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HomeMy WebLinkAboutItem No. 1aMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 17, 2009 CALL TO ORDER the meeting to order at 6:04 PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of ROLL CALL CHAIRMAN ZANELLI ` VICE - CHAIRMAN FLO COMMISSIONER GON COMMISSIONER MEN COMMISSIONER O'NI STAFF PRESENT Development Director Weiner, Deputy City Director /City Engineer Seumalo, Planning Carlson, Associate Planner Resendiz, Police 1. Minor Design Review of a Residential Duplex located at 132 E. Sumner Avenue Recommendation: Adopt a resolution approving the proposed residential duplex. It was moved by Commissioner Mendoza, and seconded by Commissioner Gonzales approving the Consent Calendar as submitted. WE- The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) 2. Drive a. Recommendation: Adopt a, „,resolution reco Parcel Map No. 36164 and b. Adopt a resolution approving Conditional, Use Chairman Zanelli opened the Public approval of Tentative 2008 -27. Planning Consd t Don��pe provided �a brief overview of the project to the Commission `She stated the applicant requests to subdivide an existing medical office building mto'five condo !um units which is located within the East Lake Specific P��n, She noted th � 'r��t is requesting removal of Condition number seven (7) ni cusse ��he Americans Disabilities Act (ADA). She expressed, staff concurs with a reque t ,as the applicant has already complied with the ADA. li S icated the apl,ant is01Vailable to answer any questions the Commission Matthew `F,a an, re re"sentin the engineer of the project indicated that the have , P X 9 9 P J Y reviewed the Conditions of Approval and agreed as amended. Matt Mackermar ,- ' for the project thanked staff for all their hard work. There being no further requests to speak, Chairman Zanelli closed the Public Hearing at 6:07 p.m. and brought the discussion back to the dais for Commissioners comments. Commissioner Gonzales requested clarification on the address of the project. Planning Consultant Donahoe stated the address should read 425 Diamond Drive. Agenda Item No. f Q- Pnar '? of 9 Commissioner Mendoza had no questions or comments. Commissioner O'Neal indicated that it is always a pleasure to work with Mr. Fagan. Vice - Chairman Flores had no questions or comments. Chairman Zanelli noted that the building is attractive and a nice addition to the area. There being no further Commissioner comments Chairman Zanelli requested a motion. It was motioned by Commissioner O'Neal and to adopt Resolution No. 2009 -14, recommendh Parcel Map No. 36164 including the removal of The following vote resulted: AYES: CHAIRMAN ZANELI`l\° VICE - CHAIRMAN FLORAE; COMMISSIONER GONZA COMMISSIONER MENDC COMMISSIONER O'NEAL NOES: NONE ABSTAINS N iissioner Mendoza approve Tentative val No. seven (7). It was mot,lo� by Co ��sioher bllendgza and seconded by Commissioner O'Neal to adopt Reso(utiop No0,09 15, approving Conditional Use Permit No. 2008 -27 including the removaLof n of Approval No. seven (7). vote CHAIRMAN ZANELLI VICE- CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Agenda Item No. 1 Cv Pnar I of 9 3. Recommendation: Direct staff as deemed appropriate. Chairman Zanelli opened the Public Hearing at 6:10 p.m. Acting Community Development Director Weiner provided the Commission with a brief background of the project. He indicated on January, 27, 2009 a six -month progress report regarding Conditional Use Permit 2008 -09 (C�?z) was presented to the City Council at which time the Council referred the ,"it @m back to the Planning Commission for consideration of revocation of the UFO , He expressed that the applicant and his legal representative are presenttand staff would answer any questions the Commission may have., Chairman Zanelli requested any com the project. against JJ Swanson - O'Neal, resident of Lake Elsinorelbipke in favor of the project. She indicated that closing the entertainment center wobe an absolute shame. She stated she understands the applicant'has some violations�n, stated they should be taken care of, however does not recomrriend,closing the f gility. 19 Rod Zamora, resident of Wildomar spoke in favoof the project. He suggested ��. taking care of the issues,but on the facility. He stated he has never seen any negate v e taking p ,ce at the f&Gil ty, only families and kids having fun. David Bristow, at ey, enting the applicant wanted to clarify to the CommissC,n few i s� me d� tte� struggle Mr. Knight (the applicant) has engaed vet < ards tlfe business particularly in today's economic phase. He indici d that Mr. '�' ht rehab litatted the building that was once a K -Mart and has oC��, very hard to reply v ffie entire CUP terms that he agreed to. He spoke of th %§ d , with the ` 1,gle fire -door and indicated the reason that the door was secure w, s in order to event "break- ins." He noted this no longer is an issue as it has been corrected He`'stated that regarding the stage, Mr. Knight jumped the gun. He indicated Mr. Kn t has struggled to deal with the changing economy. He requested the Commission not revoke the CUP for live entertainment. He stated there are several businesses in the City that currently provide entertainment and they do not have a CUP. He indicated that the applicant wants to work with City Staff and wanted the Commission to consider not revoking the CUP. James Brady, resident of Lake Elsinore spoke in opposition of the project. He asked the Commission how many chances the Commission is going to give the applicant. He indicated that Mr. Knight is a complete failure on trying to do things right. Agenda Item No. 1 C, Pnor d of 9 Sherry Zamora, resident of Wildomar spoke in favor of the project. She expressed to the Commission that she and her family often use the center and have never seen any negative activity at the facility and can't understand why the Commission would consider closing the center. There being no further comments, Chairman Zanelli closed the Public Hearing at 6:25 p.m. and brought the discussion back to the dais for Commissioner comments. Commissioner O'Neal stated he recommends the Commission take no action. He noted the violations and the importance of having the six month review; however he �__. stated that he does not believe the circumstances should cause any reason to suspend the CUP. A Commissioner Gonzales stated that he is not in favor�pf clos n" spoke of the Noise Ordinance and the monitoring of fhe curf Department or Code Enforcement. He requested clarification the stage and if it would be coming back to the Planning Comm Acting Community Development Director pending the action taken tonight. Commissioner Gonzales ind Commissioner Mendoza stated that`h time the applicant dis laded total disrE forth by the City � noted the app :. Approval set forthXior the project. He at the local higHIM0l and r. Knight that place for`�Ptiutertainment. the facility. He ther the Police .aoolication for pplication is tly "supported' the project but time after �w ardsgftM policies and procedures set signed ,, find agreed to the Conditions of of inappropriate flyers being distributed ,to abide by the rules. fow to approach the podium. He asked Mr. doors were modified, removed or locked. he onlwknew of one door. Vice Ch �,an Flores ask Acting Community Development Director Weiner if he could giveoariy regarding the doors. Acting Community D'dvelopment Director Weiner noted that it was observed that one door was chained:` shut and one other door that was locked and a few other doors were missing the panic hardware that is required. He noted that subsequent inspections noted that the issues had been resolved. Vice - Chairman Flores asked Mr. Bristow why the applicant did not apply for a permit for the large performance stage. David Bristow indicated that Mr. Knight moved the location of the stage and knew that he needed permits to construct the stage in a different location. Agenda Item No. I c- PAOP. 5 of 9 Vice - Chairman Flores went over all of the noted violations with Mr. Bristow including the surveillance used at the facility. Mr. Bristow indicated that it is his understanding that the equipment is always working and is monitored by a live body pursuant to the CUP. Vice - Chairman Flores concurred with Commissioner Mendoza in regards with the violations and the disregard to the permit issues and time factors. He stated that it is time to modify the Conditions. He noted that the City has been working with the applicant so that the hours are set forth and appropriate for those who use the facility ages 18 and under. A Commissioner O'Neal asked the applicant Mr. Knight to approach the podium. He asked Mr. Knight how difficult would it be to move the bowling alley to a different location. Mr. Knight, applicant for the project indicated that he is an engineer by profession and it would not be difficult to relocate. stated from day one wh = \ qp , came to Lake Elsinore he did not intend on haven" an J e enter ainment He „ated that he thought he was facing a normal situation and,Enot6d that he has about eighteen businesses in six different countries. He stated tha he has never had to baby sit a business like this one. He statedt,at he is dealing it a very difficult population and has had no control with the grNit syues H e in icated that he has had to sell two homes in order to keep the entertainment center open' He indicated that the City has bigger issues to deal with other thanao s being locked and stages being constructed on the le krthe right sl e le shat 'd.