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HomeMy WebLinkAbout05-18-2010 NAHPage 1 of 10 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MAY 18, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, May 18, 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: City Manager Brady, City Attorney Leibold Staff members present included: Redevelopment Agency Analyst Carlson, Associate Planner Resendiz, and Office Specialist Porche'. CALL TO ORDER (6:00 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 - 3 MINUTES Patrick Germon, gave his name and address. He indicated that he was in attendance at the Planning Commission meeting to discuss the future of Armory Hall, the oldest public building in the City of Lake Elsinore. He requested that the Commission address the utilization of the building and referred to the ADA requirements. He recommended that the building be used for a church and requested that the Commission Grandfather in Armory Hall. City Manager Brady indicated that Armory Hall is a very old structure and the City does want to keep the structure in town. He indicated that a CUP is still required for a church, and ADA requirements do need to be addressed. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 2 of 10 CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • April 6, 2010 MOTION was made by Vice-Chairman Gonzales, seconded by Commissioner Zanelli to approve April 6, 2010, Planning Commission Minutes. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. PUBLIC HEARING(S) (2) Conditional Use Permit No. 2010-02: A request to establish and operate a Recommendation: Staff is requesting that this project be continued to allow staff additional time to further work with the applicant to address project concerns related to the change of occupancy and requirements by the Building and Safety Division and Riverside County Fire Department. Therefore, with the consent of the Planning Commission, staff requests that this item be continued off calendar. City Manager Brady recommended that this item be continued off calendar at this time. MOTION was made by Commissioner Zanelli, and seconded by Commissioner Mendoza to continue Conditional Use Permit No. 2010-02 off calendar. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 3 of 10 (3) Consideration of Modification. Suspension, and/or Revocation of Conditional Use Permit No. 2001-05 for the Lake Elsinore Motocross Facility City Manager Brady provided an overview of the project and requested that Redevelopment Agency Analyst Carlson review it with the Commission and answer questions. Redevelopment Agency Analyst (RDA) Carlson noted to the Planning Commission specific corrections to the following Conditions of Approval: • Condition No. 5 • Condition No. 15 • Condition No. 17 RDA Carlson indicated that per the request of the Planning Commission the project was being reviewed again for a possible modification, suspension, and/or revocation of the existing CUP. He stated that on April 27, 2010, and April 30, 2010, Planning and Engineering staff met with the applicant, Mr. Hiner to discuss the various Conditions that were supposed to be modified. RDA Carlson provided to the Commission a list of Conditions that were either in non-compliance or needed modification. He indicated that staff was recommending continuance of the project and requested that the Commission direct staff to prepare revised Conditions, modifying the existing CUP and the revised/modifications of Conditions would be presented next Planning Commission meeting for review within the next ninety days. The applicant, Randy Hiner, stated his name and address. He indicated that he met with staff on April 27, and April 30, 2010, to review the Conditions and to work towards getting the Conditions into compliance within a short timeframe. He stated that he agreed with staffs recommendations and noted that there were a total of forty four Conditions, of those, twenty four Conditions were completed. He requested that nine Conditions be modified and indicated that eleven Conditions have not been completed. Commissioner O'Neal requested clarification regarding Condition No. 2, and recommended modifying this Condition. City Attorney Leibold proposed that the Community Development Director initiate revocation proceedings if project plans that are submitted to the City are inconsistent with existing use in accordance with the General Plan and applicable Specific Plan. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 4 of 10 Commissioner O'Neal requested that Condition No. 4 be deleted regarding Noise Studies/Noise Readings because it is subjective and therefore, unenforceable. Chairman Flores referred this request to City Manager Brady. City Manager Brady indicated that if there is a noise complaint, it is difficult to measure. Chairman Flores asked City Attorney Leibold if the requirement was a necessity in order for the CUP to be in compliance. City Attorney Leibold stated that the Planning Commission can include, delete, or modify a Condition, as it sees fit, and noted that this was not a legal issue. Chairman Flores stated that he does not want Condition No. 4 deleted and suggested modifying the Condition. Commissioner Zanelli indicated that he does not want Condition No. 4 deleted. Commissioner Mendoza stated that he has no problem with Condition No. 4. Commissioner Gonzales stated that he has no problem with Condition No. 4. Chairman Flores requested clarification from City Attorney Leibold regarding requirements regarding Noise Study/Noise Readings for current/future developments. City Attorney Leibold stated that the requirement for a Noise Study/Noise Readings are to be conducted annually or sooner if the Community Development Director requires it and the modification consented to by staff as discussed with the applicant is that a Noise Study would be conducted only at such time as Code Enforcement receives ten or more complaints on any given day. Commissioner Zanelli and Commissioner Mendoza indicated that they would like to leave the requirement of a Noise Study at the discretion of the Community Development Director. Commissioner Zanelli wanted clarification regarding Condition No. 5 City Attorney Leibold stated that the mitigation measure required regarding the air quality in connection with the CUP is that through out the Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 5 of 10 operations, the applicant shall ensure that the exposed dirt areas are watered at a minimum of four to five times a day and referred to Condition No. 18. Commissioner Mendoza requested clarification of Condition No. 6 regarding safety issues. Mr. Hiner addressed the safety issues that Commissioner Mendoza had. Commissioner O'Neal asked Public Works Director Seumalo for clarification of Condition No. 7. Public Works Director Seumalo referred to Federal Emergency Management Agency requirements relating to Condition No. 7. Commissioner Mendoza requested clarification of Condition No. 8 relating to cash bonds. Commissioner Zanelli asked City Attorney Leibold for the legal definition of Condition No. 8. City Attorney Leibold stated that the City would have enforcement authority as against the property owner whether the property owner wants to submit a letter that says they guarantee that Mr. Hiner will restore the property in accordance with the Conditions or not. Mr. Hiner referred to Conditions 8, 9 and 10 and requested that no cash bonds be posted. He stated that he requested a letter from the property owner confirming this. Chairman Flores confirmed that no cash bonds apply to Conditions 8, 9 and 10. Commissioner Mendoza referred to Condition No. 16, and requested that the Condition state that any complaints regarding noise that are submitted to the City, must be submitted by a City of Lake Elsinore resident. Commissioner O'Neal suggested that the Motocross track have the same hours of operation as the lake. Vice-Chairman Gonzales noted that regarding Condition No. 18 regarding water quality, no evidence of compliance has been provided by Mr. Hiner. Mr. Hiner indicated that he provided a copy of the Notice of Intent (NOI) to Engineering staff and stated that he was in the process of locating his SWPP Report that is also to be included with the NOI and forwarded to the Water Quality Control Board. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 6 of 10 Commissioner O'Neal indicated that regarding Condition No. 15, he had concerns about the ground water getting polluted and/or contaminated when refueling. Mr. Hiner stated that all refueling takes place in the back of a truck, in a trailer, or on a non-absorbable fill matt. Public Works Director Seumalo addressed Commissioner O'Neal's concerns regarding groundwater contamination due to refueling and indicated that the NOI with the Storm Water Prevention Plan, and centrally locating the fueling areas were all provision made to protect the property site. Chairman Flores reiterated to Mr. Hiner the importance of the location of posted signage regarding adequate refueling to prevent contamination of water. Mr. Hiner indicated that he understood. Commissioner Mendoza asked with Mr. Hiner if he was in compliance with the ADA, referring to Condition No. 20. Mr. Hiner stated that he was in compliance. City Manager Brady referred to Condition No. 22, and suggested that the applicant and the property owner sign and complete the "Acknowledgment of Conditions" form prior to commencement of operation. Public Works Director Seumalo stated that Mr. Hiner was working with the Army Corp. to get a letter of compliance from them, referring to Conditions 28 and 29. Mr. Hiner addressed Condition No. 32, stating that the Mitigated Negative Declaration allows for water to be acceptable for mitigation standards. Public Works Director Seumalo stated that staff was recommending crushed aggregate. Chairman Flores asked Mr. Hiner if Conditions 37 and 38 would be completed within 30 days. Mr. Hiner indicated that he would have Condition No.'s 37 and 38 completed within 30 days. Commissioner Zanelli requested that Mr. Hiner work with Engineering staff to complete Condition No. 39 as soon as possible. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 7 of 10 Chairman Flores confirmed with Mr. Hiner that Condition No. 40 would be completed regarding secondary emergency vehicle access road. City Attorney Leibold indicated that Engineering staff would work with the applicant, and the adjacent property owner to complete Condition No. 41 regarding drainage easement. Commissioner Zanelli requested clarification of Condition No. 42. Public Works Director Seumalo indicated the drainage that was blocked was taken care of and engineering staff requested an approved Grading Plan. Mr. Hiner confirmed that engineering staff did receive the Grading Plan and he also addressed the drainage issue. Public Works Director Seumalo stated that he would follow up with Engineering staff regarding the status of the approved Grading Plans. Public Works Director Seumalo indicated that Condition No. 43 was not in compliance. Mr. Hiner addressed Condition No. 43 regarding trash and debris removal/disposal and indicated that it would be taken care of. Chairman Flores noted that all Conditions were reviewed by the Commission and requested any comments. Mr. Hiner commended the Engineering and Planning staff for working diligently through all Conditions. Chairman Flores commended staff and the Commission for the review of all Conditions and hopes that this will allow the Motocross facility to continue in the City and prosper. Commissioner Zanelli thanked Mr. Hiner for working with staff and the Commission to resolve non-compliance of Conditions and indicated that he hoped that the Motocross track would be in the City for a long time to come and be very successful. Commissioner O'Neal commended Senior Planner Harris and Redevelopment Agency Analyst Carlson for a good job on the presentation. Commissioner Mendoza thanked staff for all of their help and Mr. Hiner for being accessible to modify and take care of the Conditions. He indicated Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 8 of 10 that the Commission has been extremely flexible and was able to save him a substantial amount of money regarding the cash bond issue and stated that if the outstanding Conditions are not taken care within a certain amount of time, he will support suspending the Motocross track until it is in compliance. Vice-Chairman Gonzales thanked staff for all of the work that they have done and noted that there are a few items that still need to be resolved so that the Motocross track can continue to operate. Chairman Flores stated that the Commission agreed on the following: Continue the Public Hearing to June 15, 2010 solely for purposes of 1) review and formal approval of revised Conditions to be prepared by staff consistent with the staff report and Planning Commission discussion and 2) review the status of all of the Conditions and the applicant's progress toward completion/satisfaction. MOTION was made by Commissioner Zanelli, and seconded by Vice- Chairman Gonzales to continue the Public Hearing to June 15, 2010 solely for purposes of 1) review and formal approval of revised Conditions to be prepared by staff consistent with the staff report and Planning Commission discussion and 2) review the status of all of the Conditions and the applicant's progress toward completion/satisfaction. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli NOES: None ABSENT None BUSINESS ITEM(S) None. STAFF COMMENTS Public Works Director Seumalo informed Commissioner Zanelli that he spoke to staff about the street name sign and would follow-up with him regarding this information. Redevelopment Agency Analyst Carlson had no comments. Office Specialist Porche' indicated that the City is currently recruiting for Planning Commission positions. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 9 of 10 City Manager Brady thanked Redevelopment Agency Analyst Carlson and Senior Planner Harris, and Engineering staff for their work on the Motocross. He also stated that the Budget Study that was scheduled for Thursday, May 20, 2010, was rescheduled for Thursday, May 27, 2010. CITY ATTORNEY COMMENTS None. PLANNING COMMISSION COMMENTS Vice-Chairman Gonzales asked Public Works Director Seumalo if Smith Street would be paved. Public Works Director Seumalo indicated that he would check with Public Works and follow up with Vice-Chairman Gonzales with an answer. Commissioner Zanelli asked Public Works Director Seumalo about the trenching on 3`d Street. Public Works Director Seumalo stated that this was in the County but he would follow-up with staff to confirm this. Commissioner Zanelli thanked Redevelopment Agency Analyst Carlson for presenting the Motocross Staff Report on behalf of Senior Planner Harris, and also thanked staff for their work. Commissioner O'Neal apologized to Mr. Germon for not being able to answer his questions because this item was not on the Planning Commission Agenda and requested information regarding his request. Commissioner Zanelli stated that there were certain requirements with each type of use of a building, i.e.; retail business, restaurant, theater, church, and indicated that there are requirements regarding occupancy that may be restricting him from having a church in the building. Mr. Germon indicated that his main issue is the ADA, and stated that the building has not been altered. Commissioner O'Neal confirmed with Mr. Germon that the City would review how the building is being used, and would follow up with him regarding codes that apply to that use. City Manager Brady indicated to Mr. Germon that there may be exemptions based on the building being a historic structure that could be applied to the building. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 10 of 10 ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 8:20 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, June 1, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ry"y-- Jim y Flores airman Respectfully Submitted, LZ~AO Kristine Herrington Office Specialist Attest: a-VA bert A. Brady ity Manager