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HomeMy WebLinkAbout08-03-2010 NAHPage 1 of 17 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES AUGUST 3, 2010 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, August 3, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Gonzales, Vice-Chairman Mendoza, Commissioner Morsch, Commissioner O'Neal ABSENT: Commissioner Jordan Also present: City Manager Brady, City Attorney Leibold Staff members present included: Senior Planner Harris, Planning Consultant Coury, Public Works Director Seumalo, and Office Specialist Porche' CALL TO ORDER (6:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chairman Mendoza. ROLL CALL Commissioner Jordan was absent. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): 0 April 20, 2010 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 2 of 17 MOTION was made by Commissioner O'Neal, and seconded by Vice- Chairman Mendoza to approve April 20, 2010, Planning Commission Minutes. AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan ABSTAIN: None PUBLIC HEARING(S) (2) Consideration of Modification. Suspension, and/or Revocation of Conditional Use Permit (CUP) No. 2001-05 for the Lake Elsinore Motocross Facility Recommendation Staff recommends that the Planning Commission continue the Public Hearing to August 17, 2010. Commissioner O'Neal requested the status of this item. City Manager Brady indicated that this item has been continued several times and asked Senior Planner Harris to provide an update of the Motocross Facility to date. Senior Planner Harris stated that this item was continued from the July 6, 2010, Planning Commission meeting, whereby a Public Hearing was held and there were a number of remaining outstanding Conditions of Approval that the applicant had not complied with to date, in association with the existing CUP. However, at that time, neither the applicant nor the property owner was in attendance at the meeting and therefore the Commission continued the item to August 3, 2010, to allow time for additional discussion. He also stated that subsequently, staff was informed that the operator had shut down the facility. He indicated that there are potential purchasers that staff has spoken to who are in attendance at the Commission meeting. He informed the Commission that Mr. Hiner submitted, on August 3rd, a variety of materials in an effort to address the outstanding Conditions of Approval and noted that staff did not have the opportunity to review and indicated that there are still outstanding Conditions that have not been completed. City Attorney Leibold again reviewed the steps that Mr. Hiner needs to take to bring the outstanding Conditions of Approval into compliance and Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 3 of 17 indicated that this was discussed at the July 6t', Planning Commission meeting. Commissioner O'Neal noted that there are various parties that are interested in purchasing the Motocross Facility. City Attorney Leibold clarified that if Mr. Hiner does not bring the outstanding Conditions into compliance, the new owner/operator will be responsible for this and staff will need a signed Acknowledgement of Conditions from the new owner/operator. REQUEST TO SPEAK Andrew Greenfield, legal council, representing MX Moto-Park stated that his client intends to be the operator of the Motocross Facility in the City. He stated that his client has signed a written agreement which gives him an exclusive legal right to negotiate with Mr. Hiner to run the facility, including acknowledgment of any modifications to the CUP. Commissioner Morsch asked Mr. Greenfield what organization he represented. Mr. Greenfield indicated MX Moto-Park Industries Inc. Commissioner Morsch asked if Mr. Greenfield has been in negotiations with Kris Kakkar, the owner. Mr. Greenfield stated that he was in negotiations with Mr. Kakkar and indicated that Mr. Kakkar sent his client a written agreement on July 21St stating that his client has exclusive negotiations for the Motocross Facility CUP. Commissioner Morsch asked Mr. Greenfield if there was a timeline as to when an agreement would be reached between his client and the owner. Mr. Greenfield indicated that they would like to purchase the facility as soon as possible. Commissioner Morsch noted that the facility has environmental violations, outstanding public works improvements, and a number of other issues that still need to be addressed. Mr. Greenfield indicated that his client recently opened a Motocross Facility on the Pala. Indian Reservation and stated that they are very familiar with environmental issues. They would like to move forward but their hands are tied because they still do not have an agreement for lack of cooperation with Mr. Hiner. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 4 of 17 Chairman Gonzales indicated that the Commission does not want to close down the Motocross Facility and indicated that they have been trying to work with Mr. Hiner. Commissioner Mendoza asked Mr. Greenfield if there would be competition between both Motocross Facilities since his client also has a Facility at Pala. Mr. Greenfield stated the motivation in purchasing the facility is not competition driven and believes that there is room for two Motocross tracks in the area. Chairman Gonzales asked Mr. Greenfield if he knew how long negotiations would be with Mr. Hiner. Mr. Greenfield stated that he hoped as soon as possible. Commissioner Mendoza asked Mr. Greenfield why he was negotiating with Mr. Hiner, the tenant, instead of the owner. Mr. Greenfield indicated that they are negotiating with the owner as well as Mr. Hiner and has a "Letter of Intent" by the owner on file. Commissioner O'Neal asked Mr. Greenfield if he has a purchase agreement with the land owner. Mr. Greenfield indicated that he does not have a purchase agreement with the land owner. Commissioner O'Neal noted to Mr. Greenfield that the purchase of the Motocross Facility is open to anyone. Commissioner Mendoza stated that he was still not sure why Mr. Greenfield was negotiating with the tenant instead of the owner. Commissioner Morsch clarified that in terms of the lease, the lessee, is the operating function of the facility and if Mr. Hiner is fulfilling his obligation as far as payments, he controls the lease. The applicant, Randy Hiner, gave his name and address. He indicated that 12 Conditions out of 44 Conditions are still outstanding, also noting Condition No. 22 regarding crushed aggregate was still outstanding. Chairman Gonzales stated to Mr. Hiner that the Commission was unable to act on the Conditions that he was reviewing because they were not given documentation reflecting any of the changes to the Conditions. He Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 5 of 17 recommended that Mr. Hiner forward this information to Senior Planner Harris for review and continue this item to a date certain. Commissioner O'Neal stated that Condition No. 22 regarding crushed aggregate is an important issue and needs to be addressed as soon as possible. Commissioner Morsch asked Mr. Hiner if he intended on complying with the outstanding Conditions and if he was gong to continue to run the Motocross Facility. Mr. Hiner indicated that he has no intension of continuing to run the Motocross Facility. He requested that the Planning Commission continue this item to August 17, 2010. The Planning Commission agreed to continue the item to the August 17, 2010. Dave Oster, President of the Lake Elsinore Storm indicated that he would like to see the Motocross track continue to exist and stated that it is an important part of the region along with the ball park, the stadium, skydiving, lake, etc. He stated that he owns 150 acres behind the golf course and is interested in developing the land that fits in with the same theme. He also has been in discussions with Carl Scanlon and Jeremy McGrath who are both interested is in the Lake Elsinore track. Commissioner Morsch indicated that he also spoke to Mr. Scanlon and believes that there is a high degree of motivation to get the park running again and will do everything he can to get the Motocross Facility running as a quality venue. Commissioner Mendoza would like to approve the pending Conditions for the CUP and bring the item back to the Commission in 6 months for review. He agreed with Commissioner Morsch that the Motocross track is important to the City and it needs to be operated by someone properly. Chairman Gonzales asked City Attorney Leibold that if the Commission agrees to continue this item to the next meeting and Mr. Hiner complies to the outstanding Conditions, will this item be in compliance. City Attorney Leibold stated that if Mr. Hiner or whomever the operator is, is in compliance with the modified Conditions of Approval, the Commission will take no action on the item and possible suspension or revocation will die but if there are still issues with respect to compliance with the Conditions then the Commission can continue the item until such time as the Commission is satisfied. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 6 of 17 Jeremy McGrath gave his name and address. He wanted to introduce himself to the Commission and stated that he would like the Motocross Facility to continue running and is interested in running the facility with his partner Mr. Scanlon. Chairman Gonzales reiterated that the Commission does not want to close the Motocross Facility and has agreed to continue this item. Senior Planner Harris stated that it is imperative that Mr. Hiner be available to meet with staff to work through the issues regarding the outstanding Conditions. Mr. Hiner indicated that he would be available to meet with staff. Commissioner Morsch reiterated that the Commission will need proof that the following items have been submitted to the City and acknowledged, such as a Storm Water Pollution Prevention Plan (SWPP), a Notice of Intent, a CID number from the state, etc. and copies forwarded to the Commission. Mr. Hiner indicated that the (SWPP) was submitted to the City and misplaced by the City and voiced his frustration that he had to redo the plans and also to pay various environmental fees. Commissioner Mendoza noted that the City waived the fees. Mr. Hiner indicated that even though the fees were waived, he still had to pay $120,000 for the new CUP which required new CEQA documents, Initial Studies, and Mitigated Negative Declarations and was still not in conformance. MOTION was made by Commissioner O'Neal, and seconded by Commissioner Morsch to continue consideration of modification, suspension, and/or revocation of (CUP) No. 2001-05 for the Lake Elsinore Motocross Facility to August 17, 2010. (3) Consideration of a Tattoo/Body Piercing Establishment as a conditional use within the Commercial Manufacturing (C-M) Zoning District and Conditional Use Permit No. 2010-03: A request to operate a Tattoo Establishment within an existing building located at 18451 Collier Avenue. Suite E Recommendation: a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 7 of 17 b. Adopt a resolution permitting tattoo/body piercing establishments as a conditional use within the (C-M) Commercial Manufacturing zoning district and approving Conditional Use Permit No. 2010-03 for the operation of a tattoo establishment based on the Findings, Exhibits, and proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Planning Consultant Coury review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project to the Commission and indicated that the applicant was present. Chairman Gonzales asked the applicant, Gregory Nicola if he would like to speak about the project. Mr. Nicola introduced himself to the Commission. Commissioner Mendoza had no comments. Commissioner Morsch indicated that this was a good operation and hopes that the business will succeed. Commissioner O'Neal indicated that he was glad that the language regarding body piercing was included in the CUP and is favor of the project. Commissioner Mendoza thanked Mr. Nicola for conducting the business by appointment only. Chairman Gonzales wanted to make sure that the tattoo business limits service to members of the public who are at least 18 years of age. Passed and adopted the following Resolution: "Resolution No. 2010-35 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP)": MOTION was made by Commissioner Mendoza and seconded by Commissioner O'Neal adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 8 of 17 ABSENT: Jordan Passed and adopted the following Resolution: "Resolution No. 2010-36 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Tattoo/Body Piercing establishments as a conditional use with Commercial Manufacturing (CM) zoning district and approving Conditional Use Permit No. 2010-03". MOTION was made by Commissioner Mendoza and seconded by Chairman Gonzales approving Tattoo/Body Piercing establishments as a conditional use within the Commercial Manufacturing (CM) zoning district and approving Conditional Use Permit No. 2010-03. AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan (4) Residential Design Review No. 2010-04: A request for building designs Recommendation: Adopt a resolution approving Residential Design Review No. 2010-04 based on the Findings, Exhibits, and proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Planning Consultant Coury review it with the Commission and answer questions. Planning Consultant Coury provided an overview of the project to the Commission and indicated that the applicant was present. The applicant, Sondra Netzer of Richmond American Homes, stated that this was their 3rd residential development and indicated that within the past month they have opened models in the Bridgegate community. She stated that sales have been very successful and they are breaking ground on their next project in the Rosetta Canyon area. Don White, Hezmalhalch Architects, introduced himself to the Commission and indicated that he would answer any questions that the Commission may have. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 9 of 17 Martin Roza, Canyon Hills resident, stated that the trees that were planted in the development where he resides have died and requested that Richmond American Homes do not plant the same trees in the new development. Ms. Netzer indicated that they are required to submit a Street Tree Plan to the City for approval. She assured Mr. Roza that the trees he was concerned about will not be along any of the frontage in the development. Commissioner Morsch asked Mr. White if they could replace the single sided shutters with the double sided shutters. Mr. White indicated that they were trying to create a different look on each foundation so that it was not so repetitious and included a different style element with each elevation. Commissioner Morsch asked Mr. White if there was any consideration for windows on the garage doors. Mr. White indicated that there was not an option available to include windows on the garage doors. Commissioner O'Neal indicated that he was not satisfied with the architecture on the buildings but was approving the project anyway. Commissioner Mendoza noted that construction traffic on Lost Road is prohibited. REQUEST TO SPEAK Victoria Weir gave her name and address. She indicated that she lives near the project and wanted to know the location of the construction traffic. Ms. Netzer specified the street locations where the construction traffic would be located. Commissioner Mendoza stated that a sign needs to be posted at the project site with construction hours. Ms. Weir asked what the color of the houses will be. Ms. Netzer indicated that the color of the houses is consistent with earth tones. Chairman Gonzales indicated that he has no problem with the project. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 10 of 17 Commissioner Morsch stated that the developer is required to plant street trees and asked Public Works Director Seumalo if there is a requirement for maintenance of the street trees or any warranty that the developer has to provide with the street trees. Public Works Director Seumalo indicated that there is a plant establishment period and the City's landscape inspector has been working with Richmond American Homes. He indicated that staff will forward the details to the resident and noted that the maintenance of the trees is covered by the HOA. Passed and adopted the following Resolution: "Resolution No. 2010-37 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP)". MOTION was made by Commissioner Morsch and seconded by Vice- Chairman Mendoza adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan Passed and adopted the following Resolution: "Resolution No. 2010-38 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Residential Design Review No. 2010-04. MOTION was made by Vice-Chairman Mendoza and seconded by Commissioner Morsch approving Residential Design Review No. 2010-04. AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan (5) 31577 Canyon Estates Drive. Suites 115-130 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 11 of 17 Recommendation a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adopt a resolution approving Conditional Use Permit No. 2010-04 for the establishment and operation of a veterinary clinic/hospital within a portion of an existing office/retail building, based on the Findings, Exhibits, and proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris provided an overview of the project to the Commission and indicated that the applicant was present. REQUEST TO SPEAK Ed Shin, gave his name and address. He stated that he is a Veterinarian in the Norco area and saw the need for a Veterinary Clinic/Hospital in the Lake Elsinore area and is now associates with Sachin Trevedi. He indicated that the City will benefit by having a Veterinary Facility in the City. Tim Arguello, Canyon Estates Plaza Partners, represents ownership of the building. He indicated that he welcomed Mr. Shin and Mr. Trivedi as tenants and was excited to have a Veterinary Clinic in the complex. Chairman Gonzales indicated that he visited the site and his only concern was the possible noise element from the Veterinary Clinic since it is next to the hotel but was told by the applicant that they are modifying the structure for possible noise to other tenants. Commissioner Mendoza asked Mr. Shin what happens to the animals that are left behind. Mr. Shin indicated that they work with Animal Control and by California Law, after ten days, the animal is considered abandoned and they turn the animal over to Animal Control. Commissioner Mendoza asked if the Veterinary Clinic will have assigned parking with their business name. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 12 of 17 Senior Planner Harris indicated that when the project was approved there was no assigned parking. Commissioner Morsch asked if there is a reciprocal ingress/egress. Public Works Director Seumalo indicated yes there is. Commissioner Morsch indicated that he noticed numerous cars that are continuously parked in the parking lot and asked if they will be vacating once the tenants are in the complex. Mr. Arguello indicated that they are a short term tenant that is providing security for the building in exchange for the parking spots but once other tenants occupy the building, they will be terminated. Commissioner O'Neal indicated that he was pleased that Mr. Trivedi is opening the Veterinary Clinic in the City and wished him much success. Passed and adopted the following Resolution: "Resolution No. 2010-39 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multi Species Habitat Conservation Plan (MSHCP)". MOTION was made by Commissioner Morsch and seconded by Vice- Chairman Mendoza adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan Passed and adopted the following Resolution: "Resolution No. 2010-40 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2010-04 for the establishment and operation of a 24-hour Veterinary Clinic/Hospital within a portion of an existing building located at 31577 Canyon Estates Drive, Suites 115-130. MOTION was made by Commissioner O'Neal and seconded by Chairman Gonzales approving Conditional Use Permit No. 2010-04 for the establishment and operation of a 24-hour Veterinary Clinic/Hospital within a portion of an existing building located at 31577 Canyon Estates Drive, Suites 115-130. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 13 of 17 AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: Jordan (6) Conditional Use Permit No. 2010-02; A request to establish and operate a church within an existing building located at 169 North Main Street a. Adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b., Adopt a resolution approving Conditional Use Permit No. 2010-02 for the establishment and operation of a church facility within an existing vacant building, based on the Findings, Exhibits, and proposed Conditions of Approval. City Manager Brady provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris provided an overview of the project to the Commission and indicated that the applicant was present. He indicated that staff believes that there is adequate parking to accommodate the use. However, he recommended including a Condition that if parking for the church were to become a problem that the City Manager has the latitude to bring the item back to the Commission as a Public Hearing to re- evaluate the parking and take necessary action at that time. In addition, he stated that staff recommended adding an additional Condition stating that the applicant shall fully screen the existing open frontage along Main Street prior to initiation of the proposed use. REQUESTS TO SPEAK William Hugron stated that he was attending the Planning Commission meeting on behalf of the owner and would answer any questions. Carrie Peterson stated that she owns Venus Printing located at 159 North Main Street, next to the project site and indicated that she doesn't have a problem with the a church going into this location but does have concerns about parking accessibility during business hours for her employees and delivery services. Mr. Hugron indicated that this will not be a problem. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 14 of 17 Chairman Gonzales asked Public Works Director Seumalo if a sign could be placed at the rear of Venus Printing to read "Parking Reserved for Venus Printing". Public Works Director Seumalo indicated that he would review the City's Ordinance and Regulations regarding signs posted in association with the businesses. Commissioner Morsch suggested negotiating with the adjacent property owner so that the entire area becomes a common drive-way and utilizes specific areas for each use. He also asked who owned the parking lot to the north of the church site. Mr. Hugron indicated that both parcels are owned by the same property owner. It was specified that access to the parking lot is now from Peck Street. Commissioner Morsch stated that the parking lot's asphalt is in terrible shape and need's to be resurfaced and indicated that this should be included in the Engineering Conditions. Mr. Hugron stated that at this time they are not doing any work to the parking lot due to major capital expenditures. Commissioner Morsch asked Mr. Hugron why the parking lot is not being considered as part of the project. Senior Planner Harris indicated there is no longer access to the parking lot from Main Street. Accessing the lot from Peck Street creates safety issues given that a blind corner exists on-site. Therefore, the lot is not proposed to be used for parking. Vice-Chairman Mendoza indicated that his concern is the limited parking spaces available and the public safety issues due to congestion in the area when both churches have services. Commissioner O'Neal indicated that he has concerns about available parking for the church due to existing restaurants and schools/day care facilities that are already established in the area and suggested that this be appealed to City Council. Mr. Hugron indicated that as a Real Estate Consultant, he thought the City would welcome more activity in the downtown area since the majority of the street is vacant and the buildings are empty and believes that there is more than enough parking and doesn't think congestion at off hours is going to be an issue. He stated that the restaurants would welcome more Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 15 of 17 patrons. He voiced his frustration that the project has not moved forward due to various obstacles and would like these issues to be resolved as soon as possible. He said that the owner currently has a financial burden due to the vacancy. Chairman Gonzales stated that there is a lot of work that still needs to be done to the building but indicated that he is in favor of the project. Commissioner Morsch indicated that his concern is the parking issues and even though the church could bring potential patrons to the restaurants and shops, he would prefer that the space be occupied by a commercial or retail business to bring tax revenue to the City. He asked how long the lease is. Mr. Hugron indicated that it is a 5 year lease and commented that the building has been vacant for 2 years and there have been very few inquires regarding a commercial use. Chairman Gonzales asked if the building has an elevator for any disabled individuals. Mr. Hugron indicated that the building has complete American Disabilities Act (ADA) accessibility and stated that they would be addressing all work that needs to be done to the building, i.e. air-conditioning, etc. Passed and adopted the following Resolution: "Resolution No. 2010-41 A Resolution of the Planning Commission of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). MOTION was made by Chairman Gonzales, and seconded by Commissioner Morsch to adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Gonzales, Mendoza, Morsch. NOES: None. ABSENT: Commissioner Jordan ABSTAIN: Commissioner O'Neal There was no motion to approve CUP 2010-02. Therefore, the permit was automatically denied and Commissioner O'Neal advised the Planning Commission that he would file an appeal for this item to be presented to City Council on September 14, 2010, or as soon as possible. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 16 of 17 Tyler Kropf, property owner representative, requested an explanation of why the CUP was denied. City Attorney Leibold indicated that the CUP application was presented to the Planning Commission and that the staff report and all of the evidence had been considered. However, there was no motion made to approve the CUP. Therefore, it was automatically denied. She indicated that the applicant has 15 days from the date of the August 3, 2010, Planning Commission to appeal the application to the City Council who will have final determination and noted that Commissioner O'Neal will be filing an appeal and the applicant needs to confirm that an appeal has been filed before the 15 days has expired at which time, the applicant will have an opportunity to present the application to the City Council. Mr. Kropf asked City Attorney Leibold if the denial was regarding the parking issue. City Attorney Leibold indicated that from the testimony, the primary concern was inadequate parking and that the reliance on the general public parking was inadequate. Mr. Kropf stated that significant repairs have been made to the building by the applicant and he is disappointed that the project has been denied. City Attorney Leibold indicated that the applicant has to wait 15 days to forward an appeal to City Council which will be presented at the September 14, 2010 City Council meeting, or sooner if possible. BUSINESS ITEM(S) None. STAFF COMMENTS Public Works Director Seumalo indicated the Lakeshore Overlay is out for bid and staff anticipates it to be considered by the City Council on August 24, 2010. Also, he stated that the River Walk Project which is a multi-use trail along the outflow channel has the same schedule. Senior Planner Harris had no comments. Office Specialist Porche' had no comments. City Manager Brady had no comments. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of August 3, 2010 Page 17 of 17 CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. COMMISSIONER'S COMMENTS Commissioner O'Neal had no comments. Commissioner Morsch thanked the public for coming to the Planning Commission meeting and indicated that community input is vitally important and encouraged the community to attend the Planning Commission and City Council meetings. Commissioner Mendoza had no comments. Chairman Gonzales indicated that he looked at the project site where the church will be located and stated that a lot of work has been done to the building and hopes that the applicant will be satisfied with the City Council's decision about the project. ADJOURNMENT There being no further business to come before the Planning Commission Chairman Gonzales adjourned the meeting at 8:00 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, August 17, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, 925300.. n Respectfully Submitted, Kristine Herrington 21 Office Specialist Attest: