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HomeMy WebLinkAboutItem No. 1CITY OF LADE LSMORE DREAM EXTREME REPORT TO PLANNING COMMISSION TO: FROM DATE: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT FEBRUARY 16, 2010 SUBJECT: APPROVAL OF MINUTE(S) Discussion The following Planning Commission minute(s) are submitted for approval: Recommendation: (a) Planning Commission Meeting Minutes January 19, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Jessica Guzman Office Specialist Approved by: Tom Weiner Director of Community Development PC February 16, 2010 Item No. 1 Page 1 of 12 ITAIIa1y PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 19.2010 CALL TO ORDER Chairman Flores called the meeting to order at 6:05 PLEDGE OF ALLEGIANCE Vice -Chair Gonzales led the Pledge of ROLL CALL CHAIRMAN FLORES VICE - CHAIRMAN GON COMMISSIONER MEN COMMISSIONER O'NE nity Development Weiner, Deputy City Attorney ;ity Engineer Seumalo, Police Chief Cleary, Manager Chipman, RDA Analyst Carlson, and 1. Approval of Planning Minutes Recommendation: Approve the following Minute(s): a. December 15, 2009 Regular Planning Commission Minutes PC February 16, 2010 Item No. 1 Page 2 of 12 CONSENT CALENDAR ITEM(S) Planning Commission Meeting January 19, 2010 MOTION was made by Commissioner O'Neal and seconded by Commissioner Zanelli to approve the December 15, 2009 Regular Planning Commission Minutes. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE PUBLIC HEARING ITEM(S) RAI 32250 Mission Trail, Lake Elsinore. Recommendation: Direct staff as Chairman Flores opened the Public Due to conflict of in Chairman Flores a,E Director of Communi /��, Use Perini { %t� o�� „�OE different actions is r to, March 20, 2007:`” Decer ber 15, 2009 2009 HWstated there Chairman Fbresrequ Michel Knight op ab the Planning Commis: himself at 6:06 p.m. request and;asked for the reading of the staff report. / Development � / , leer provided an overview of Conditional 09 He state4e staff report contains a time -line of the by the Planning Commission and the City Council dating back le notes] item came before the Planning Commission on 91 six-P// review and a previous CUP approval in June several options the Planning Commission may consider. the applicant to approach the podium. of Trevi Entertainment Center introduced himself to Chairman Flores requested any speakers to address the Commission that is in favor of the project. Daryl Hickman, resident of Lake Elsinore spoke in favor of the project. He noted his concerns for the economy and noted Trevi Entertainment puts thousands of dollars into the City's General Fund. He noted the numerous police service calls that were PC February 16, 2010 Item No. 1 Page 3 of 12 Planning Commission Meeting January 19, 2010 reported and pointed out that Target and Wal -mart have more service calls than Trevi. He stated the issues with Trevi Entertainment has been going on too long and would like to see them resolved. Chairman Flores asked if anyone else wished to speak in favor of the project. There being no further requests to speak, Chairman Flores asked if anyone wished to speak against the project. Office Specialist Porche advised Chairman Flores of a lettegof opposition that was received by Danielle Rice which was read into the record. Chairman Flores closed the Public Hearing at 6:15 pyn and brought the discussion back to the dais for Commissioner's comments. %% Commissioner Mendoza agreed with Daryl ,H'rckrrian's comments that something needs to be resolved. He stated he was glad that h out t-, — erences in calls however pointed out that Wal- marts ogel hours a day, 7 days aweek. He stated there is spirit of the law and letter of tai f ar tl J Planning "Commission has granted him spirit of the law for three years „He stated he used to be one of Trevi's biggest fans but it seems .though Trevi al" ways comes back with something else going on. Every time he g'6"M'1 up to speak to "the planning Commission, he - , ,a shows not one ounce of remorse at lames everyone end everything that goes wrong with the project. He wished these issues would "have been resolved six- 4 months ago, but unfortunately it hasn �� , Commissioner ONeal expressed to fRe audience that he runs an insurance company and is fetlllar wit' riisk manageinent�. He noted it is the responsibility of an insurance company to Inspect the premises: He stated he has made numerous visits to Trevi and ha not be heard outside. He stated he has a pro�nwit�ie „ corrip1I is of the noise. He stated there have been times when Mr�lght has not c9�nplled init h the requirements and stated he has stressed to the Cnd staff that� should be "'fined for the violations, which do not warrant revocation of the e regoested the Deputy City Attorney to explain what the CUP do s4or the land aria landowner. Deputy City Attorney 0,bterswyk stated if a property owner filed an application for a CUP, from the time ahe application is filed until the time the final approving body either approves or denies the CUP the property owner is deemed to have a small interest in the CUP. Once the CUP has been approved the interest becomes significant. Property owners have what is known as a vested right. In order for the City to be justified in taking action adverse to that vested right, the City must act reasonably and must act in accordance with the standards that are set forth in the City's Municipal Code. She stated the government code does not establish a set of criteria by which a city must evaluate a CUP or the possibility of revocation of the CUP. Instead, the government code leaves the policy making and regulation up to PC February 16, 2010 Item No. 1 Page 4 of 12 Planning Commission Meeting January 19, 2010 the City to establish, which is how we look to our Municipal Code for the standards that we use in evaluating CUP's for both issuance and or suspension. Commissioner O'Neal asked if a number of constitutional rights go along with the CUP, such as equal protection. Deputy City Attorney Winterswyk replied by saying perhaps, it depends on the facts and circumstances of each particular case. Commissioner O'Neal stated that based on his experienceas a risk management individual, he doesn't see the problems that others see and doesn't believe that the number or violations that are presented arise to having the CUP revoked or suspended. �4, Commissioner Zanelli pointed out there has beef�k-afiiree -year history of continued violations regarding the building and fire codes He stated the City'has made many efforts to work with the applicant and yet /h,,�has continued to decldev ,pat the City's codes do not matter to him. He stated he does not w�at to risk having omeone die because of a locked door and because of that he °din no long e support the operation in the way it is being conducted. Chairman Flores asked Director community Develmp ent Weiner if the stage MY area includes dancing and live entertam`raent�% Director of Community DevelopmentVei_er replied by saying the sports bar area includes dancing ar��tve entertainmen�Jhich was included in the CUP. Chairman Flor ssf�� quested #Fie applicant tp,approach the podium. Michel Kni addressed hid concerns to Commissioner Zanelli including the CUP was ���ri years 61 nd not three years as mentioned and feels that he (Cora ussioner Za,'gel I hasp eady made up his mind regardless of what he said. �i He 1q rated out to h?' omrifr lori't at he was required to have sprinkler systems yet th' ity s Cultural�� enter dies not. He advised the Commission of the area that was loN, at his facil, 0was a storage area and contained only storage materials. He asked a series lquestions to Chairman Flores. Deputy City Attorney Winterswyk answered, i his behalf. They areas follows; Michel Knight asked if Chairman Flores is chairman of the committee and a public official within the' eaning of the rules. Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the regulations that apply to the Political Reform Act then the answer is "yes." Michel Knight asked if Chairman Flores is participating, making or influencing a government decision. PC February 16, 2010 Item No. 1 Page 5 of 12 Planning Commission Meeting January 19, 2010 Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the regulations that apply to the Political Reform Act then the answer is "yes." Michel Knight asked what are Chairman Flores's economical interests and the possible financial conflicts of interest with the applicant, such as a business investment, real property or sources of income. Deputy City Attorney Winterswyk replied by saying he h , ad�ffi nancial sources of income from the applicant. Michel Knight stated that Chairman Flores has in es in the City one of which is known as Las Palmas Restaurant. He a ed the same DJ that plays there at the restaurant also plays at Trevi. He asked- fr cd'pies of the CUPJor Las Palmas live entertainment and was told there wa� one, issued. He stated ,chairman Flores has a conflict of interest because h"e a.direct eomoetitor. Chairman Flores asked Mr. Knight if he was including restaurants along Main Street that play music, or was he just singled out. Michel Knight replied by saying thou the entertainment of newspapers a spoke of Chairman Flores busir improvements at tl� / W,almas II business. He %noted California discusses flnanie j, terest I a gov( to recuse himself. coming up. He at ted he is tired of being Is being eery stratghttorward about it. He property rtd how he has conducted �staurant w rch is only two- blocks from his )vernment Codes Sections 87100 which neat official and requested Chairman Flores L Winterswyk to speak on his behalf. 4g�ty City Attorney UVinterswy;;responded to Michel Knight's reading of California GoverVent Code Section 109U the conflicts of interest which arise as a result ofcontract that :'a public body enters into where the public official has an interest it contract that is entered into. She stated Section 1090 does not apply to this cas %b ore the Commission because the Commission is not considering entering into a'/ tr t with Mr. Knight or with Trevi Entertainment. The item that is before the Comrssion is a CUP which is a license to operate a business and not a contract within the meaning of Section 1090. She stated she spoke with Chairman Flores before the meeting about any potential conflict of interest and concluded that there is no financial conflict of interest that would require Chairman Flores to either disclose the interest or to disqualify him from consideration of the item before the Commission. The way that Mr. Knight has categorized conflicts of interest is not entirely accurate. Conflicts of Interest do not arise as a result of business competition or business conflict. Conflicts of Interest arise based on business investments, as a result of income, results of gifts, or results of real property PC February 16, 2010 Item No. 1 Page 6 of 12 Planning Commission Meeting January 19, 2010 interests, of which none of those interests are at issue here. She stated the closest factual situation which could possibly have lead to some question about a conflict of interest was the notion of a birthday party that was held at Las Palmas Restaurant and it was determined that it was not an interest that rose to the level of a conflict of interest. She stated, based on the discussion with the City Attorney's office Chairman Flores will not recuse himself. Michel Knight stated that he hopes that Chairman Flores received correct advice because he stated he has four conflicts of interest and his attorney would proceed with the matter and asked him again to recuse himself. Chairman Flores replied by saying, "No sir, I'm not." Michel Knight advised the Commission that he wofild like to sh%! a video of a recent birthday party held at Las Palmas Restaurant which is currently shown on Youtube.com. Commissioner Mendoza asked Deputy City Af *,pey,Winterswyk if this Nas relevant to the CUP before the Commission. Deputy City Attorney Winterswyk ' ated the Brown -A� requires the Commission o,�, consider evidence and information that I �I only t9 f1e item that is agenized. She reminded the Commission that the item a , was agenized is the consideration of modification of CUP No 2008-09.', �[h for dbes not involve Las Palmas Restaurant. Michel Palmas not 6 1 ,,problem, he ;w ould not discuss anything about Las d it vurl�.be at anotheP:tr`r eetina. a copy' of his PowerPoint presentation titled No. 2008 -09 Lake Elsinore Police Report Statistics Commissioner O'Ne, Knight hari °ded to the a recess in order to review the recent material Mr. Chairman Florea call,[' for a recess at 6:48 p.m. Chairman Flores "called the meeting back to order at 6:53 p.m. and requested Mr. Knight to continue with this presentation. Michel Knight provided a PowerPoint presentation to the Planning Commission which provided data regarding police service calls. He discussed establishments in Lake Elsinore that had police reports taken from June to December 2009 based on the Riverside County Sheriff Department Data and noted the Bikini Beach Club came in at 10% where his business came in at 8 %. He asked why they (Bikini PC February 16, 2010 Item No. 1 Page 7 of 12 Planning Commission Meeting January 19, 2010 Beach Club) have not had to come before the Planning Commission and stated he does not believe that he is here because Trevi is a threat but because it is politically motivated for the past year. He showed pictures to the Commission of three under age children which he had to call the police department to report for intoxication. He questioned why this would be included into the statistics for saving a child whose life was in danger. Chairman Flores pointed out to Mr. Knight if he would like to read into the record the last page of his presentation which discussed other political reasons. Michel Knight stated the CUP entertainment permit twisting against Trevi ownership by several membe of the Planning Commission (pointing to Chairman voted on the CUP concerning Trevi in violation Section 87100 and California Government Code have recused himself from attending any meefing n Commissioner O'Neal asked Mr. Knight how VE incident to the Police Department such as the one;' may have been affected by alcohol or drugs, threatening. L? . i used as a political arm - i Council, and a member A66 -have discussed and )rn% ;Government Code 8710 G� en he should the Tre���sue., sS,did he hav to report an ned earlier where someone the incident could be life Michel Knight replied by saying he" 1 ntirw an eXact number but it is very clear in Police Chief Cleary's report regarding ���re of the incident. From the ��2�� 111 police reports Ito between June and Dece er 2009, eight (8) merited a report. - Chairman Flores requested recess at 7:08,p.m. �r Chairmanylo�es F called f�e=Eneeting bactC to order at 7:10 p.m. and requested if there were, anv addition' comments from the Commission. endoza.aske "any of the other establishments that Mr. Knight had up for' view by the Planning Commission. Director of't mmuni�'Development Weiner replied by saying there are certain establishments in La'e Elsinore that are legal non - conforming, however there aren't 7 any that are undW'any type of periodic review. He stated the establishments that have a CUP coed come before the Commission should issues or code violations arise. Commissioner Zanelli asked if Police Chief Cleary would like to add any information. Police Chief Cleary stated the department has tried to separate the costs of service calls. He pointed out that most cities in the report are larger than the City of Lake Elsinore and in terms of a ratio there is a higher impact on the law enforcement PC February 16, 2010 Item No. 1 Page 8 of 12 Planning Commission Meeting January 19, 2010 because of the size of the Police Department. He stated the assessment of the problems has been identified. He does not have any problem with Mr. Knight hosting events, but does have a problem with him hosting events and not providing, as he promised to do, the level of security and notification to the Police Department. Chairman Flores asked if the Commission has any other comments. There being no further comments, Chairman Flores called for a motion. MOTION was made by Commissioner Zanelli and Mendoza to revoke CUP No. 2008 -09. AYES: CHAIRMAN FL COMMISSION COMMISSION NOES: ABSTAINED: ABSENT Deputy City Attomey,:Winti appeal and the filing period None Public Works Di COMMISSIONER VICE- CHAIRMAN NONE LLI by Commissioner explained to the applicant the procedures of filing an the dais at'7:17 p.m. Engineer Seumalo commented on the following: • He spoke of the Capital Improvement Project known as the Machado Park Restroom Renovation is underway and expects the project to be completed within a few weeks. • He spoke of Lakeshore Drive paving, which has been stalled due to weather conditions however half of the streets have been paved and staff is moving forward. • He addressed the recent storm activity and noted staff crews have been out cleaning, sandbagging and repairing since Sunday. He stated there has been PC February 16, 2010 Item No. 1 Page 9 of 12 Planning Commission Meeting January 19, 2010 significant tree related damage which has been cut down and moved to the side of the road. He provided his phone number to the Commission to be used in the event something needs attention. Director of Community Development Weiner commented on the following: • No comments. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: • He thanked Chief Cleary for his report. "He statedA, reps J is he based his issue regarding public safety." He stated he had e,opportuhftYAo review a prior CUP. He stated through the modifications and the bontinuance of n compliance, the police report brought forth the most important issue in the com ,and that is public safety. Vice - Chairman Gonzales commented on the • He spoke of the steps leading tc,3�,fte Cultural Center that ; needs to be repaired. Public Works Director /City Engines eurrtal stated he `would advise Parks and Recreation Director Pat Kilroy of th ituatron, "hQwever?'he stated he would put a temporary patch on the steps in the interim." Commissioner Mendoza commented on the following: • He thanked BuIldlrg ar�d Safet Code Enforcement Manager Chipman and Police Chief 1 r attenBFighe m "fit • He s �cj of d, ading5j ing place'at La Strada and clarified that the grading should cease on" ary Q. Public Works Director /City Engineer Seumalo st , t .staff is move � rward the environmental investigation and it is being reque �d to have th N �ity G� ncil extend the grading until the investigation has been cor�eted. Commissioner Mendoza asked if the developer /owner would be responsib7 grading, a dirt road when they have completed their project. Public �u �. Works Director' Ity gineer Seumalo stated he will speak with the Engineering Inspectors to eraf,at the road is maintained and that it can service emergency vehicles. Commissioner O'Neal commented on the following: • He spoke of the issues with traffic at the Terra Cotta Middle School. Public Works Director /City Engineer Seumalo stated he has addressed the issues with the City's Traffic Engineer. The Traffic Engineer observed the issue and is trying to hold a meeting with the Principal of the middle school before staff takes any action. PC February 16, 2010 Item No. 1 Page 10 of 12 Planning Commission Meeting January 19, 2010 • He asked of the progress at Gunnerson and Riverside Drive. Public Works Director /City Engineer Seumalo replied by saying staff is aware of the issues and they continue to research funding. He stated Councilmember Magee spoke with State Assemblymen Jefferies office and they had CalTrans move on the relinquishment. The CalTrans District Director stated they have considered the section between 1 -15 and Ortega. • He thanked Deputy City Attorney Winterswyk for all her work with the Trevi matter. Commissioner Zanelli commented on the following: • He thanked staff for their help with all the issues with 27 years working in the emergency services and thi pet -peeve of his. He stated he may have seemed'. however, the applicant has repeatedly demonstrate d weight. Should the applicant appeal, the City Cow hopes they make the right decisions, ADJOURNMENT It was the consensus of the Commission to a( Planning Commission meeting at 6:00"p m. Elsinore, CA RAW at 7.28 p.m. wi: He stated he has spent ea;that was discussed is a sh in his motion to revoke word dapsn't carry a lot of will decldb, >" hat to do and :tie February 2, 2010, Regular at 183 N. Main Street, Lake JIMMY FLORES CHAIRMAN Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III PC February 16, 2010 Item No. 1 Page 11 of 12 Chairman Flores adioame Planning Commission Meeting January 19, 2010 ATTEST: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT PC February 16, 2010 Item No. 1 Page 12 of 12