Loading...
HomeMy WebLinkAbout09-15-2009 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, SEPTEMBER 15, 2009 CALL TO ORDER Chairman Flores called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Vice-Chair Gonzales 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, Senior Planner Harris, City Planning Consultant Coury, and Office Specialist Porche. PUBLIC COMMENTS None CONSENT CALENDAR ITEM(S) None PUBLIC HEARING ITEM(S) Planning Commission Meeting September 15, 2009 Page 2 of 10 1. Reptile and Amphibian breeding Establishment as a Conditional Use within the Limited Manufacturing (M-1) Zoning District and approving Conditional Use Permit No. 2009-08: A request to operate a wholesale Reptile and Amphibian Breeding Establishment within an existing building located at 530 Third Street Recommendation: a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP): and, b. Adopt a resolution permitting reptile and amphibian breeding 2009-08 for the operation of a wholesale reptile and amphibian breeding establishment within an existing industrial building. Chairman Flores opened the Public Hearing at 6:04 p.m Senior Planner Harris provided a brief background of the project. He noted for the record the Planning Division received a notice from Animal Friends of the Valley (LEAF) indicating they would conduct visits to the establishment twice a year. Chairman Flores requested the applicant to approach the podium. Mitchell Behm, applicant of the project introduced himself to the Commission and agreed to the Conditions of Approval set forth in the Staff Report. Commissioner Mendoza asked the applicant if there would be any video surveillance cameras installed. He also mentioned to staff that he would have like to have seen what the cages looked like. Mitchell Behm stated he would have exotic animals which would be locked up and not pose any danger to the public or themselves. He stated he could submit to the Commission the types of cages that would be installed on the premises. He is looking forward to having Animal Friends of the Valley (LEAF) inspect the premises and intends to hire a patrol service and the use of an internet camera. Commissioner O'Neal asked staff about the inspections and the safety of the animals. Acting Community Development Director Weiner replied that LEAF would be making unannounced inspections. He noted, should staff or LEAF receive a complaint, other inspections may be necessary. Planning Commission Meeting September 15, 2009 Page 3 of 10 Commissioner O'Neal asked when staff received comments from Riverside County Fire Department (RCFD) with their approval. Senior Planner Harris replied August 17, 2009. Commissioner O'Neal did not understand the point on the fees set forth by RCFD. Acting Community Development Director Weiner did not have a response to Commissioner O'Neal's comments however encouraged the applicant to work with RCFD. Mitchell Behm replied by saying that he was surprised to hear that the Fire Department has requested installation of a complete fire sprinkler system. Commissioner Zanelli asked the applicant if they intend on breeding large snakes such as Pythons or Boa Constrictors and would there be an emergency system. Mitchell Behm replied by saying that they do not intend on breeding large snakes and they do have an emergency plan should one of their species gets loose. Commissioner Zanelli commented on why the sprinkler system was not installed during the construction of the building and how it would be a major expense to the applicant. Commissioner Gonzales pointed out to Staff and the Commission that rats and mice are listed in the staff report and pointed out that they are mammals and not reptiles or amphibians. Mitchell Behm explained to the Commission that the rats and mice would be raised solely for feeding purposes only. Acting Community Development Director Weiner suggested revising the Resolution regarding the CUP for the purpose of breeding rats and mice. Commissioner Gonzales asked if the animals are native to California/USA. Mitchell Behm responded by saying he intends on breeding threatened and endangered species. He stated he may breed animals from other countries. Commissioner Gonzales asked if he would be willing to accept the purchased animals back should the owner feel that they could no longer keep the animal. Mitchell Behm replied he would welcome the animals back. Chairman Flores asked the applicant if he has met with the RCFD, Health Department, Department of Fish & Game or LEAF. Planning Commission Meeting September 15, 2009 Page 4 of 10 Mitchell Behm replied by saying no, he has not yet met with any of the mentioned departments. Chairman Flores asked the applicant how many employees will be staffed and what would the hours of operation be. Mitchell Behm responded that he would have five to six employees in the building and the hours would be from 8:00 a.m. to 5:00 p.m. Chairman Flores asked if there would be an area where the public could come in and purchase the animals. Mitchell Behm stated these facilities will not be open to the general