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HomeMy WebLinkAbout01-18-2011 NAHPage 1 of 17 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES JANUARY 18, 2011 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, January 18, 2011, 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 Jordan, Commissioner Morsch, Commissioner O'Neal ABSENT: None Also present: City Manager Brady, City Attorney Leibold Staff members present included: Senior Planner Harris, 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 Commissioner O'Neal. ROLL CALL Present: Chairman Gonzales Vice Chairman Mendoza Commissioner Jordan Commissioner Morsch Commissioner O'Neal Absent: None. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 2 of 17 CONSENT CALENDAR ITEM(S) (1) Minutes for Special Joint Meeting of City Council and Planning Commission • November 16, 2010 Recommendation: Approval MOTION was made by Commissioner Jordan, seconded by Commissioner O'Neal, and unanimously carried to approve the Minutes for Special Joint Meeting of City Council and Planning Commission of November 16, 2010. AYES: Chairman Gonzales, Vice Chairman Mendoza Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None ABSTAIN: None (2) Minutes for Planning Commission Meeting(s) • December 7, 2010 Recommendation: Approval Commissioner Jordan requested that a correction be made to the following paragraph at the bottom of page 6 of 18 to read: Commissioner Jordan asked Mr. Moore if vehicles have caught on fire inside the facility. and Commissioner Jordan requested that a correction be made to the paragraph at the top of page 15 of 18 to read: Commissioner Jordan indicated that she wanted to make sure that it met minimum front yard setback requirement. Commissioner O'Neal indicated at the December 7, 2010, Planning Commission meeting that there was graffiti on the City Council sign located at Riverside Drive at 4 corners, and noted that it is still there. MOTION was made by Commissioner Jordan, seconded by Commissioner O'Neal, and unanimously carried to approve the Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 3 of 17 Planning Commission Minutes of December 7, 2010, with corrections. AYES: Chairman Gonzales, Vice Chairman Mendoza Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal NOES: None ABSENT: None ABSTAIN: None (3) 18345 Pasadena Street Recommendation: a. If it is determined that the CC &Rs govern the subject property, staff recommends that the Commission deny Conditional Use Permit No. 2010 -07 for the establishment and operation of an animal crematory facility within an existing industrial building. b. If it is determined that the CC &Rs do not govern the subject property, staff recommends that the Commission consider all of the evidence presented in the staff report and during the public hearing to evaluate whether the findings necessary to approve the CUP and environmental determination are justified. City Manager Brady asked Senior Planner Harris to review this Item with the Planning Commission and answer any questions that the Commission may have. Senior Planner Harris provided an overview of the project. Attorney, Mr. John Lemmo, gave his name and address and indicated that he was representing the applicant of Peaceful Paws. He stated that the CC &Rs related to this subdivision are private land use controls, and stated that this is a proceeding about the application and the standards associated with the City's zoning Ordinance. The purpose of the zoning Ordinance is for consistency for zoning within the City and within the M -1 zone, and as stated in the Staff Report, this use was already approved within the City and within the zone and noted that it is important that they are consistent with what the Commission has approved. He discussed the legalities of the private land use controls, and indicated that the CC &Rs are a private civil action. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 4 of 17 The applicant, Mr. Sarit Dhupa of Peaceful Paws, gave his name and address. He indicated that they have been in this community for five (5) years and are grateful to be in the City. He stated that they have grown and are requesting to move into a new facility within a mile of where they are located now. Their goal is to provide a dignified farewell to family pets which they have been doing for the past five (5) years. He noted that the business is not a garbage disposal /animal incineration, it is a cremation facility. They have been good neighbors for five (5) years and haven't had any complaints. They have had Air Quality Management District Compliance visits frequently and their goal is to continue to grow and develop in the community. Ms. Vivianne Villanueva Dhupa stated that she is the wife of Sarit Dhupa of Peaceful Paws. She reiterated what her husband said and indicated that they have been good neighbors and happy to be in the community. They are consistently monitored by the Air Quality Control people and by the City. She said she understands why people are hesitant in having a crematory in their community and that people may have a fear of the unknown but cremation is a green resource and is better than burying, landfills, and rendering plants. She stated that they would appreciate the Commission's approval for a Conditional Use Permit because they want to continue providing a dignified farewell for the beloved family pet. She respectively corrected Mr. Harris's statement indicating that they deal with a lot of humane societies and unknown owners. 99.9% of their pets come from private pet owners. It is the pet owners choice to receive the remains back. They have the option to receive an urn back or to scatter the remains at sea and nothing is thrown away in dumpters or the trash. Mr. Hasseeb Qureshi, gave his name and address. He stated that he represented Urban Crossroads, Inc., the firm that prepared the air quality and health assessment studies for the project and indicated that the project findings are well below the South Coast Air Quality Management District's thresh holds for these types of projects and would not trigger any significant impacts. He also indicated that SCAQMP has reviewed their technical studies and concurs with their findings and would answer any questions that the Commission may have. Commissioner Jordan referred to Table 3.3 regarding existing air quality in the Staff Report and asked why parts of the study were taken in a different city and not in the City of Lake Elsinore. Mr. Qureshi indicated that the reason why the Study was not done in Lake Elsinore was because the Air Quality Management District does not provide the data for every monitoring station. Commissioner Jordan requested clarification of the days and hours of operation of the project should it get approved. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 5 of 17 Mr. Qureshi indicated that the reason why they operate twelve (12) hours a day seven (7) days a week is that this represents the maximum allowed under the permit that is currently on file with the Air Quality District and stated this represents a conservative estimate of all of the emissions and activities that occur. Mr. Dhupa indicated that their permit allows them to be open 7 days a week although they are normally open 5 days a week, Monday through Friday. Under other circumstances, if needed, the facility is open on weekends for an hour or less due to the death of a pet. Chairman Gonzales asked how long it takes to cremate a small cat or dog. Mr. Dhupa described the cremation process, and the length of time it takes for cremation. Chairman Gonzales asked how long it would take to cremate a horse Mr. Dhupa indicated that a horse would take longer to cremate than a cat or dog. Mr. Dhupa indicated that they have been capable for years to cremate horses and their machines are permitted for animals of that size but haven't opted to do it because of their physical plant. He noted that the whole process has to be dignified. Chairman Gonzales asked Mr. Dhupa if they would be cremating horses at the new facility since it is larger. Mr. Dhupa indicated that they are not planning on cremating horses routinely and have not addressed that issue. It is something that they may consider but it shouldn't alter anything. He explained the particulate of emission of various animals and stated that the emission in a horse is very limited because they are lean. Commissioner Morsch asked if the facility has scrubbers that treat the emissions before they leave the facility. Mr. Dhupa indicated that there are very few emissions and explained that it is not total incineration; they have very sophisticated equipment that reduces the amount of emissions and he requested that Mr. Qureshi explain the technical data. Mr. Qureshi explained the process of the emissions, and indicated that the emissions that come out are not pure but filtered and noted that the equipment that Mr. Dhupa utilizes at the facility is Mathews International which is a leading and cutting edge firm that manufactures cremation Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 6 of 17 equipment. All of their equipment has emission controls on the stacks which is a requirement not only from the Air Resources Board but also by the South Coast Air Quality Management District. Commissioner Morsch asked if they are subject to annual or semi - annual inspections of the emissions in the facility. Mr. Qureshi indicated that the Air Quality Management District has the authority to come whenever they chose for random site visits and frequently come unannounced or if any complaints are made. Commissioner Morsch asked how many complaints have been filed within the past five (5) years since the existing facility has been in operation. Mr. Qureshi indicated that to his knowledge, no complaints have been filed. They have done a thorough records review from the Air Quality Management District using their facility information database and there were zero (0) results. REQUESTS TO SPEAK Mr. Carl Johnson of Near -Cal, gave his name and address. He stated that he was the original developer of the area and indicated that when he first bought the land, he reviewed the CC &Rs with his attorney, and added something on there for the common areas because they felt that the CC &Rs met with what they wanted to do as far as a quality type development. He reviewed three (3) issues regarding the CUP. 1) He read the Manufacturing zoning description (M -1) that says the supposed use is not intended as permitted. 2) He stated that he read the CC &Rs and the exact use is not allowed. 3) He spoke to all of the owners that bought property in this area, and they do not want this animal crematory there. He indicated that the owners that bought the property knew what they were buying because the CC &Rs are on every Title Report on that property and he believes that the Commission should uphold the request of the rest of the property owners and not allow this use. Commissioner Jordan asked what the penalty is, if the CUP is approved and Mr. Dhupa opens the facility. Mr. Johnson indicated that there would be a lawsuit. Commissioner Jordan asked why the other owners have a problem with this use. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 7 of 17 Mr. Johnson indicated that it is a perception that the facility downgrades the property. Attorney, Mr. David Reynolds, gave his name and address. He indicated that he was representing the owners of the Pasadena Business Park and nine (9) of the owners have bought buildings approximately four (4) or five (5) years ago in what was then a new business park. He stated that based upon the CC &Rs and the zoning that existed for that property; the CC &Rs that were filed in 1986 as Matthew Harris indicated specifically prohibited the dumping, disposal, and incineration of reduction, garbage, and dead animals on this property. Under the Municipal Code, uses permitted in the M -1 district shall maintain an exterior environment free from odor, dust, smoke, gas, noise, etc. He noted that CC &Rs recorded on the property, run with the property and all owners and subsequent owners take ownership of that property upon notice that those obligations and rights exist and noted that the existing adjoining owners of this property object to this use that violates what they agreed to restrict when they bought into this development. He indicated that Mr. Harris stated that the CC &Rs are valid and run with the land and allowing this use in a light M -1 zone violates the zoning requirements of the Municipal Code of Lake Elsinore and if this use is allowed, there will be a lawsuit filed. Chairman Gonzales asked if the applicant looked at the CC &Rs for that property. Mr. Dhupa indicated that the CC &Rs they are for the entire subdivision, ar the time of the application process. are not CC &Rs for a particular block, d he was not aware of the CC &Rs at Commissioner Morsch asked if he had taken this up with the Title Company because this was not disclosed in the Title Report. Mr. Dhupa indicated that this issue was just raised a day ago, and stated that they will follow -up with the Title Company regarding this issue. He wanted to note that there has never been any notice given to the applicant that there has not been a violation of the CC &Rs for what he is applying for now, or at his existing property. He specified that the CC &Rs should be interpreted by a court of law and that the Commission has discretion to apply the City's Ordinance as they see fit. Vice Chairman Mendoza asked how long the application process has been in the works. Mr. Dhupa indicated probably about four (4) months. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 8 of 17 Vice Chairman Mendoza asked Mr. Dhupa if within the past four (4) months, were the CC &Rs disclosed to him. Mr. Dhupa indicated that the Title Company did not come up with those CC &Rs. They had one (1) day to research this and his understanding was that through a 3 rd party, there are two (2) separate parts to the development; one (1) of the CC &Rs is recorded, and the other isn't and this parcel is in the CC &Rs that is not recorded and this is the reason they didn't come up with Title. Vice Chairman Mendoza asked if Mr. Dhupa needed more time to come up with a definitive answer. Mr. Dhupa indicated that from his perspective, they feel that they are doing the right thing and that this is a private party matter. Mr. Reynolds indicated that all of the owners that have property in the area just got notice last week when the Notice of Public Hearing was posted and that the applicant never went to the owners within the last four (4) months to discuss what they thought about the proposed use of the property. He also stated that if he had contacted them during this process, there wouldn't have been a Public Hearing because they would have known back then that it was in violation of the CC &Rs. Chairman Mendoza asked if the Notice of Public Hearing got posted the previous week in that area. Senior Planner Harris indicated that per the City Clerk, the Notice of Public Hearing was posted accordingly. Also, the Notice of Public Hearing was mailed to residents /businesses within a 300 foot radius, published in the Press Enterprise which is ten (10) days prior to the Planning Commission meeting, and posted on the bulletin board at City Hall, all per the Code requirements. Mr. John Hassle, gave his name and address. He indicated that he and his wife own a building in the complex immediately adjacent to the crematorium and stated that he knows it is a necessary service but their business park is a beautiful park which raises the value of the City and it is a place they can be proud of. He asked the Commission to not approve this because he believes it will degrade the value of their property. He noted that the smoke and fumes could raise health and safety issues to the air quality. Commissioner Jordan asked Mr. Hassle why he feels that this use is going to degrade the property value. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 9 of 17 Mr. Hassle indicated again that they have a beautiful park and spend money to keep the landscaping and the streets up and indicated that it is a very high class neighborhood which he thinks contributes to the City. He said for a business to move in with the connotations that go with animal incineration is not good for the City, the neighborhood, and the surrounding areas. Charles gave his first name only, and address. He indicated that he owns a building that is next door to where they are planning on putting the crematorium. He stated that he has fourteen (14) employees and asked what they thought about this and they said they did not want the crematorium next door to their building. He indicated that they were one of the first businesses to come into the area, and wanted a business that they can be proud of and do not like the idea of this. Cam Shan gave her name and address. She indicated that they sold everything they owned to buy the building in this area and they comply with the CC &Rs and are law abiding citizens. She said she is an animal lover but is concerned about the length of time the animals will be there before they are cremated. Ms. Kay Hassle introduced herself and indicated that that one thing that has not been mentioned is whether Mr. Dhupa intends to lease or buy the building. The bank owns the building which has been repossessed. She stated that there are a lot of owners that have invested a lot of money into this park and are very proud of that. She also indicated that they were informed by a reliable source that cremation happens at night because of the black smoke going into the air. Mr. Dhupa thanked Ms. Hassle for her comment and indicated that they are in escrow to purchase the property, they are not leasing and it is a bank owned building. In the five (5) years that they have been in operation, they have never operated the crematory at night and 99.9% of their operation is done in broad daylight. They have never had any complaints against them. He noted that within the first two (2) months of operation, the Fire Department came to the facility once or twice for complaints of black smoke which came from the human crematory. Commissioner Jordan stated to Mr. Dhupa that she knows he spoke about being a good neighbor but asked how he feels that the nine (9) neighbors around him are in opposition of this. Mr. Dhupa indicated that he understands how people feel about this and it sounds potentially horrible but it is not. They are a discrete and successful operation. He explained the procedures and indicated that is a dignified disposal of someone's family member. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 10 of 17 Vice Chairman Mendoza stated that he knew that the facility has the capabilities of cremating horses but confirmed with Mr. Dhupa that they have no intensions of cremating them, and asked if that was correct. Mr. Dhupa said this was correct. Vice Chairman Mendoza asked Mr. Dhupa how the outcome of the Commission's decision regarding the project will affect the escrow of the building. Mr. Dhupa indicated that if they don't get a CUP, they will have to withdraw from the escrow process. Commissioner Jordan asked for clarification of the M -1 zoning and its intent even though it was approved previously. City Attorney Leibold indicated that it is not a permitted use and is not a specified conditional use but there is a catch all provision that allows the Planning Commission to evaluate a specific use and find that it is consistent with purposes of the M -1 zoning and ultimately it is a determination for the Planning Commission to make. She stated that the existing operation was allowed by way of a CUP in an M -1 zone which doesn't mean that this particular location is bound by that decision, therefore, the Commission has found in the past that this operation, given its particular circumstances and characteristics at that location was consistent. Commissioner Jordan asked City Attorney Leibold what the intent of the M -1 zoning is as of today. City Attorney Leibold indicated that ultimately it is up to the Planning Commission to evaluate the technical reports with respect to odor, air quality, etc. and determine whether or not there are impacts, and also if at this particular location this operation can operate in a manor that is compatible and consistent with the adjacent uses and the purpose of the CUP is site specific. She also said that the CUP that is issued on Hunco Way is unique to that location. Commissioner Jordan asked if this project is approved by the Commission, will it set precedence for future M -1s. City Attorney Leibold indicated that the CUP is location specific and looks at the adjacent uses and in order to approve the CUP, which is identified in the Staff Report, there are six (6) mandatory findings that the Planning Commission has to make to support the issuance of the CUP. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 11 of 17 Commissioner Morsch indicated that it is his experience that the governing agency doesn't get involved with private CC &Rs and asked if the Planning Commission has any purview over the CC &Rs. City Attorney Leibold indicated that the CC &Rs are only one (1) factual bit of information in the overall analysis and stated that staff felt that the existence of the CC &Rs did affect the ability of the Planning Commission to make the finding in Item E which is at the top of page 5 of the Staff Report. This states that in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof and proceeded to explain this use. Commissioner Morsch stated that he views this as two (2) issues which are the CC &Rs and the zoning issue and believes that approving this would set precedence. He stated that the applicant could go a long way into selling their product into new neighborhoods and making some kind of an agreement. He indicated that he has gone by the facility and said it was very clean and there was no evidence of what they are doing other than a smokestack coming out of the top of the building so maybe there is little justification, if any, for discrimination against the use but that is up to the applicant to let the adjoining business owners know that they are good neighbors. He stated that he counsels his clients to go out ahead of time to counsel their neighbors to what they are doing and talk to them so that it doesn't come to this. He questioned the staffs recommendation. Senior Planner Harris indicated that staff didn't analyze all of the uses in the business park to see what other uses were out there and didn't evaluate how it would playoff of other uses in the park at that time. Commissioner Morsch indicated that he didn't see any Conditions with the CUP and asked if staff felt that the project spoke for itself and if there were enough Conditions built into the Air Quality Reports. Senior Planner Harris indicated that there are Conditions but they held off including the Conditions into the Staff Report until the Commission decided whether this was appropriate to evaluate the use or recommend denial with regards to the CC &Rs. Commissioner Morsch asked Senior Planner Harris how the Commission could consider the project without looking at the Conditions, if they were in a position to approve it. City Attorney Leibold indicated that they would ask that the Commission to continue this item and direct staff to bring forward the appropriate resolutions on the categorical exemption for the CEQA determination and the findings necessary to support the CUP with the appropriate Conditions. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 12 of 17 Commissioner O'Neal apologized to Mr. Dhupa in advance for some of the questions that he would be asking. He stated that Mr. Dhupa and his wife indicated that they knew a lot of the Planning Commissioners and asked if he recognized some of the faces that were in attendance at the meeting when it was approved in 2005. Mr. Dhupa indicated that he recognized more than half of the Commissioners. Commissioner O'Neal stated that this wasn't true because he said he knew he was on the Commission and also John Gonzales. Also in attendance was Rolfe Preisendanz but none of the rest of the people were there. Commissioner O'Neal asked the applicant if he was purchasing a larger space so that they could do a larger volume of processing. Mr. Dhupa indicated that this was not the reason for moving into a larger space. He stated that their primary goal is to improve their efficiency and a bigger building would allow a more efficient production. Commissioner O'Neal asked how many pets they would be cremating a day. Mr. Dhupa indicated that they probably processed under twenty (20) pets a day. Commissioner O'Neal confirmed with Mr. Dhupa that they wouldn't be cremating horses. Mr. Dhupa indicated that it is not their intension at this time to cremate horses but have always had the ability to do so. He also stated that they have always believed in full disclosure and that is why he said that they might cremate a horse if needed but they are trying to be transparent which is what he claimed they have been from the outset. Commissioner O'Neal stated to Mr. Dhupa that he appreciated the information and was trying to understand the nature of their business. Commissioner O'Neal stated to Mr. Reynolds that he realizes that the legal documentation was distributed to the Commission in a timely manner, but the signatures that were gathered protesting the crematorium means very little to him. Mr. Reynolds indicated that if there were letters sent out, his clients didn't get them and he was just hired the week before the Planning Commission meeting. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 13 of 17 Commissioner O'Neal indicated that he recognizes that they are not guided by or bound by CC &Rs that may or may not exist but suggested that these issues can be resolved by continuing this item. Vice Chairman Mendoza indicated to Mr. Dhupa that he is glad that they are doing well at their current location, and he understands why they want to move but referred back to the CC &Rs and said that if he was a property owner, he would understand how they feel. He concurs with Commissioner O'Neal to continue this and try to work this out with the property owners. Commissioner Jordan indicated that she agrees with Vice Chairman Mendoza and Commissioner O'Neal to have the CC &Rs resolved because it would be hard to approve this knowing that there could possibly be a lawsuit involved if it is approved. Commissioner O'Neal indicated that he and the other business owners respect what Mr. Dhupa is doing but this isn't what the business owners bought into. Chairman Mendoza indicated that he went by the building and it is very clean and one would never know that it is a crematorium. He believes that Mr. Dhupa takes pride in his work and is a good man and deserves every chance that he can get. Commissioner Jordan asked if any of the neighboring owners toured his current facility and if they have seen smoke or smelled odors or are they going by what they have heard. The business owners said there wasn't enough time to check out the facility before the Planning Commission meeting. Commissioner Jordan requested to make a motion to continue this until the CC &Rs are clarified. Chairman Gonzales asked Mr. Dhupa if this item is continued, would it affect the escrow. Mr. Dhupa indicated that they extended the escrow and they have to provide the bank with a statement by Friday, January 21 st. He also stated that they welcome the neighboring business owners and any and all of the members present to tour the facility. He indicated that their real estate agent extended the opportunity to meet with them at their convenience but believes that people were so bothered by the concept that they were not willing to go any further and their request to meet with their neighbors was denied. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 14 of 17 Vice Chairman Mendoza suggested anyone visiting the facility should have an open mind. Mr. Dhupa indicated that they have data that shows that any hamburger stand in the U.S. produces significantly more emissions than all of their machines combined and hamburger stands are running sixteen (16) hours a day and there are thousands of them. Commissioner O'Neal extended his apologies to Mr. Dhupa for the problems that he was having with the real estate people and the closing of the escrow but there are issues that need to be resolved. Mr. Dhupa indicated that he understands completely, and believes from what he has heard that if a continuance is appropriate then they are willing to do that. The bank wants to get rid of the property because it is in foreclosure. He indicated that if the continuance is the right thing to do then they would appreciate the opportunity to meet with their potential neighbors and allow them to tour the facility. Commissioner O'Neal noted that Mr. Dhupa has represented himself well and can see what kind of an individual he is but is not sure what will come of this. Vice Chairman Mendoza indicated that all the Commissioners can do is grant a continuance. Ms. Dhupa reiterated what Mr. Dhupa said and indicated that they don't want to be disliked by their neighbors and explained the process of cremation. She did say that they take pride in their work. Chairman Gonzales thanked both sides for their input and indicated that this item would be continued to February 1st. Commissioner Morsch indicated that the Commission's decision on this matter should be on the fundamentals of the zoning, the use, the business neighbors in the area, and the impact on the community, etc. The issues regarding the CC &Rs he believes to be a civil matter between the parties. MOTION was made by Commissioner Jordan, seconded by Vice Chairman Mendoza and unanimously carried to continue Conditional Use Permit No. 2010, an animal crematory facility within an existing Industrial building located at 18345 Pasadena Street, to Tuesday, February 1, 2011, Planning Commission meeting. AYES: Chairman Gonzales, Vice Chairman Mendoza Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 15 of 17 NOES: None ABSENT: None ABSTAIN: None Commissioner Morsch asked if the Conditions of Approval will be included in the Staff Report for the February 1 Planning Commission meeting. City Attorney Leibold indicated that the Conditions of Approval will be included in the Staff Report. Commissioner Jordan stated that if the Conditions were not included, the Commission wouldn't be able to approve it, therefore, she prefers to have the Conditions included for the February 1 Planning Commission meeting. City Attorney Leibold indicated that Senior Planner Harris has prepared the CEQA, and the CUP resolutions with Conditions so they will have it in the alternative and the Commission can make their determination. STAFF COMMENTS Chairman Gonzales asked Public Works Director Seumalo when the striping would begin at 4 corners. Public Works Director Seumalo indicated that they are not sure and stated that the pavement has been completed but the work has not been accepted because the asphalt fell apart. They are having an independent lab analyze the final lift of asphalt and will follow up with them. He also indicated that the River Walk project is moving forward and they will be installing signs and finishing the project by the end of the month. Senior Planner Harris had no comments Office Specialist Porche' had not comments. City Manager Brady noted that the Unity Community Parade that was scheduled for March 5, 2011, has been moved up to February 26, 2011. This was announced at the January 11, 2011, City Council meeting. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 16 of 17 PLANNING COMMISSIONER'S COMMENTS Commissioner Morsch congratulated staff for the play equipment at McVicker Park. Public Works Director Seumalo thanked Commissioner Morsch for his comment and noted that this was a Parks project and will pass that this information to the Parks & Recreation staff. Commissioner Jordan had no comments. Commissioner O'Neal indicated that he counted forty nine (49) illegal signs between his house and his office. Vice Chairman Mendoza thanked staff for the great job they did during the storms. Chairman Gonzales indicated that he met with Councilmember Tisdale regarding the house down the street from his and stated that the road is ready to collapse and has to be repaired. City Manager Brady indicated that Public Works is aware of this and indicated that Public Works Director Seumalo has been out there with the Public Works Manager as well. Chairman Gonzales closed the Planning Commission meeting in memory of those in Tucson. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 7:25 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, February 1, 2011, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, Ck92530. Chairman Respectfully Submitted, ristine Herrington Office Specialist Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of January 18, 2011 Page 17 of 17 Attest: