of the tower. It was moved by Commissioner O'Neal, seconded by Commissioner Mendoza to adopt Resolution Number 2008-102, approving Conditional Use Permit No. 2008-14. n n n The following vote resulted: AYES: CHAIRMAN ZANELLI VICE CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Commissioner Gonzales, and seconded by Commissioner O'Neal to adopt Resolution No. 2008-103, approving a Minor Design Review for the design and construction of a Verizon Monopine wireless antenna tower facility. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Conditional Use Permit No. 2008-26 to install and operate a septaqe recelVlnq treatment svstem at the existinq Riqhtwav portables business located at 653 Minthorn Street. Chairman Zanelli opened the Public Hearing at 6:42 p.m. Associate Planner Carlson provided an overview of the project. Sam (Robert) Harding, applicant stated he has been working on this project for three years and was Jooking to provide the service and better water quality to the district. Gary Washburn, representing the applicant thanked the Commission for working with the applicant on the CUP. He stated the receiving station is more economical and the technology is very high tech. He requested Condition No. 17 be modified. n Public Works Director Seumalo noted that in the discussion, it was determined that the easement would follow the final alignment of the pipes. Don Roberson, Roberson Water Consulting at 26461 Via Marina, Mission Viejo indicated that there have been a few delays, but stated they are getting very close. He stated the Water District has been very cooperative by allowing them to move the manhole northerly on Minthorn. Chairman Zanelli closed the Public Hearing at 6:50 p.m. Commissioner O'Neal stated he likes the fact that the project is fully automated. Commissioner Mendoza stated that it is a great project. He asked if there is a regulation on the distance from the manhole cover to the original location. Don Roberson stated that it is determined by the physical length of the run. Vice-Chairman Flores asked if the City is required by the Department of State to have a certified operator. Don Roberson responded by stating that there are no discharge requirements or operator requirements for this equipment. n Commissioner Gonzales asked when the project would be completed. Don Roberson indicated that once the order has been placed, it would take approximately two to six months from the time the order was placed. Chairman Zanelli expressed his feelings that this is a great project as it would decrease the company's traffic. He suggested that if there are more projects along Minthorn to coordinate them in order to save money. It was moved by Commissioner Gonzales, and seconded by Commissioner Mendoza to adopt Resolution No. 2008-104, adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL Ii NOES: NONE ABSENT: NONE ABSTAIN: NONE n It was moved by Commissioner O'Neal, and seconded by Commissioner Gonzales to adopt Resolution No. 2008-105, approving Conditional Use Permit No. 2008-26. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS None II STAFF COMMENTS Public Works Director Seumalo commented on the following: · He spoke of the Dexter and Lakeshore Drive projects between Illinois and Stater Bros driveway. · He stated that the City is looking for funding and trying to get projects shelf ready in anticipation of any kind of economic stimulus for infrastructure. Acting Community Development Director Weiner commented on the following: . He spoke of cancelling the December 16th Planning Commission due to the lack of items. Commissioner O'Neal suggested having the septic issue agenized for that date. Chairman Zanelli suggested adding the propane fuel issue to the agenda. Acting Community Development Director Weiner agreed. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . No comments. r Commissioner Gonzales commented on the following: . He spoke of the Downtown Master Plan meeting on Saturday at the Cultural Center at 8:30 a.m. n r r Commissioner Mendoza commented on the following: . He agreed to discuss the septic issues on the 16th of December. Vice-Chairman Flores commented on the following: . No comments. Chairman Zanelli commented on the following: . No comments. ADJOURNMENT It was the consensus of the Commission to adjourn to the December 16, 2008, 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 7:10 pro c::As -tAt' AXEL N I, CHAIRMAN PLANNING COMMISSION Respectfully Submitted, J f1<<JL C goA1l A! DANA PORCH OFFICE SPECIALIST III ATTEST: ~~:l. TOMWEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, DECEMBER 16, 2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Flores 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, Senior Planner Harris, Planning Consultant Coury, Associate Planner Carlson, and Office Specialist Porche. PUBLIC COMMENTS None PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.1. EXCULSIVE OF CONSENT CALENDAR ITEM NO.2 WHICH WAS PULLED FOR DISCUSSION n 1. Minutes of the Reaular Plannina Commission Meetina from November 6. 2007. Recommendation: Approve as submitted. Page 1 of 11 n It was moved by Commissioner Gonzales, and seconded by Commissioner O'Neal approving the November 6, 2007 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 2. Modification of Conditions of Approval in Association with Two (2) Minor DesiQn Review Approvals for the Development of Two (2) Conventionally Built Single-Family Dwellino Units Located at 4073 & 4019 Crestview Drive. n Senior Planner Harris provided a brief presentation outlining the timeline of the project. He stated that the applicant is requesting to amend the conditions of approval which were approved by the Planning Commission on January 2,2007. He indicated that the applicant had agreed to comply with providing a sewer line which originally cost $86,426. He stated in early 2008, EVMWD indicated an additional sewer line replacement and extension were necessary, resulting in an increase of funds. He stated that a representative of EVMWD would attend the meeting to explain the districts position on the matter. He further stated that a letter was received from EVMWD dated December 16, 2008 which was submitted for the record. Tony Polo, applicant, stated that EVMWD requested a modified plan for sewer which would make the project very expensive to replace an existing sewer line. He stated that he would be available to answer any questions that the Commission may haye. Commissioner O'Neal expressed his concerns on the timing. He asked why the water district couldn't complete the improvements. n Commissioner Gonzales concurred with Commissioner O'Neal's concerns. He indicated that he did not think it is fair for the applicant to pay for the replacement line. He asked if the soil percolates. Acting Community Development Director Weiner stated "Yes." Commissioner Mendoza stated that he does not feel that the applicant should be responsible for the additional fees. Page 2 of 11 n Vice-Chairman Flores asked what date the applicant found out that the sewer lines were too shallow. , Senior Planner Harris indicated that it was sometime in Iylay. , , Vice-Chairman Flores stated that it is difficult for him tp understand why it took so long. Greg Kowalski, representative of EVMWD, indicat~d that he provided to the Commission a letter stating the facts and the district's' position on the matter. He stated he would be available to answer any questions that the Commission may have. Commissioner Gonzales asked if all of the other houses along that street are on septic or sewer. : , Greg Kowalski stated that some are on septic and there are no current plans to have them put on sewer. . n , I Ron Young, General Manager spoke of the adjustments that would be necessary in order to complete the relocation of the water lines and p:rovide sewer to the houses. , Commissioner Mendoza asked who provided the initial ~stimate. , i Ron Young stated that the initial estimate came from th:e developer. Vice-Chairman Flores asked if the applicant's plans were approved by the water district during the time of construction. Greg Kowalski indicated that the water district had hot approved the plans and discussed alternatives to reach the best solution. , Vice-Chairman Flores asked staff as to when the City applies the conditions for , water & sewer. ; n , Acting Community Development Director Weiner stated that the conditions of approval indicated that the connection needs to be completed prior to the certificate of occupancy. ' Acting Community Development Director Weiner indicated that the information that has been received from the water district is reliable and the City has a good working relationship with their staff. He stated that City staff goes off the information that they receive from the water district in terms of the sewer. He indicated that the map was generated by the applicant. He stated that based on the information that staff has, the applicant meets the guidelines of having to connect to sewer. , Commissioner O'Neal asked what the fees for septic systems versus sewer were. l. Page 3 of 11 II Tony Polo stated it cost approximately $20,000 per lot for septic, versus $230,000 :!: for the sewer installation. I Dale Neil, owner, provided to the Commission a timelil')e of the process. He stated that he does not feel that it is fair to hook up to the sewer due to the cost. He would appreciate it if he would be allowed to go back to the s~ptic system as it falls within the code. I I Chairman Zanelli asked where the original engineering drawings came from. Dale Neil stated that they came from EVMWD. Commissioner Gonzales asked if there are any problems with the existing septic systems in the area. : Acting Community Development Director Weiner stated that based on Code Enforcement information; there have not been any septic failures on Crestview Drive. I Chairman Zanelli provided a suggestion to the applicant of having their sewage pumped up to the sewer line. n Dale Neil indicated that he has been working with the water district for sometime, and that the suggestion was not feasible. Chairman Zanelli stated that these types of issues I have been brought to the Planning Commission's attention for many years; hoy.rever, he indicated that the procedures were going to be discussed for potential modifications. He stated that he hopes all single-family homes (individual) be required: to hook up to a sewer line, prior to certificate of occupancy. He stated that as much as he emphasizes with the applicant he could not support a modification to the COhditions of Approval. It was moved by Commissioner Gonzales, and seconded by Commissioner O'Neal approving the modifications of the Conditions of approval in Association with two (2) Minor Design Review Approvals for the development of two (2) Conventionally Built Single-Family Dwelling Units located at 4073 & 4019 C~estview Drive. I The following vote resulted: AYES: COMMISSIONER GONZALES' COMMISSIONER MENDOZA COMMISSIONER O'NEAL n CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES ABSENT: NONE NOES: Page 4 of 11 n n n ABSTAIN: NONE PUBLIC HEARINGS. 3. Conditional Use Permit No. 2008-20 and a Minor Desian Review - "Roval Street Communications" Co-Located Wireless Monopine Cellular Tower Facilitv. Chairman Zanelli opened the Public Hearing at 7:13 p.m. Planning Consultant Coury provided a brief presentation to the Commission. He explained to the Commission that the lack of landscaping is because there isn't any water available to service the site. Monica (last name did not record), applicant for the project stated that she agreed to the Conditions of Approval and would be available to answer any questions that the Commission may have. There being no further comments, Chairman Zanelli closed the Public Hearing at 7:15 p.m. Vice-Chairman Flores asked about any potential fire danger. The applicant indicated that prior to construction; the County Fire Department reviews the plans for any potential risks. There being no further comments, Chairman Zanelli requested a motion. It was moved by Commissioner Mendoza, and seconded by Commissioner O'Neal to adopt Resolution Number 2008-101 b, approving Conditional Use Permit No. 2008-20. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Appeal of the Communitv Development Director's Determination reaardina a Proposed 3.652 Sauare-foot Storaae Buildina to be located in the Rear-yard of the existina Sinale-Family Residence at 32166 Machado Street. Page 5 of 11 t_ ______ II Chairman Zanelli opened the Public Hearing at 7:22 p.m. Acting Community Development Director Weiner provided a brief timeline of the project. He indicated that the applicant is appealing the determination made by the Community Development Director on August 21,2007. He stated the decision for denial was based on Municipal Code, Chapter 17.23.04 (B) (3) and the issues regarding the compatibility of architecture. Bob Rice, appellant of the project introduced himself to the Commission. He indicated that the storage building would match the color and design of the main house. He provided to the Commission a signed statement from his surrounding neighbors stating that they would not object to the structure. Commissioner Gonzales asked how large the door to the storage building is. Bob Rice replied, the door is 10 feet high by 12 feet wide. Chairman Zanelli stated that the issues are not with the size of the building as it meets all of the city's requirements and setbacks. He stated the concerns are regarding the consistency between the main house and the storage building. n The appellant showed the Commission the color of the proposed building and provide a sample of the material used to construct the building. He indicated that the metal panels would be painted the same color as the main house. Commissioner O'Neal asked how much of the structure would be visible from the right-of-way. The appellant replied that the structure is not visible from the street. Commissioner Mendoza stated that he agrees with the appellant and supports the project. Vice-Chairman Flores concurs with Commissioner Mendoza. Patricia Rice, mother of the appellant stated she supports her son's decision. Chairman Zanelli indicated that in lieu of the fact that the appellant is willing to paint the storage building the same color of the main house, he support's the appellant's project. n It was moved by Vice-Chairman Flores and seconded by Commissioner Mendoza finding that the proposed 3,652 square-foot storage building is compatible with the character of the existing surrounding residential neighborhood and is harmonious with the architectural style of the main building. I I I Page 6 of 11 , _._._._--_._-_.__.__.~_._----------~.- -- ------------ n n ABSTAIN: NONE BUSINESS ITEMS 5. Resolution Makino Report and Recommendations Concernino the Proposed Amended and Restated Redevelopment Plans for Laouna Redevelopment Proiect Areas No. 1.11. and III. Deputy City Attorney Winterswyk provided a report to the Planning Commission requesting the Planning Commission review the redevelopment plan/amendment for consistency with the General Plan and make a report and recommendation to the City Council. She stated the Planning Commission may also make a recommendation for or against adoption of the redevelopment plan/amendment. Commissioner Mendoza asked if there is a limit on the tax roll-over amount and how many times it could be rolled over. Deputy City Attorney Winterswyk replied that there is a cap on roll-overs and the funds would eventually have to be spent and would not be able to roll over indefinitely. It was moved by Commissioner O'Neal and seconded by Commissioner Mendoza to adopt Resolution No. 2008-106A, making its report and recommendation concerning the proposed amended and restated redevelopment plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II and III. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE Page 7 of 11 !~ I in I ABSENT: NONE ABSTAIN: NONE 6. Discussion Reaardina Septic Tank/Sewer Hook-up Reaulations. Commissioner O'Neal stated the purpose of the discussion is to discuss potential revisions to the Lake Elsinore Municipal Code regarding sewer hook-ups. He indicated that he would like to modify the code that allows septic tanks for commercial projects. Chairman Zanelli asked the Deputy City Attorney Winterswyk if the Planning Commission could modify the code that would allow an individual as opposed to a developer of two houses or more. Deputy City Attorney Winterswyk replied, the Planning Commission would need to determine whether or not there are necessary findings to deviate from the Uniform Code. Commissioner O'Neal asked if septic systems have any effect on the lake. n Deputy City Attorney Winterswyk replied that the main concern would be run-off particularly upstream. She stated, contamination is a possibility although the City has not had any reports and the lake is regularly tested. Commissioner O'Neal spoke of a study provided by the water district which was presented to the Planning Commission approximately one year ago and indicated that possibly some of the information could be used. Deputy City Attorney Winterswyk asked the Water District if any of the local wells were tested in the study that was prepared for the City. Ron Young, General Manager with EVMWD stated that a consulting firm conducted the study and indicated that the entire Lake Elsinore basin was researched for water quality in wells which found that nitrates had increased. Chairman Zanelli asked when the plan would be completed. Ron Young replied that it should be completed in six months. Commissioner Mendoza concurred with Commissioner O'Neal's comments and suggested to add "prior to building permit", to the Conditions of Approval. n Commissioner O'Neal suggests adding "district to district." Deputy City Attorney Winterswyk suggested drafting the Zoning Ordinance in the event the septic tank prohibition was going to apply to some areas of the City, and not others. Page 8 of 11 n n n Acting Community Development Director Weiner suggested that should a text amendment be proposed, an outreach meeting be organized for the public. He noted that staff would prepare a report regarding gas lines and propane tanks in the near future. Chairman Zanelli asked if there was a parallel distance requirement on gas lines. Public Works Director Seumalol replied that the gas company was contacted, and found no standards. Chairman Zanelli requested Public Works Director Seumalo to obtain a copy of an overlay map on the current gas company distribution lines. Acting Community Development Director Weiner suggested changing the application for design review that would state, "Upon submittal of a Minor Design Review an approved set of sewer plans must be submitted." He also suggested adding a Condition of Approval that would state, "Sewer connections must be completed prior to the first foundation inspection." He stated that these could be implemented without any code changes. Vice-Chairman Flores asked iffire hydrants could be included. Acting Community Development Director Weiner responded, 'We could include any required fire hydrants." Chairman Zanelli pointed out that the Building Department needs to be informed of any changes in order to prevent any future issues. Acting Community Development Director Weiner stated that he would make sure that the Building Department is informed of any changes made. STAFF COMMENTS Public Works Director Seumalo commented on the following: . He wished everyone happy holidays. Acting Community Development Director Weiner commented on the following: . He thanked those who attended the Downtown Master Plan Workshop. . He thanked the EVMWD for attending the Planning Commission Meeting. PLANNING COMMISSIONER'S COMMENTS Page 9 of 11 II Commissioner O'Neal commented on the following: . He thanked Mr. Young for attending the meeting as the information he provided was very informative. . He wished everyone happy holidays. Commissioner Gonzales commented on the following: . He thanked everyone for a successful year. . He thanked EVMWD for providing helpful information to the Commission and Staff. . He wished everyone happy holidays. Commissioner Mendoza commented on the following: . He thanked EVMWD for coming to the meeting. He stated that it is refreshing to have a representative provide valuable information. . He thanked staff for all their hard work. Vice-Chairman Flores commented on the following: n · He wished everyone Merry Christmas and Happy New Year. Chairman Zanelli commented on the following: . He thanked everyone for coming to the Planning Commission Meetings. . He thanked Public Works Director Seumalo for all his hard work through-out the year aswell as the City Staff. ADJOURNMENT It was the consensus of the Commission to adjourn to the January 6, 2009, regular Planning Commission Meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Zanelli meeting adjourned at 8:30 p.~ V,A~t/)/ AXEL ZANRLI, CHAIRMAN PLANNING COMMISSION n Respectfully Submitted, Page 10 of 11 II JOM~ ~ ~A DANA PORCHE OFFICE SPECIALIST III ATTEST: ~ l0. ~CL TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n n Page 11 of 11