public and the facility is strictly a breeding center. Chairman Flores asked if there is anything that staff could do regarding the required sprinkler system. Acting Community Development Director Weiner pointed out to the Commission that the Conditions stated they must meet all of the guidelines stated in the RCFD letter dated September 15, 2009. He stated that the applicant could work with the Fire Department to modify the Fire Departments requirements however the applicant must meet all of the guidelines according to the correspondence. Commissioner Zanelli pointed out to the Commission the requirement would be on any business that occupied the building. He stated until the building has sprinklers, no one can occupy the building. Mitchell Behm noted that the building has a fire wall and requested the owner of the building to address the Commission. Mark Bishop, representing the owner stated the building has been occupied in the past by four (4) different tenants, and that fire sprinklers have never been an issue in the past. He stated a concrete fire wall had been installed with a single opening roll door approximately thirty years ago when the building was constructed. The fire wall was built in accordance with the code requirements at that time. He stated the building has been vacant for about one year. Commissioner Zanelli stated that there may been a communication issue with the Fire Department. Cal Fire may operate under a different set of codes; however it would be worth pursuing. Chairman Flores closed the Public Hearing at 6:40 p.m. and requested a motion. Planning Commission Meeting September 15, 2009 Page 5of10 MOTION was made by Commissioner Zanelli and seconded by Commissioner Mendoza to adopt Resolution No. 2009-46 and adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE MOTION was made by Commissioner Zanelli and seconded by Commissioner Mendoza adopting Resolution No. 2009-47, approving Reptile and Amphibian Breeding Establishments as a Conditional Use within the limited manufacturing (M- 1) Zoning District and Approving Conditional Use Permit No. 2009-08 including the modifications to the Conditions of Approval. AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE BUSINESS ITEM(S) 2. Residential Design Review No. 2006-13, Amendment No. 1 for "Broadleaf & Silverthorne" project areas within the Canyon Hills Specific Plan Acting Community Development Director Weiner introduced Kirt Coury the Planner for the project. Kirt Coury, Planner for the project provided an outline of the project to the Commission. He stated this is an amendment to the project which was approved by the Planning Commission in April 2007. The applicant is requesting to replace the approved Broadleaf project lots with the approved Silverthorne product in the area. He noted that staff recommends approval of the proposed project and would be available to answer any questions the Commission may have. Ron Nugroho, Pardee Homes stated for the record that he agrees with the Conditions of Approval. Planning Commission Meeting September 15, 2009 Page 6 of 10 Chairman Flores requested any speakers to speak either for or against the project. Mike Wagoner, resident of Lake Elsinore spoke in opposition of the project. He stated that the homes that were proposed are smaller and less in value than the homes that were promised. He stated that when he purchased his home the developer indicated the homes that would be built in the area would be comparable to the existing product, and these proposed products would have a negative impact on the values of the existing homes. Bob Stoddard, resident of Lake Elsinore spoke in opposition of the project and recommended to have the item continued to another date in order for the developer to notify every resident of the changes. He stated that he has not received any notification of the changes that have been proposed and stated he does not trust Pardee Homes. William Smith, resident of Lake Elsinore spoke in opposition of the project. He stated that when he purchased his home he was shown a map that showed where the new homes would be built. He was told by the sales office that Pardee Homes would be building more Broadleaf product around their existing homes. He noted the current market value and asked the Planning Commission if Kirt Coury is a city staff employee or a consultant for Pardee Homes. Commissioner O'Neal responded by saying Kirt Coury is a city employee and does not work for Pardee Homes. Commissioner Mendoza pointed out to the audience regardless if this project gets approved or not, an appeal could be processed in order for the project to be heard by the City Council. Chairman Flores requested Kirt Coury to provide an explanation to the audience why the project is being recommended for amendment. Planner Kirt Coury stated that Pardee Homes had indicated the proposed product known as Silverthorne is selling faster due to the current economy. Ron Nugroho, representing Pardee Homes stated that the Silverthorne product is within the price range and demand of the general public during this slow economy. Commissioner Mendoza asked Mr. Nugroho why the homeowners weren't notified of the changes. Ron Nugroho did not have an answer for Commissioner Mendoza. Planning Commission Meeting September 15, 2009 Page 7 of 10 Chairman Flores asked staff if it is a requirement for city staff to notify the surrounding homeowners of the project. Acting Community Development Director Weiner replied by saying there is a 300 foot radius requirement for notification. He stated that staff has retained a copy of the labels of who was mailed a notice and would make that available for those who are interested. Planner Kirt Coury pointed out to the Commission that in addition for the notice to be mailed to the homeowners within 300 feet radius of the project, the notice is also posted in front of the City Hall and in front of the project. Bob Stoddard, resident of Lake Elsinore stated the developer wants to change the product to the current market conditions; however he purchased his home during the downfall of the market. He asked the developer why they were not told then of the changes that were being proposed at that time. Ron Nugroho, Pardee Homes responded by saying there were additional changes which were made right after Mr. Stoddard purchased his home in May and did not have the available information at that time. William Smith, resident of Lake Elsinore confirmed that Kirt Coury is an employee of the City of Lake Elsinore. He pointed out that the developer did not notify anyone and just posted a sign in front of the project. Stephanie Griffis, resident of Lake Elsinore stated she works in the escrow field and researched the property owner list and pointed out to the Commission that it clearly states they are the owners of the property. She included they have not received any letters regarding the Public Hearing or the changes to the project. She noted when they purchased their home they were told by the sales department that they would not be building the mentioned lots for a long time. Acting Community Development Director Weiner recommended to the Commission to continue the item off calendar in order to confirm who was notified of the Public Hearing and the proposed changes. Commissioner Gonzales asked if there is another area that is known as Silverthorne. Ron Nugroho replied by saying yes. Commissioner O'Neal pointed out to the developer that he has requested new homes to go "Green" with their homes and to have solar installed. Planner Kirt Coury discussed the appeal process with the audience. Planning Commission Meeting September 15, 2009 Page 8 of 10 Chairman Flores requested a motion. MOTION was made by Commissioner O'Neal and seconded by Commissioner Mendoza to continue the project known as Residential Design Review No. 2006-13, Amendment No. 1 for "Broadleaf & Silverthorne" off calendar. AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: • He spoke of the CIP known as the Machado Park restroom facility which will be heard before the City Council at their next meeting and would be awarded to the lowest bidder. • He spoke of a phone call that he received from Commissioner Zanelli regarding sewer installation and corrected his statement that it is a sewer project and not a reclaimed water project. He provided the Commission a map showing the area of the project and the project is now out for bid. Acting Community Development Director Weiner commented on the following: • No comments. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: • No comments. Vice-Chairman Gonzales commented on the following: • He asked the Acting Community Development Director the status of grey water being used for irrigation. Acting Community Development Director Weiner Planning Commission Meeting September 15, 2009 Page 9 of 10 responded by saying EVMWD was not pursuing the use of grey water. Riverside County is proceeding with the use of using grey water for irrigation purposes, but locally the City's water district is opposed. Commissioner Mendoza commented on the following: • He requested staff to include as much information in the Commissioners Agenda Packets as possible regarding projects. Commissioner O'Neal commented on the following: • No comments Commissioner Zaneili commented on the following: • He asked details of the road work being conducted along Lake Street near Alberhill Ranch. Public Works Director/City Engineer Seumalo replied by saying he would speak to the inspector and find out more information for the Commission. • He asked the timeframe of the sewer project that came before the Commission at the last meeting. Public Works Director/City Engineer Seumalo replied by saying he does not have a timeframe just yet as he is waiting to hear from EVMWD. ADJOURNMENT It was the consensus of the Commission to adjourn to the October 6, 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 7:24 Y FLORES, CHAIRMAN NING COMMISSION Resp ctfully Submitted, DANA PORCHE OFFICE SPECIALIST III Planning Commission Meeting September 15, 2009 Page 10 of 10 ATTEST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT