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Home My WebLink AboutAgendaCITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA JOHN GONZALES, CHAIRMAN PHIL MENDOZA, VICE - CHAIRMAN SHELLY JORDAN, COMMISSIONER RICK MORSCH, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER ROBERT A. BRADY, CITY MANAGER W W W.LAKE- ELSINORE.ORG (951) 674.3124 PHONE (951) 471.1419 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 1, 2011 6:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Planning Commission with valuable information regarding issues of the community. Meetings are normally held on the 1 St and 3` Tuesday of every month. If you are attending this Planning Commission meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours priorto each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available in the Community Development Department on the Thursday prior to the Planning Commission meeting. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Community Development Department at (951) 674 -3124, ext. 289, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Planning Commission. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the podium, priorto the start of the Planning Commission Meeting) Lake Elsinore Planning Commission Agenda Regular Meeting of February 1, 2011 Page 2 of 3 CONSENT CALENDAR ITEMS) (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item.) PUBLIC HEARING ITEM(S) (Please read & complete a Speaker's Form at the podium prior to the start of the Planning Commission Meeting. The Chairman will call on you to speak when your item is called) (1) Con ditional Use Permit No 2010 -077 A request to establish an operate an Animal Cre matory Facility within an existing Industrial building located at 183 Pasadena Street (APN: 377 - 130 -049) Recommendation: Accept the applicant's withdrawal request. Matthew Harris, Senior Planner Ext. 279 mharris(a_)lake- elsinore.org BUSINESS ITEMS (2) Genera Plan Conformity Determination for Proposed Street Vac ation of a po rtion of Riley Street Recommendation: Adopt a resolution determining that the vacation of a portion of the street right -of- way on Riley Street between Sumner Avenue and Pottery Street is in conformity with the City's General Plan. Justin Carlson Redevelopment Agency Analyst Ext. 314 icarlson(a�lake elsinore.org STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, February 15, 2011, at 6:00 p.m. to be held atthe Cultural Centerlocated at 183 N. Main Street, Lake Elsinore, CA 92530. Lake Elsinore Planning Commission Agenda Regular Meeting of February 1, 2011 Page 3 of 3 AFFIDAVIT OF POSTING I, ROBERT A. BRADY, Secretary to the Planning Commission, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. HssH January 27, 2011 ROBERT A. BRADY DATE CITY MANAGER CITY OF i�� LADE LSIIYOKE DREAM E?(TREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 1, 2011 SUBJECT: CONDITIONAL USE PERMIT NO. 2010 -07: A REQUEST TO ESTABLISH AND OPERATE AN ANIMAL CREMATORY FACILITY WITHIN AN EXISTING INDUSTRIAL BUILDING. THE SUBJECT PROPERTY IS LOCATED AT 18345 PASADENA STREET (APN: 377 - 130 -049) APPLICANT: SARIT DHUPA, PEACEFUL PAWS LLC,1042 N. EL CAMINO REAL #13-205, ENCINITAS, CA 92024 OWNER: PROVIDENT BANK, 3576 CENTRAL AVENUE, RIVERSIDE, CA 92506 Background On January 18, 2011, the Planning Commission considered Conditional Use Permit No. 2010 -07 to establish and operate an animal crematory facility within an existing industrial building in the middle of a light industrial park located at 18345 Pasadena Street (APN: 377 - 130 -049). After considering all applicable testimony, the Commission voted to continue the item to the February 1, 2011 Planning Commission meeting to allow time for the applicant to further research the applicability and validity of possible Covenants Conditions and Restrictions (CC &R's) which may prohibit the proposed use onsite. In addition, the Commission requested that the applicant undertake additional outreach measures with adjacent property owners. Discussion On January 24, 2011, staff received correspondence from the applicant (see attached) requesting that the