� hat the City has 90% good 11111 population and 10°/� for the Citf "o deal with negative elements as he is not the enemy.: Chairman Zanelli s'p event and:asked Mr. Chairman Zanelli asked; Mr. Bristow events that ake place at,Trevi Lanes. on ft internet speaking of a "Buddha Fest" are'of the event. idea. if Mr. Knight is to be held responsible for the David Bristow`- Mlied that Mr. Knight is responsible for what occurs inside Trevi �� \M Lanes Entertain ev0denter. He indicated that Mr. Knight does not have the control of what his promoers do or put on their ads /flyer and distribute anonymously. Chairman Zanelli stated that it would seem that since the events have been the bulk of the problem that Mr. Knight is negligent and is not paying attention to what his promoters are doing. David Bristow indicated that when Mr. Knight finds out about any inscrutableness act, he would terminate the contract. Agenda Item No. I c- Paoa. 6 of 9 Chairman Zanelli spoke of the video tapes, and how they were unavailable and the hours of the videos operation. David Bristow indicated it was a single day offense that the surveillance tapes did not work. He replied that the video is a computer based system. Commissioner Mendoza recommended suspending the CUP for six months. Vice - Chairman Flores noted that by closing the business for six months would put the applicant out of business. Commissioner Gonzales suggested suspending the CUP gr ninety days instead of six months. ? ` Commissioner Mendoza asked if ninety days w 66 enough tr, e for the CUP to be modified and brought back to the Commiss fo ion r discussion Acting Community Development Di more than enough time. that ninety day's would be Chairman Zanelli noted that in C tk ommission, the Commission sly concerning the licensing, bonding c the hours of operation which should Vice Chairman Flores`substed that be included on the''modified�GUP. There being no to havingRthe�CUP brought back to the dso review \]ie, Conditions of Approval M and thesecurity system along with e the bovdling alley. from the Chief of Police i requested a motion. v" ��* A motion ` "wask 9, by Commissioner° "Mendoza and seconded by Vice Chairman Flores to suspend Conditional, Use Permit No. 2008 -09 for ninety days (90) and return, for review to the ; Planmh'd `C&mmission within that time period to include any modifieat,n and additi1 s to the Conditions of Approval and recommendations from the Chiefof,Police. The following vote resglfed: z c AYES: L CHAIRMAN ZANELLI VICE- CHAIRMAN FLORES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL COMMISSIONER GONZALES ABSENT: NONE ABSTAIN: NONE Agenda Item No. I 0. Pau p. 7 of 9 Deputy City Attorney Winterswyk provided to the audience the appeal process which is processed through the City Clerk's office within fifteen (15) days from the Planning Commission's decision and would go before the City Council for discussion. BUSINESS ITEM(S) None STAFF COMMENTS Acting Community Development Director Weiner • He spoke of a community outreach meeting rega He indicated the meeting would be held on Thu the City's Cultural Center. Commissioner O'Neal commented on the fol • No comments. Commissioner Gonzales com • He spoke of an emaill, that he re concerning cell towershD�eputy C review the rulina,,' Drovi " , nforma Commissioner Mendoza com "' nted on • He Friends Flores the following: ie Lake Street Market Place. NRI FebrtiW6, at 7:00 p.m. at a San Diego Court ruling rswvk indicated she would the next meeting. lowing: a new puppy from the Lake Elsinore on the following: • He thanked staff and P Chief Cleary for all of the recommendations. • He wished his wife a fiappy Birthday. Chairman Zanelli commented on the following: • No comments. Agenda Item No. I a. pnar R of 9 ADJOURNMENT It was the consensus of the Commission to adjourn to the March 3, 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 7:32 p.m. AXEL ZANELL"T,�I 'CHAIRMAN PLANNIIG COMMISSION Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER ACTING DIRECTOR ENT Agenda Item No. I C`' paaa 0 of 9