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HomeMy WebLinkAbout09-01-2009 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, SEPTEMBER 1, 2009 CALL TO ORDER Chairman Flores called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI ABSENT: NONE STAFF PRESENT Also present were: Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Planning Consultant Donahoe, and Office Specialist Porche. PUBLIC COMMENTS None CONSENT CALENDAR ITEM(S) 1. Minutes for the following Planning Commission Meeting(s) a. August 18, 2009 Recommendation: approval 2. Minor Design Review for the Consideration of a Private Septic System at a Propert y located at 420 Lookout Street Planning Commission Meeting September 1, 2009 Page 2 of 8 Recommendations: a. Approve the property owners request to utilize a private septic system, or b. Deny the property owners request and require that the property be connected to the public sewer system. Item No. 2 was pulled from the Consent Calendar by Commissioner O'Neal for further discussion. A motion was made by Commissioner O'Neal and seconded by Vice Chair Gonzales approving the Consent Calendar with the exception of Item No. 2 as recommended. The following vote resulted: AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE 2. Minor Design Review for the Consideration of a Private Septic System at a Property located at 420 Lookout Street Recommendations: a. Approve the property owners request to utilize a private septic system, or b. Deny the property owners request and require that the property be connected to the public sewer system. Associate Planner Resendiz provided an overview of the project to the Commission. Alexander Palomares, representing the applicant thanked the City of Lake Elsinore for showing compassion and concerns. He stated his parents purchased the home for the purpose of retirement. He indicated when they originally purchased the home they were told the outstanding fees for sewer connections would be in the range of $7,900 and was told by the Water District that the fees quoted were correct. Consequently the fees would be $52,000 for sewer connection. He stated the Water District did not have the correct calculations and the sewage system would not be Planning Commission Meeting September 1, 2009 Page 3 of 8 able to drain effectively to the sewage point of the property. He stated that $52,000 would cause hardship to his parents and they would have to sell their house. Jessie Palomares, representing the owners of the project stated it would be very difficult for his parents to come up with $52,000. He indicated they had an engineer assess the property and determined it would be impossible to tie into the sewage lines and they would need a sewer pump station. Chairman Flores requested comments from the Commission. Commissioner O'Neal stated these are difficult issues for the Commission to deal with. He asked the applicant if Charles F. Goria is an attorney representing the homeowners. It was clarified that Charles F. Goria represented the prior owner of the property. Commissioner O'Neal asked Mr. Palomares what would happen if the Commission enforced sewer connection. Alexander Palomares replied by saying they would have to sell the house as it would be a financial strain to his parents. He noted there is a current septic system on the premises which the County of Riverside issued a permit. However, the City of Lake Elsinore never received any plans nor approved the septic system. Commissioner O'Neal explained to the Commission that he does not want to see another vacant house and indicated he would approve septic for the house. Commissioner Mendoza asked staff if it is normal for the houses in this area to have a pump station. Acting Community Development Director Weiner stated it is not typical for a single- family infill home to incur the cost of a pump station. Commissioner Mendoza concurred with Commissioner O'Neal's decision. Vice-Chair Gonzales stated he has many issues with this project. He noted the problems that have occurred with this project have not been the homeowner's problem and stated he is in favor of approving the septic tank. Commissioner Zanelli asked the homeowners if they have considered obtaining legal counsel. Alexander Palomares replied by saying his parents are retired and do not have the financial funds to go through legal counsel. Commissioner Zanelli agreed with the Commission on approving the septic system. He asked staff if the Commission should require the owners to tap into the sewer, would the homeowners be entitled to a reimbursement for the street frontage. Planning Commission Meeting September 1, 2009 Page 4 of 8 Public Works Director/City Engineer Seumalo replied by saying it all falls under the jurisdiction of EVMWD. He noted a few pitfalls with the agreement. He stated there is a ten year life and if there isn't any development to the adjacent properties then there wouldn't be a reimbursement. Commissioner O'Neal requested the owner of the project to approach the podium. The owner spoke in Spanish which was translated by staff, Maria Sebastiana Palomares owner of the property indicated she wants to retire in the community and be able to live in her new house until the day she dies. She asked the Commission to allow her to occupy the house which she purchased with her life savings. Vice-Chair Gonzales indicated that her house needs work however the house is lovely. Chairman Flores requested clarification on the original developer. Acting Community Development Director Weiner replied by saying the original developer was Rocky Welch. Chairman Flores asked if Mr. Welch was informed that it would be necessary for sewer connection. Acting Community Development Director Weiner replied by saying Mr. Welch was informed that sewer connection should have been installed prior to occupancy. He noted Mr. Welch on numerous occasions came to the City Hall requesting information on ways to avoid installing a pump station. He stated shortly after that the house went into foreclosure. Chairman Flores asked which developer installed the septic system. Acting Community Development Director Weiner was not aware of who installed the septic system. Chairman Flores stated that he does not want to see anymore empty houses. He expressed the statements that were made by the Palomares family supports his reason to approve the septic system. A motion was made by Commissioner Zanelli and seconded by Commissioner Mendoza approving the balance of the Consent Calendar; Item No. 2, Minor Design Review for the Consideration of a Private Septic System at a Property located at 420 Lookout Street Planning Commission Meeting September 1, 2009 Page 5 of 8 The following vote resulted: AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman Flores asked staff how much longer the Palomares family would have to wait before they could occupy their home. Acting Community Development Director Weiner replied by saying the building permits have already been established and that inspections could be completed within 24 hours. BUSINESS ITEM(S) 3. Appointment of 2010 U.S. Census Complete Count Committee Chairman Chairman Flores requested an overview of the Appointment of 2010 U.S. Census Complete Count Committee. Acting Community Development Director Weiner provided a brief explanation of what the U.S. Constitution requires. He indicated the first census was conducted in 1790 and has been carried out every ten years since then. The City is looking for a Committee Chairman to serve from September 2009 thru October 2010 and attend bi-monthly meetings or as deemed necessary. Chairman Flores nominated Vice-Chair Gonzales for the Committee Chairman. Commissioner Mendoza seconded the nomination for Vice-Chair Gonzales to act as the Committee Chairman. Vice-Chair Gonzales accepted the nomination and was voted unanimously as Committee Chairman for the 2010 U.S. Census Complete Count Committee. STAFF COMMENTS Planning Commission Meeting September 1, 2009 Page 6 of 8 Public Works Director/City Engineer Seumalo commented on the following: He indicated the 1-15/74 Hwy is complete. He stated that the Chevron and Arco Gas Stations will have a retaining wall. He spoke of the grant fund for sidewalks, curbs and gutters, and a new bathroom at Machado Park and the Diamond Drive overlay. Acting Community Development Director Weiner commented on the following: He spoke of the new product submitted by Pardee Homes which should be presented to the Commission at the next meeting. He advised the Commission the status of the Laing Home situation and how Bank of America is working with their consultants and the Public Works Director regarding the change of ownership. He advised the Commission that the City's Park and Recreation Director is retiring and some of the duties will be disbursed to the Engineering and Planning Division. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: He asked staff to comment on the campground. Public Works Director/City Engineer Seumalo stated he has been working with the Director of Lake & Aquatic Resources Department and stated he is processing the environmental process by importing dirt in order to improve the ramp area. Vice-Chairman Gonzales commented on the following: He complimented Public Works Director/City Engineer Seumalo on the great work on the recent City projects. He stated while watching the news, he saw news coverage of the MARS plane that is currently docked in the City's lake, and how it is being used to help with the fires in LA County. Commissioner Mendoza commented on the following: • He praised City Council for having Laing Homes develop the golf course at Summerly Links prior to the development of the homes. • He spoke highly of the Storm Stadium and the recent events that have taken place which helps bring revenue to the City. • He requested information from staff regarding the medical marijuana dispensaries coming into the City. Acting Community Development Director Weiner replied by saying the one dispensary that came into town was actually outside of the city limits. He stated the City's Ordinance states that we have to abide by State and Federal laws. • He requested information regarding the Motocross. Acting Community Development Director Weiner replied by saying the Motocross project is tentatively scheduled to Planning Commission Meeting September 1, 2009 Page 7 of 8 come before the Commission in October. He stated there are some outstanding fees which the applicant needs to pay regarding their environmental study. Commissioner O'Neal commented on the following: He thanked the Public Works Director/City Engineer Seumalo for the road improvements at Central and Highway 74. He requested staff to address the use of gray water. Acting Community Development Director Weiner stated there are NPDES guidelines that need to be followed and stated he would follow up with WRCOG. Commissioner Zanelli commented on the following: He thanked Public Works Director/City Engineer Seumalo for his excellent work on the 1-15 project. He addressed his concerns with the resent septic issues and the lack of coordination between the County and City of Lake Elsinore. He suggested possibly having the Mayor address the concerns through a letter to the County Supervisor. Acting Community Development Director Weiner responded by saying the Building and Safety Manager had addressed the issue a few years ago. He suggested constructing a letter to the Environmental Health Department hoping that they would understand the problems that are created when permits are issued. He suggested that the Acting Community Development Director Weiner address any fraudulent activity with the City's legal counsel for their opinion. ADJOURNMENT It was the consensus of the Commission to adjourn to the September 15, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Flores adjourned the meeting at 7:32 p. O MY FLORES, CHAIRMAN PLANNING COMMISSION Respectfully S/nu~bmitted, J DANA PORCHI= OFFICE SPECIALIST III ATTEST: Planning Commission Meeting September 1, 2009 Page 8 of 8 TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT