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HomeMy WebLinkAbout03-02-2010 NAHPage 1 of 8 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MARCH 2, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, March 2, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Flores, Vice - Chairman Gonzales, Commissioner Mendoza, Commissioner O'Neal, Commissioner Zanelli ABSENT: None Also present: Director of Community Development Weiner, City Attorney Leibold. Staff members present included: Associate Planner Resendiz, and Office Specialist Porche'. CALL TO ORDER (5:56 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice - Chairman Gonzales. ROLL CALL All Commission members were present. PUBLIC COMMENTS — NON -AGENDIZED ITEMS —1 MINUTE Speaker, Michael O'Neal, Lake Elsinore Verbatim Thank you for the opportunity to speak and read for the record _ I wish to apologize in advance to fellow commissioners Zanelli, Mendoza, and Vice -Chair Gonzales for my manner. Recently, we as Planning Commissioners had before us a Public Hearing involving the revocation of a Conditional Use Permit (CUP) for Trevi Entertainment and as you are aware I voted in opposition to this motion. I believed then as I do now I voted the proper way and although I Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 2 of 8 also recognize I am in the minority I none the less respect Commissioner's Zanelli and Mendoza for their work, time, and votes, and Vice - Chairs recusal. I stop short of including you Mr. Chairman because of your disturbing prevarications, your lack of good judgment particularly as Chairman of the Planning Commission, and the self - congratulatory plaudits which punctuate any conversation with you. When you choose to make slanderous remarks to a lawyer and a major developer, that I am, as well as City Councilman Hickman, taking bribes for favorable votes for Trevi Entertainment, you have placed yourself on dangerous ground .... I cannot speak for Councilman Hickman but I will speak for myself. I do now and always vote my conscience- I vote for what I believe to be the best for our community and I do it because it's my pleasure. I have never nor will I ever accept money for my votes. Since you have chosen to make these malicious, insulting and disparaging remarks to unimpeachable sources, they cannot be refuted by yourself. As such you are obligated to produce any evidence (which by the way does not exist) of my wrong -doing or you must apologize to me and my family. With this act of contrition you can redeem yourself and demonstrate to all some vestige of character. Anything less is nothing more than a pathetic excuse for poor behavior. I await your response. Chairman Flores thanked the Commissioner. CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • February 16, 2010 MOTION was made by Commissioner Mendoza, second by Commissioner Zanelli to approve February 16, 2010, Regular Planning Commission Minutes. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. PUBLIC HEARING(S) (2) Existing Beauty and Tanning Salon Known as "The Body Shoppe" Located at 31796 Casino Drive: Suite A. B. and C Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 3 of 8 Recommendation(s a) Adopt Resolution No. 2010 -02 adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and b) Adopt Resolution No. 2010 -03 permitting tattoo establishments as a conditional use within the (C -2) General Commercial zoning district and approving Conditional Use Permit (CUP) No. 2010 -01. Director of Community Development Weiner provided an overview of the project and requested that Associate Planner Resendiz review it with the Commission and answer questions. Associate Planner Resendiz provided an overview of the project to the Commission. He indicated that the applicant was present and would be available to answer questions by the Commission. Director Weiner stated that the revised Conditions of Approval were distributed to the Commission prior to the Planning Commission meeting and indicated that the applicant was notified. The applicant, Terry Jones, stated his name and address, and indicated that he read and agreed with the Conditions of Approval. Office Specialist Porche' indicated that there were copies distributed to the Commission regarding two written correspondence in opposition of the tattoo shop. 1) Petition letter dated March 2, 2010, signed by Robert Hertz, owner of Flour Fusion in Lake Elsinore. 2) Petition letter dated March 2, 2010, signed by Desiree Eisenbarth of the The Velvet Vault in Lake Elsinore. Chairman Flores asked Associate Planner Resendiz if he received correspondence from Thomas Buckley. Commissioner Mendoza noted that Thomas Buckley's e-mail was forwarded by Jack Martin. Associate Planner Resendiz indicated that staff did receive correspondence from Thomas Buckley via e-mail and a copy of the e-mail was submitted to the Commission. Commissioner Zanelli stated that he found it inappropriate for a Board Member of the City of Lake Elsinore's Chamber of Commerce to petition to stop a business from coming into the City and requested that the Chamber of Commerce should be notified. He also indicated that he had no problem with this business coming to the City. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 4 of 8 Commissioner Mendoza concurred with Commissioner Zanelli and added that he also thought it was inappropriate to bring a court document to the Planning Commission meeting because it had no bearing to the project being presented. He indicated that as long as the business owner complied with the Conditions of Approval then he had no problem with this business coming to the City. Vice - Chairman Gonzales stated that he had no problem with the business coming to the City. Commissioner O'Neal asked Director Weiner about a Desist Order that was placed on the business which was included in the staff report. Director Weiner stated that the owner of The Body Shop was notified by the City's Code Enforcement staff to comply with the City Codes which they did. Commissioner Zanelli asked the applicant if health and safety procedures were in place which are regulated by the County. The applicant stated yes. Commissioner O'Neal stated he had no problem with the business coming to the City. Chairman Flores asked the applicant if the entrance through the salon was completed. The applicant indicated that it was not completed yet. Chairman Flores asked Director Weiner what the procedures were to get a CUP approved. Director Weiner indicated the procedures to approve a CUP. Passed and adopted the following Resolution: "Resolution No. 2010 -02 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is consistent with the MSHCP." MOTION was made by Commissioner Mendoza, second by Commissioner Zanelli and unanimously carried to adopt findings that the project is consistent with the MSHCP." AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 5 of 8 NOES: None. ABSENT: None. "Resolution No. 2010 -03 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Tattoo Establishments as a conditional use within the general commercial (C -2) zoning district and approving Conditional Use Permit No. 2010 -01. MOTION was made by Commissioner Gonzales, second by Commissioner Mendoza and unanimously carried to approve Tattoo Establishments as a conditional use within the General Commercial (C -2) zoning district and approving Conditional Use Permit No. 2010 -01. Director Weiner indicated that there is a 15 day appeal period for the approval. BUSINESS ITEM(S) (3) Uniform Sign Program No. 2009 -01, for Canyon Hills Market Place Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2010 -04 approving Uniform Sign Program No. 2009 -01. Director Weiner provided an overview of the project and requested Planning Consultant Coury to review it with the Commission and answer any questions. The applicant, Joey Aliono of Ultrasigns, stated his name and address, and indicated that he would answer any questions by the Commission. The Commissioners had no comments. Resolution No. 2010 -04 — A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Uniform Sign Program No. 2009 -01. MOTION was made by Commissioner Gonzales, second by Commissioner Zanelli to approve Uniform Sign Program No. 2009 -01. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 6 of 8 STAFF COMMENTS Associate Planner Resendiz had no comments. Office Specialist Porche' had no comments. Director Weiner indicated that Public Works Director Seumalo was not in attendance at the meeting and gave the Capital Improvement Update on behalf of Public Works Director Seumalo. Commissioner O'Neal indicated that as he was driving on Smith Street he noticed pot holes in the street and requested Public Works go by the area. Director Weiner indicated that he would refer this request to Director of Public Works Seumalo. Director Weiner gave the Community Development Department's update: • Request for Proposal (RFPs) for the General Plan Update Environmental Impact Report (EIR) Modification and Re- circulation went out for review and the closing date was Tuesday, March 2nd • Staff to review the RFPs that were received by various Consultants. A decision will be made by Tuesday, March 23 at the City Council Meeting as to which Consultant the City chose. • The General Plan would be presented to the Commission by this summer. Commissioner Zanelli asked how long the review period is for the EIR. Director Weiner stated that the review period for the EIR is 45 days. CITY ATTORNEY COMMENTS None. PLANNING COMMISSION COMMENTS Commissioner Zanelli asked Director Weiner if Mr. Hiner met his financial obligation that was requested of him at the February 2n Planning Commission meeting. Director Weiner indicated to Commissioner Zanelli that Mr. Hiner did not meet the financial obligation as of yet. He indicated that staff was reviewing the latest submittal to be presented to the Commission. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 7 of 8 Commissioner Zanelli indicated to Director Weiner that he would like to have the CUP modification taken care of as soon as possible and asked when it could be taken back to the Commission. Director Weiner stated that he would notice the Public Hearing within the next 30 days. There was discussion between Commissioner's Zanelli, Mendoza and O'Neal regarding the necessity for Mr. Hiner to get the CUP into compliance. Chairman Flores asked City Attorney Leibold what the legal ramifications would be if Mr. Hiner wasn't in compliance with the CUP. City Attorney Leibold explained the legal procedures relating to compliance of the CUP. Director Weiner indicated that he would follow -up with Mr. Hiner in writing regarding what was required to complete the modification and indicated that he would forward a copy of the documentation to the Commission. Commissioner O'Neal asked City Attorney Leibold if the Planning Commission -- had the authority to revoke the current/approved CUP. City Attorney Leibold stated that with the appropriate findings and due process, the Commission could review modifications, suspensions, and revocations. The Planning Commissioners asked Director Weiner if he could give them a specific date as to when the project would be coming back to the Commission. Director Weiner indicated that staff would bring the project back to the Commission by April 6 The Planning Commissioners stated their concerns regarding public safety issues in regards to the project and asked that they be addressed. Commissioner Zanelli asked City Attorney Leibold for a legal description of the first paragraph in the Conditions of Approval document. City Attorney Leibold explained the legal definition. Commissioner Zanelli asked City Attorney Leibold to explain "Sunset Date" which was discussed at the last City Council meeting. City Attorney Leibold explained to Commissioner Zanelli what "Sunset Date" meant and indicated that she would discuss any issues with respect to a date certain at another time. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of March 2, 2010 Page 8 of 8 Vice - Chairman Gonzales indicated that in the last Planning Commission meeting, Commissioner O'Neal asked Director Weiner who the client was. City Attorney Leibold stated that Leibold, McClendon & Mann Law Office represents the City and takes direction from the City Council. Chairman Flores asked City Attorney Leibold for clarification regarding the Planning Commission and the City Council approval process related to CUPs. City Attorney Leibold indicated that if an application is pending, it is first presented to the Planning Commission, and then to the City Council who has the final authority to modify Conditions. ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 6:51 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, March 16, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Respectfully Submitted, Kristine Herrington Office Specialist Attest: _+ qua Tom Weiner Director of Community Development