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HomeMy WebLinkAboutItem No. 1bMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 06, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:08 PLEDGE OF ALLEGIANCE Vice - Chairman Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORE COMMISSIONER GONZA COMMISSIONER O'NEAL ABSENT: Also present were Acting.;, Community; D6velopment Director Weiner, Deputy City Attorney Winterswyk Dire City Engineer Seumalo, Associate Planner and Paula Neilson, resident spoke of the road conditions on Sumner, Chaney & Pottery /, Street and the�treet light that was out on Silver Street. Public Works Dir 6tor Seumalo informed Ms. Neilson that he would advise his staff of the issues to have them resolved. Dennis Fahey, resident spoke of how he was disappointed to learn that City Council allowed the zone change along the lake and requested assistance from the Commission. Agenda Item 16 Page 1 of 8 PLANNING COMMISSION APPROVES THE CONSENT CALENDAR EXCLUSIVE OF ITEM NO 1A. 1 a. Minutes for the Regular Planning Commission Meeting from December 2, 2008. Recommendation: Approve as submitted. It was moved by Vice - Chairman Flores, and seconded by Commissioner O'Neal approving the December 2, 2008 regular Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLO COMMISSIONER GOI` COMMISSIONER ON NOES: NONE ABSENT: COMMISSIONER MEI` ABSTAIN: NONE 1 b. Minutes for the Reaular Plannina Cor4hission Commissioner he found on p also noted a stating It was mow approve the indicated the purpose of pulling the minutes was due to a typo 8, fifth;paragraph, the word "resent" is spelled incorrectly. He on t the voting results regarding item number three (3) )08'-17 and' /M,jnorADesign Review found on page 4 of 8. He : in ' of the project and Commissioner Gonzales voted ss noted a correction to the minutes under his comments °r,;worked for the State Trooper and not as a State Trooper. •Chairman Flores and seconded by Commission O'Neal to 18, 2008 Minutes with the noted corrections. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL NOES: NONE Agenda Item I b Page 2 of 8 ABSENT: COMMISSIONER MENDOZA ► ►6►=� PUBLIC HEARING(S) 2. Conditional Use Permit No. 2007- Improvements located at 1604 W. Lakeshore Drive. Recommendations: a. Adopt a resolution adopting findings that t. Multiple Species Habitat Conservation PJa' b. Adopt a resolution approving Conditi 1�,S establishment of a "Tackle and Baihop in convenience store as well as related, on -site 1604 W. Lakeshore Drive based on the Finc Conditions of Approval (APN's: 375 350 =pQE Chairman Zanelli opened the Pub(cJearing at 6:1 Acting Community Development Dir'E to the Commission. He read into the 17 as follows: Condition No. consistent with the nd Permit N' 007 -18 for the Exhibits, at overview of the project Conditions Nos. 25 & Condition No 17 shall be reinstated and �m"odify as follows; approval of Conditional Use Per ml 200 7 18 expressl y conditioned upon the City of Lake Elsinore granting � q, ficaniS foot access easement across property APN 375-350 - 037.- Prior to iss "ark of the✓b lding permit the applicant shall have received a valid and recorded access asement from the City as the location shown on the site plan. , iii All processing, recordufg;and other fees associated with the grant of easement shall be born bu he aDWican' Chairman Zarielli eque'sted the applicant to approach the podium. Rod Neilson, ap`0(icant approached the podium. He thanked the Commission and staff for their hard work. Chairman Zanelli asked the applicant if he has read and agreed to the Conditions of Approval as amended. Rod Neilson, replied "Yes." Scott Munson, resident spoke in opposition of the project and how the project is in violation of the City's codes and could be considered dangerous to the public. He Agenda Item Page 3 of 8 provided pictures to the Commission showing signs located on the property that they were open for business and were approached by the Code Enforcement Department to remove the signs. Douglas Norfolk, resident stated his main concerns were the trespassing issues. He was neutral of the project and thanked Pat Kilroy, Manager for the Lake Department for all his help. He stated he hopes that the City could assist with the issue. Paula Neilson, resident spoke in opposition of the project, and „spoke of the issues regarding possible drug problems in the area, and is concerned that this business would attract more. Shawn Franco, resident spoke in opposition of the project. He-stated his concerns with the property and business owners m' %rthe, area and questioned if an environmental study has been conducted Hd pointed out that the project is located within an area that has a large amount of tra� and stated he has concerns with the �/„ safety and traffic. G/ „ , j /k Brandy Stone, relative of the a they called the Health Depart s location. She was told by the cubic square feet of food or sn City's Code Enforcement Depai icant spoke in favor of the project. She indicated L.to determine What could not be sold at the license was submitted to the officer for approached by the; Riverside Sherriff's the business license She stated she h Enforcement Depaft, ent who advised She indicated that th selling Acting Conmuraity Deve(gpmerit Direct suomittea F sneaky and to lepartment tha ey could not sell ten (10) : //% j t j usiness li0/ nse. She stated that the i approach tWri and at which the business erification %'e indicated that she was also )epartment "who also verified the validity of 3 =since been approached by the City's Code the :applicant that they could not sell food. the food and have been in contact with the r Weiner & Associate Planner Carlson and Commission that they were not trying to be nt including sales tax and CRV collected. Acting Community De"opm6ht Director Weiner indicated that the location has a busine':'lic,ense for office use and an application has been submitted for a convenience store. He indicated that approval of the business license for the convenience - store is pending. Scott Munson r esident stated that he called the Police Department in order to approach the property and take pictures of the signs without any trouble from the owners. He indicated he requested a police report to be filed of vending on the beach without any license. Richard Knapp, resident spoke in favor of the project. He stated for the record that at one time the project was once a floating gas station and restaurant. He indicated that he felt it would be good for the City as it would generate revenue. Agenda Item Page 4 of 8 Commissioner O'Neal requested the applicant approach the podium and respond to the comments. Rodney Neilson, applicant explained to the Commission the timeline of the project. Commissioner O'Neal asked if a City representative has ever made an offer to purchase his property. Rodney Neilson indicated that the City did make an offer sometime in the 1980's; however the offer did not go through. Acting Community Development Director Weiner background on the offer, however could not locate aq Chairman Zanelli closed the Public Hearing back to the dais for Commissioner's comme Commissioner O'Neal spoke of an article writte Enterprise that states that the Planning Commissi with lake front property owners and gave the are; some residential development Ne, stated that Commission the more he is aware of mtlivigual pr Commissioner Gonzales spoke of % station. He pointed out that the Cc Enforcement issues He %asked the Acting Community Commissioner ; Gonzale/ parking " " " "He iridic ted s snap shop as it was in the Commissioner O'Neal "Fec liability isspes. he researched the and brought the discussion "on Burgin w "ith the Press ally agreed to compromise nation that would allow for e time he serves on the upper's rights. �rop� °ed as a restaurant and gas %y is to l the projects and not Code if the property was sewer or septic. Director Weiner indicated it was sewer. easement rights and handicap parallel to see it come back as a restaurant or Deputy City Attorney Winterswyk address the Deputy City Attorney „Winterswyk stated with the grant of easement the City always incorporates land *e in the document to protect the City from liability. Vice- Chairman Flores spoke of the project and how the applicant desires to get the project approved. He stated this project could be the foundation for additional commercial and residential projects along the lake. He stated that he supports the project however, indicated that he has some concerns with the hours of operation. Chairman Zanelli spoke of the speed limit in the area which is a traffic enforcement issue. He addressed the issue of traffic and possible contamination of the lake and wildlife. He indicated that regardless if this business should be approved or not, the traffic would increase due to increased population in the community. He expressed Agenda Item Page 5 of 8 to the Commission that there is a bait and tackle shop and liquor store less than 50 yards from the proposed site. He stated to the applicant and public that he appreciates the attendance; however, the applicant has met the City's requirements and therefore would support the project. It was motioned by Vice - Chairman Flores and second by Commissioner O'Neal to adopt Resolution No. 2009 -01, adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZA'L COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER M ABSTAIN: NONE It was motioned by Vice- Chairman to adopt Resolution No. 2009 -02, a ,ommissioner Gonzales Permit No. 2007 -18. The following 0 ZAN GONZALES O' N EAL NOES: ENT: NER MENDOZA N:.;" %NONE BUSINESS ITEWS) None Agenda Item Page 6 of 8 STAFF COMMENTS Public Works Director /Engineering Manager Seumalo commented on the following: • He spoke of the road improvement requests and would advise his staff. He would also continue to monitor the condition of Dexter Road. Acting Community Development Director Weiner commented on the following: • He spoke of the item that are tentatively scheduled for the January 20 Planning Commission meeting. ,° r • He spoke of the City's new Web site and thanked staff-for their hard work on achieving a great Web site. Deputy City Attorney Winterswyk commentecl'on the following: • She reminded the Commission of the completed. Office Specialist Porche comment6#* the fol to be • She reminded the Commission to tuts in thei , nicipal C e books for updating. �,,� PLANNING COMMISSIONER'S COMMENTS %a Commissioner O'Neal comme„n' ted on the following: Ar • He addressed an article that Nfas. publishedi G.Q. Magazine that spoke of Lake oec ated sor'e j as wntte� a resident of Lake Elsinore and the article was not a on the following: • No Vice - Chairman Flores mented on the following: • He wished everyone a Happy New Year. Chairman Zanelli commented on the following: • He spoke to the public that should anyone wish to file an appeal they may do so within 15 days from the date of the decision. Agenda Item A- Page 7 of 8 ADJOURNMENT It was the consensus of the Commission to adjourn to the January 20, 2009, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Zanelli adjourned the meeting at 7:15 p.m. AXEL ZAI PLANNIN Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR OF RMAN )ION Agenda Item 1b Page 8 of 8