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HomeMy WebLinkAboutItem No. 1CITY O F .%tea. LADE LSII` OKE BREAM EXTREME REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A.BRADY CITY MANAGER DATE: MAY 27, 2010 SUBJECT: APPROVAL OF MINUTE(S) Discussion The following Planning Commission Meeting Minute(s) are submitted for approval: Recommendation: • Planning Commission Meeting Minutes May 28, 2010 Recommendation Approve the Minutes as submitted. 1 Prepared by: Kristine Herrington V Office Specialist Approved by: Bob Brady City Manager PC June 1, 2010 Item No. 1 Page 1 of 11 Page 1 of 10 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES MAY 18, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Commission held on Tuesday, May 18, 2010 to order e Center, located at 183 N. Main Street, Lake Elsinore„ C PRESENT: Chairman Flores, Vice Mendoza, Commissioner ABSENT: None Also present: City Manager Brady, City Staff members present inc Associate Planner Resendiz, Commissioner Zanelli Agency Analyst Carlson, The lU Gonzales. Patrick Germon \ga�:e" his name and address. He indicated that he was in attendance at the fanning Commission meeting to discuss the future of Armory Hall, the oldest public building in the City of Lake Elsinore. He requested that the Commission address the utilization of the building and referred to the ADA requirements. He recommended that the building be used for a church and requested that the Commission Grandfather in Armory Hall. City Manager Brady indicated that Armory Hall is a very old structure and the City does want to keep the structure in town. He indicated that a CUP is still required for a church, and ADA requirements do need to be addressed. Elsinore Planning p.m. in the Cultural PC June 1, 2010 Item No. 1 Page 2 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 2 of 10 CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): • April 6, 2010 MOTION was made by Vice - Chairman Gonzales, seconded by Commissioner Zanelli to approve April 6, 2010, Planning Commission Minutes. �& AYES: Flores, Gonzales, Mendoza, O'Ne0,,,Zanelli. NOES: None. ABSENT: None. PUBLIC HEARING(S) (2) Staff is re= esting that0this pro)e��`� continued to allow staff additional time to fu h yvork its he plic t to address project concerns related tot changa o cc5 pan. d uirements by the Building and Safety Rivslde County ire Department. Therefore, with the nsent ofhh, Pialnpng Commission, staff requests that this item be at recommended that this item be continued off calendar MOTION was ` ., by Commissioner Zanelli, and seconded by Commissioner Mendoza to continue Conditional Use Permit No. 2010 -02 off calendar. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. PC June 1, 2010 Item No. 1 Page 3 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 3 of 10 (3) Facility City Manager Brady provided an overview of the project and requested that Redevelopment Agency Analyst Carlson review it with the Commission and answer questions. Redevelopment Agency Analyst (RDA) Carlson noted to the Planning Commission specific corrections to the following Conditions of Approval: • Condition No. 5 • Condition No. 15 • Condition No. 17 RDA Carlson indicated that per th the project was being reviewe, suspension, and /or revocation of 27, 2010, and April 30, 2010, Plan applicant, Mr. Hiner to discuss the to be modified. RDA ;a rlon l Conditions that were eithe non`s indicated that staff was re 6mmE requested that Commissro dil modifying th g�K, CUP a k would be Anted next Planni g the next n4,Re�y days I e�est of the PlaS�g Commission /gain for a possible x rft�odification, ,xisting�C He stated <`at on April urtgaand rgineering staff met with the ianous- onditions that were supposed rovldet the Commission a list of ga Qmpliance q needed modification. He idng conti�ce of the project and pct staff to r are revised Conditions, j9' revisMtV odifications of Conditions Commission meeting for review within The applicant,'Randy Hiner�s't d fiis name and address. He indicated s he e it hl _Laff on Apn 7, and April 30, 2010, to review the 4wondltlonsNhid too towards getting the Conditions into compliance within a shod ti m e. He stated that he agreed with staffs ft reco mmendatio" and , ted that there were a total of forty four Co 'ions, of t =se, twenty four Conditions were completed. He requ ted that nee Conditions be modified and indicated that eleven Conditions, haveetot been completed. Commission'b'r O'Neal requested clarification regarding Condition No. 2, and recommended modifying this Condition. City Attorney Leibold proposed that the Community Development Director initiate revocation proceedings if project plans that are submitted to the City are inconsistent with existing use in accordance with the General Plan and applicable Specific Plan. PC June 1, 2010 Item No. 1 Page 4 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 4 of 10 Commissioner O'Neal requested that Condition No. 4 be deleted regarding Noise Studies /Noise Readings because it is subjective and therefore, unenforceable. Chairman Flores referred this request to City Manager Brady. City Manager Brady indicated that if there is a noise complaint, it is difficult to measure. Chairman Flores asked City Attorney Leibold if the requirement was a necessity in order for the CUP to be in compliance „'?M;: City Attorney Leibold stated that the Planning Commission can include, delete, or modify a Condition, as it sees fu nd n '04 that this was not a legal issue. 1� F Chairman Flores stated that he suggested modifying the Condi Commissioner Zanelli deleted. Commissioner Mendoza 4. 9 rega Attorney I Pings are staff complaints want Condition and that he� not want Condition No. 4 with Condition No. he has no problem with Condition No. Rtion from City Attorney Leibold Noise Study /Noise Readings for )Id stated that the requirement for a Noise Study /Noise e conducted annually or sooner if the Community or requires it and the modification consented to by I with the applicant is that a Noise Study would be such time as Code Enforcement receives ten or more given day. Commissioner Zanelli and Commissioner Mendoza indicated that they would like to leave the requirement of a Noise Study at the discretion of the Community Development Director. Commissioner Zanelli wanted clarification regarding Condition No. 5 City Attorney Leibold stated that the mitigation measure required regarding the air quality in connection with the CUP is that through out the PC June 1, 2010 Item No. 1 Page 5 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 5 of 10 operations, the applicant shall ensure that the exposed dirt areas are watered at a minimum of four to five times a day and referred to Condition No. 18. Commissioner Mendoza requested clarification of Condition No. 6 regarding safety issues. Mr. Hiner addressed the safety issues that Commissioner Mendoza had. Commissioner O'Neal asked Public Works Director Seumalo for clarification of Condition No. 7. Public Works Director Seumalo referred t& Federal Emergency Management Agency requirements relatin x Conk ', n No. 7. 9 9 Y q 9 ,P " Commissioner Mendoza requested cla ication of Con No. 8 relating to cash bonds. r� 45 ` Commissioner Zanelli asked City Attorney Laib6ld for the legal 'definition of Condition No. 8. City Attorney Leibold std d 'tit { the Cit would have enforcement //o y authority as against the proe owr)r whether the property owner wants to submit a lette�it says th guarantee that Mr. Hiner will restore the property in acc(I anye with the Cdnditions 'or not. r Mr. Hiner referred to Conditions 8 9 and 10 and requested that no cash bonds be p�Qsted He s a #ed that = requested a letter from the property owned this confirrriln�g _ ���� ,cam li�airman F1ot confirmed that no cash bonds apply to Conditions 8, 9 Co r issloner M ndoza referred to Condition No. 16, and requested that the Cg5tition st that any complaints regarding noise that are submitted to the submitted by a City of Lake Elsinore resident. Commissioner O'Neal suggested that the Motocross track have the same hours of operation as the lake. Vice - Chairman Gonzales noted that regarding Condition No. 18 regarding water quality, no evidence of compliance has been provided by Mr. Hiner. Mr. Hiner indicated that he provided a copy of the Notice of Intent (NO[) to Engineering staff and stated that he was in the process of locating his SWPP Report that is also to be included with the NOI and forwarded to the Water Quality Control Board. PC June 1, 2010 Item No. 1 Page 6 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 6 of 10 Commissioner O'Neal indicated that regarding Condition No. 15, he had concerns about the ground water getting polluted and /or contaminated when refueling. Mr. Hiner stated that all refueling takes place in the back of a truck, in a trailer, or on a non - absorbable fill matt. Public Works Director Seumalo addressed Commissioner O'Neal's concerns regarding groundwater contamination due to refueling and indicated that the NOI with the Storm Water n, and centrally locating the fueling areas were all provision made to protect the property site. Chairman Flores reiterated to Mr. Hlne Alh importance of the location of posted signage regarding adequate ling to prevengontamination of water.'. Mr. Hiner indicated that he u Commissioner Mendoza a' e , with Mr. �11f%''er if he was in compliance with the ADA, referring to CondijrortN Mr. Hiner stated that was City Manager Wady r rred to condition No. 22, and suggested that the applicant an the prop . owner sign and complete the Acknowledgment of Conditions form lea% Qmmei cement of operation. Imalo `Sued that Mr. Hiner was working with the of compliance from them, referring to Conditions and 29. idres' Condition No. 32, stating that the Mitigated Negative allo water to be acceptable for mitigation standards. Public W Director Seumalo stated that staff was recommending o.t crushed aggkegate. Chairman Flores asked Mr. Hiner if Conditions 37 and 38 would be completed within 30 days. Mr. Hiner indicated that he would have Condition No.'s 37 and 38 completed within 30 days. Commissioner Zanelli requested that Mr. Hiner work with Engineering staff to complete Condition No. 39 as soon as possible. PC June 1, 2010 Item No. 1 Page 7 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 7 of 10 Chairman Flores confirmed with Mr. Hiner that Condition No. 40 would be completed regarding secondary emergency vehicle access road. City Attorney Leibold indicated that Engineering staff would work with the applicant, and the adjacent property owner to complete Condition No. 41 regarding drainage easement. Commissioner Zanelli requested clarification of Condition No. 42. Public Works Director Seumalo indicated the d was taken care of and engineering staff reque� Plan. Mr. Hiner confirmed that engineering and he also addressed the drainage js Public Works Director Seum; Engineering staff regarding the that was blocked approved Grading Grading Plan would fodIftw up with Public Works Director Se� P Indlcated"ft Condition No. 43 was not in compliance. i , Mr. Hiner addr ed Conde Ian ��1 %4 _, regarding trash and debris RN removal /disoos� dicate is 1l1would`be-taken care of. that all,% Conditions were reviewed by the the Engineering and Planning staff for working ditions. i Flores"comrrf ded staff and the Commission for the review of A itions and; hopes that this will allow the Motocross facility to �� in the q t ?and prosper. Commissioner= Zanelli thanked Mr. Hiner for working with staff and the Commission fo resolve non - compliance of Conditions and indicated that he hoped that the Motocross track would be in the City for a long time to come and be very successful. Commissioner O'Neal commended Senior Planner Harris and Redevelopment Agency Analyst Carlson for a good job on the presentation. Commissioner Mendoza thanked staff for all of their help and Mr. Hiner for being accessible to modify and take care of the Conditions. He indicated PC June 1, 2010 Item No. 1 Page 8 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 8 of 10 that the Commission has been extremely flexible and was able to save him a substantial amount of money regarding the cash bond issue and stated that if the outstanding Conditions are not taken care within a certain amount of time, he will support suspending the Motocross track until it is in compliance. Vice - Chairman Gonzales thanked staff for all of the work that they have done and noted that there are a few items that still need to be resolved so that the Motocross track can continue to operate. Chairman Flores stated that the Commission Continue the Public Hearing to June 15, 2010g' review and formal approval of revised Con dto�i consistent with the staff report and Planning Coi 2) review the status of all of the Conditions and toward completion /satisfaction. MOTION was made by Commisilk Chairman Gonzales to continue solely for purposes of,,1) review Conditions to be prepared by staff and Planning Comm issio n dlscussh of the Conditions a`nd tFi'ey 01 None. �Id on the following: y for purposes of 1) be prepared by staff Vision discussion and �" Ilcant's progress ,P P 9 and secontil6d by Vice - mring to JurYe 15, 2010 31 approval of revised it with the staff report review the status of all progress toward Mendoza, O'Neal, Zanelli Public Works Director Seumalo informed Commissioner Zanelli that he spoke to staff about the street name sign and would follow -up with him regarding this information. Redevelopment Agency Analyst Carlson had no comments. Office Specialist Porche' indicated that the City is currently recruiting for Planning Commission positions. PC June 1, 2010 Item No. 1 Page 9 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 9 of 10 City Manager Brady thanked Redevelopment Agency Analyst Carlson and Senior Planner Harris, and Engineering staff for their work on the Motocross. He also stated that the Budget Study that was scheduled for Thursday, May 20, 2010, was rescheduled for Thursday, May 27, 2010. CITY ATTORNEY COMMENTS ►I<[TM PLANNING COMMISSION COMMENTS Vice - Chairman Gonzales asked Public Works would be paved. Public Works Director Seumalo indicated and follow up with Vice- Chairman Gonzal Commissioner Zanelli asked Public on T Street. Public Works Director Seumalot*R, tad that follow -up with staff to confirm this % Commissioner presenting the also thanked s' answer. if Smith Street Public Works trenching in the County but he would y Analyst Carlson for for Planner Harris, and Commissioner O' apoloolb Cl non for not being able to answer his questions because is te im vas nptn the Planning Commission Agenda and requested ,Lnf'o` tson rega�dmg his request. Commissioner Zane ll,statetl is at there were certain requirements with each type of usegf a bullding;uj,e, r ak il business, restaurant, theater, church, and indicated, .at there a� requirements regarding occupancy that may be restricting I t rom ha�ffl a church in the building. Mr. Germon indc�g That his main issue is the ADA, and stated that the building �... has not been altered' Commissioner O'Neal confirmed with Mr. Germon that the City would review how the building is being used, and would follow up with him regarding codes that apply to that use. City Manager Brady indicated to Mr. Germon that there may be exemptions based on the building being a historic structure that could be applied to the building. PC June 1, 2010 Item No. 1 Page 10 of 11 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of May 18, 2010 Page 10 of 10 ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 8:20 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, June 1, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. PC June 1, 2010 Item No. 1 Page 11 of 11