Conditional Use Permit (CUP) application be withdrawn stating that PC February 1, 2011 Item No. 1 Page 1 of 4 CONDITIONAL USE PERMIT NO. 2010 -07 FEBRUARY 1, 2011 PAGE 2OF4 upon the completion of further research subsequent to the January 18 meeting, it was determined that it was not in the applicants best interest to pursue the CUP any further. Recommendation Accept the applicant's withdrawal request. Prepared By: Matthew C. Harris, Senior Planner Approved By: Robert A. Brady, PC* 9x City Manager Attachment: 1. Applicant Withdrawal Letter CONDITIONAL USE PERMIT NO. 2010 -07 FEBRUARY 1, 2011 PAGE 2OF4 upon the completion of further research subsequent to the January 18'' meeting, it was determined that it was not in the applicants best interest to pursue the CUP any further. Recommendation Accept the applicant's withdrawal request. Prepared By: Matthew C. Harris, Senior Planner Approved By: Robert A. Brady, Mc City Manager Attachment: 1. Applicant Withdrawal Letter PC February 1, 2011 Item No. 1 Page 2 of 4 u 11[nzu11 09:41 TAX) P. 0021002 Pet Cremation spawn & Memorials JAN 2 7 2011 CITY January 27, 2011 Mr, Matdtew Harris Senior Planner Citv of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Ile: CUP No. 2010 -07. Peaceful Paws,LLC, 18345 Pasadena Street Dear Mr Harris Please accept this letter as confirmation that we are withdrawing our application for the above mentioned Conditional Use Permit. Alter careful and complete review of all the facts, we do not believe it is in our beat inter- ests to pursue this matter any further. Please note that despite a thorough tide search, and the assistance of a local Realtor, we were unaware of recorded CCWs =012 business days before our hearing We under- stand that the City was also unaware of these CC&R's. We would like to remain in the City of Lake Mlsnore and will continue to pursue other opportunities ities within the community. We request that you forward this letter to the City Attorney and distribute this conanuni- cation to the Planning Commissioners in advance of the newt scheduled hearing. We would also like to express our sincere gratitude to you, City staff mid the Planning Com- missioners for their efforts and diligence in this matter. Thank you very much for your attention to this matter. Best Regards, San ,pa - Orcmer PeauceM Paws, LLC �v Viv ianne DAupa - Oanaer Peaceful Paws, LLC Msll tpAdduae: 1042 N. EI Ca m lno Real Ste &206 Enclnbs, CA 92024 (951) 2"54 (951) 2450267 fax PC February 1, 2011 Item No. 1 Page 3 of 4 NEAR- CAMORP. GENERAL CONTRACTORS [fIi1 °siaui ; if t FLU JAN 2 7 2011 January 20, 2011 City of Lake Elsinore Planning Commission 130 S. Main Street Lake Elsinore, CA 92530 Re: C.U.P. Animal Crematorium Planning Commission Members: !lr g _ y r L�[i�bi 5331`1 t.7 _La, ;: Fw_VfV I am writing this letter to express my views as to the request for a C.U.P. for an animal crematorium: The subject parcel is in an industrial complex that has recorded CC &R's that specifically excludes the intended use stated in the CUP. If the planning commission allows the CUP, this would violate one of the required areas of mitigation specifically paragraph E of 17.168.060, "This is approving the subject use at the specific location, there will be no adverse effect on the abutting property on the perimeter and normal use thereof'. The adverse effect would be litigation that will most likely come about due to the violations of the CC &R's. For this reason alone I feel the planning commission should vote this CUP down. I personally have visited the existing facility and find no fault with the current operation. I also feel that the use and the way the operator provides it is in great need in the area, but, since CC &R's prohibits the use in this industrial park I feel it cannot be allowed. Carl Johnson President, P.E. CJ /ms cc: Dave E. Reynolds- Lewis, Brisbois Bisgaard & Smith r ' dry - CUFOR License No. A/B 230077 512 Chaney Street, Lake Elsinore, California 92530 -2711 951 245 -5400 Fax: 951 245 -5408 www.nearcal.com Member of International Council of Shopping Centers PC February 1, 2011 Item No. 1 Page 4 of 4