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HomeMy WebLinkAboutItem No. 1aMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JUNE 16, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:01 PLEDGE OF ALLEGIANCE Vice - Chairman Flores led the Pledge of ROLL CALL PRESENT: ABSENT: CHAIRMAN ZANELLI VICE - CHAIRMAN FLI COMMISSIONER GC COMMISSIONER ME COMMISSIONER OT STAFF PRESENT Also Gerardo Cuadra, purchased a new of the correct proc away. Acting Community Development Director Weiner advised Mr. Cuadra that he could discuss the matter with him in order to provide more information of the location in question. lopment Director Weiner, Deputy City ;ity Engineer Seumalo, Senior Planner Planner Resendiz, and Office Specialist nt of Lake Elsinore advised the Commission that he recently in Lake Elsinore and requested the Commission to advise him for installing a septic tank since the sewer line is over 670 feet Agenda Item No._LQSi_ Page 1 of 13 CONSENT CALENDAR ITEM(S) 1. Minutes for the following Planning Commission Meeting a. September 18, 2007 Recommendation: approval A motion was made by Commissioner O'Neal and seconded by Commissioner Mendoza to approve the September 18, 2007 Regular Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLI COMMISSIONER GC COMMISSIONERMI COMMISSIONER OT NOES: NONE ABSENT: NONE ABSTAIN: NONE 2. a. Continue to a d6lAto be determined. Chairman Zagel ope J rd the Public Hearing at 6:03 p.m. Acting Community °'Development Director Weiner introduced Senior Planner Harris who would provide the reading of the staff report to the Commission. Senior Planner Harris provided a brief overview of the project to the Commission. He indicated this project had been continued twice due to the applicant's request in order to allow time for the engineering staff to evaluate street improvement/requirements. Chairman Zanelli requested the applicant to approach the podium. Agenda Item No. 1 O, Page 2 of 13 Erik Lunde, applicant for the project stated the purpose of the continuance request is to allow time to work with staff on traffic updates. He requested having the project heard to a date to be determined rather than taking it off calendar. Chairman Zanelli requested any comments from the public. There being no further comments, Chairman Zanelli brought the discussion back to the dais for Commissioner Comments. Commissioner O'Neal concurred with staff's recommendations and had no further comments. A%, Commissioner Gonzales had no comments. Commissioner Mendoza concurred with staffs comments. Vice - Chairman Flores concurred to conti ",off cal the future. Deputy City Attorney Winterswyk spoke of the indicated if the item would be continued without re specific date specified. r . e Erik Lunde suggested having the and had no further to an unspecified date in re of the continuance. She oticing then there must be a A motion was madeitb�t � missione% onzales and seconded by Commissioner O'Neal to conti u Tentat� Parcel Map 35336, and Tentative Tract Map No. `a 35337, for thee� « Spy! ass Ra ch Specific Plans to the July 7, 2009 Regular Planning Commission meeting a w h` The follon uotU- esulte AYES: CHAIR AN ZANELLI ' ICE- a'AIRMAN FLORES OMMISSIONER GONZALES COMMISSIONER MENDOZA a COMMISSIONER O'NEAL NOES.VN NONE ABSENT: NONE ABSTAIN: NONE Agenda Item No. 10, Page 3 of 13 3. Lakeshore Drive Chairman Zanelli opened the Public Hearing at 6:07 p.m. Recommendations: a. Adopt a resolution recommending Planning Conditional Use Permit No. 2009 -01, and b. Adopt a resolution recommending Planning Co Design Review. Acting Community Development Director Coury who would be providing the Com report. K Planning Consultant Coury provided a be ����ef' veview Nal applicant is requesting a Conditional Use % t If P � ' Review to enable a co- location of several new��tele existing 81 -foot tall tower. He state the location is1 be designed as a Monopine facilit ate d the aj a GPS antenna, a two (2) foot rri{ rto 47 ish on cabinets which would match the surroundmg�enFmc / n r the project, and the applicant is available,,to answer may have. Chairman Zanellirquestedle applicant Monica Moretta, repres °sting R"y' i Street agrees o e Cdh'd ions 1 ovaM � \ , ,. 1 ssi oner Gonza es had no�comments. er Comm istler Mendoz , ad no comments. Vice- Chairmra lElores,fibd no comments. Commissioner O'Neal had no comments. Commissioner approval of of a Minor duce�sPlanning Consultant a brieK ing of the staff ie project He1indicated the ddition to a Minor Design nmumcation panels on an Lakeshore Drive and would antis proposing to include 7ucture and equipment �e indicated staff supports questions the Commission the podium. Communications, Inc. indicated that she There being no comment Chairman Zanelli closed the Public Hearing at 6:11 p.m. and requested a motion. A motion was made by Vice - Chairman Flores, and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -39, approving Conditional Use Permit No. 2009 -01. Agenda Item No. I C, Page 4 of 13 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE A motion was made by Commissioner Gonzales to adopt Resolution No. 2009 - design and construction of a co- locates 16401 Lakeshore Drive, Lake Elsinore. The following vote resulted: i1 d " i seconded by Commissioner a Minor Des,,'� i� Review for the ienna tower f ility located at suspended for a period of time (90 days0 which has since ended. He stated the applicant is presently trying to get formal approval of the stage. He noted some modified conditions in the staff report. Staff recommends approval of the project and the applicant is available to answer any questions the Commission may have. Agenda Item No. la- Page 5 of 13 Acting Community Development Director Weiner provided a brief background on the project. He indicated the request is for a modification to an existing Conditional Use Permit (CUP) to legalize a previously constructed 700 square foot elevated stage that is located in the "Sports Bar" area of the facility. He indicated the CUP was Chairman Zanelli requested any public speakers to speak in favor of the project. Councilmember Hickman, representing himself as a resident spoke in favor of the project. He suggested bringing the situation to closure and letting the owner conduct his business. He addressed Condition No. 63 where it discusses private events shall go no later than 3:00 a.m. nor begin before 8:00 a.m. Councilmember Hickman noted the applicant has graduation parties at his facility and suggested adding a stipulation in order to hold "Graduation Night." He also spoke of Condition No. 64 which discusses noise disturbances arising from events occurring on the Trevi property. He stated he has never heard of any loud disturbing noises coming from the Trevi Lanes parking lot. Matthew Ward, legal counsel representing the owner of2t0e Best Western Hotel w as adjacent to the Trevi Lanes property. He indicated he has re�jewed the Conditions of Approval paying particularly attention to Corditoi No. 64 where it discusses the mitigation of noise disturbances. He pointed out to the C =ission the Memorandum dated January 20, 2009 from Captain Cleary outli q numerous calls /actions taken since the business ope, d He tated his clie ts have lost revenue from having to refund money to backkftstomers due to the$ oise coming 6ysili ; from the entertainment center. He questioned onways to mitigate issues and feels there is a lack of communication¢bN yveen the owne of the entertainment center and the hotel manager. He stated theo�t n hasmade several attempts to contact the entertainment manag noise,gut could not reach him. Mr. Ward indicated that he sent a certified letter to project owner advising them that they would provid t their cost a sound�echnician to conduct a study to determine the d 4Jibe ��Uels that the -o nd syste s are generating and see how it would impact b ed upo; :e distance between the two businesses. He indicated that as of toda =e as no <eceived any sponse from the owner. He asked the Commission if add! ill . l cc 'ti ns were g g to be discussed at the meeting. �muhItykDevel4 -' ent DireLtor Weiner replied by saying at the Hearing suspens�o vva ®cons i dered, there were new conditions that were He sta flat that e consideration of the new conditions was put on e item retd to the Commission. Matthew Ward, continued by saying it is his understanding that CEQA does contain provisions toy )nm m ental impacts involving noise. He stated his clients are in the audience to er any questions that the Commission may have. Deputy City Attorney Winterswyk commented by saying, staff is looking into any CEQA issues the project may have. Michel Knight, owner of Trevi Entertainment stated he did receive the letter that Mr. Ward spoke of. He indicated that the hotels sound engineer is welcome to come inside and look around. He noted that Councilmember Hickman had addressed that he had never found any issues with noise. He spoke of complying with the City's Noise Ordinance and indicated that there is no noise that would affect the hotel. Agenda Item No. 1 0, Page 6 of 13 Deputy City Attorney Winterswyk stated a determination was made in connection with the original Conditional Use Permit (CUP) that was approved that the project qualified for an existing facility which is exempt under CEQA. Agin Patel, owner of the Best Western Hotel, Lake Elsinore spoke in opposition of the project. He noted that if anyone is parked in front of their hotel, they would not hear any noise. He stated that the sound could be heard from the rear of the hotel, and the rooms that face the entertainment center. He noted in the last three months there has been no noise due to the suspension of the CUP. He stated he is willing to work with Mr. Knight. �I 'Affik.. Michel Knight responded by saying he is available staff members locate him if they need to speak wit the hotel are welcome to come into his busim requested. /rY•`1� 141 \. Matthew Ward responded by saying Mr., external policy to implement ways to mid way is to have an engineer look at the engineer conduct some type of testing. and to have one of his stated the owners of rrduct inspections if ments illustrate the need of ; He sggested one e °or maybe have a sound Commissioner O'Neal asked Mr Pate,% y he did no nduct any readings at the hotel as opposed to taking them at theme /tertainment c"ter and also how man lf/ r� = Y days were the decibel levels above the allo / w Q ed]Cam�ount J % y Mr. Patel replied b!ay0he can heahe musicfrom his hotel, then the music is loud enough. HeStated hes not cond ted any sound readings from his hotel. Commissioner O'Neal point ut that he i of sure if the sound issue has anything to do witl tai approval of he tage ; hiq is what is before the Commission today. Zanellipomted out t e discussion tonight is pertaining to a stage that was ut any approvals or hermits and really doesn't have anything to do with sou Mr. Knight if there is a decibel reader inside of the entertain Michel Knight responded by saying "Yes we do." Commissioner Gonzales asked if someone monitors the readings during an event. Michel Knight responded by saying "Yes we do." He stated there are three (3) decibel readers inside of the center. Acting Community Development Director Weiner clarified the Noise Ordinance by saying the readings should be taken at the property line and the decibel levels Agenda Item No. ( 0. Page 7 of 13 should not exceed 65 decibels up to 10:00 p.m. and then goes down to 60 decibels from 10:00 p.m until 7:00 a.m. Mr. Patel asked the Commission how could they verify that the readings were taken correctly. Chairman Zanelli suggested for them to also have a decibel reading at the property line and have it recorded and bring it back to the Commission. Acting Community Development Director Weiner clarified the , cise Ordinance does not differentiate between commercial uses. He statJ 'Rust, states residential, commercial and industrial. He stated the hotel is co ered a commercial use although Mr. Patel is correct by saying people sleept�otel, it is still considered a commercial use. He stated in regarding the noise' <level read \und, ding should be conducted by a licensed acoustical engineer � r Commissioner Mendoza pointed out that .. .. the CUP is stie•. <> Plann ing Commission and therefore the Commission °can make ja?decision. He st t d that Mr. Knight has met all of the requirements necessary approval of the stage. He .;,, indicated from what he has heard, it appears tha.�t is is not so much as a stage issue but rather a lack of co mumcation betty the hotel owner and the entertainment center. He noted t, f Condition No. 64 which addresses that issue. He suggested that once his protect become 3 roved, have the project come back to the Commission for anotFie i @w and if there are no further problems then he state does not wantto have t�come back to the Commission. Vice - Chairman the procedures be if the project nity Development Director Weiner what Acting Cgrnr approved'�this withm'15 days c�nstructio chec then at the City Counc ity De��loin�eri'tj ` �IVeiner replied by saying if the project is Meng, one coul ppeal the Planning Commissions decision He stated a?e end of the appeal period staff would look at where I a is andythe Building Division would then finalize their plan ilding rmit would be issued and the inspections would follow. He ;al was fled, it would go before the City Council for their review and could edify the Conditions. Vice- ChairmanNElores thanked Mr. Patel for bring his concerns to the Planning Commission. He�added that the City has an obligation to determine the accuracy of the decibel readings and therefore allowing a staff member to be part of the readings which would provide actual evidence. He spoke of an additional condition which addresses the review within six (6) months after approval. He asked if that time period would commence today if approved. Acting Community Development Director Weiner responded by saying it would begin today or later if appealed. He stated if an exact date would be established, then that would be the date the project would need to be reviewed by the Planning Commission. Agenda Item No. ( a. Page 8 of 13 Chairman Zanelli suggested using December 15, 2009 as the date for the project to be reviewed by the Planning Commission which would either amend Condition No. 61 or add a new Condition of Approval. Acting Community Development Director Weiner suggested modifying Condition No. 61 by changing the language to read "reviewed by City Council" to reviewed by "Planning Commission" and insert the date December 15, 2009. Vice - Chairman Flores noted the amount of security officers that are employed at the entertainment center and a fully armed security officer at the center and stated it is a good sign that the owner of the entertainment center is `in „full compliance with the security. Commissioner O'Neal spoke of Condition No 63Ywhi6h discusses events going no Fir later than 3:00 a.m. and suggested some ex eptions should b(i%bde for the high schools that have all night events. . zz Chairman Zanelli concurred with the suggesti a.m. should be adequate with the exception of Commissioner Mendoza requestedl`di and asked what the circumstances inn changing the process is approved. Deputy City Attorney UVtn�'terswyk rep Amendment tha J ming =efore the not have any effeg;on this p on a regular basis 2:00 on the`%ding for Condition No. 61 ould the broposed Text Amendment i sayin0hat should the proposed Text ing Commission gets approved, it would Chairman ..Zanelli sp6We o`T�oid -- i r 32 where it discusses the installation of �h high quality ��sec, rity sure 'Ilance cameras in good operating condition. He ree mmended addjng Video ecordings shall be made available on demand to the She t 's Departmentf6nd that%[Urecordings shall be kept for a minimum length of times Cescribed by tho Chief of Police.” Chairmanelli requested adding a Condition to state "the manager /owner shall report all incidents regarding victimization of the business or its patrons immediately to the Sheriffs De 0 ent," and "any new violations of the Municipal Code or the Conditions of App oval would result in the placement of this CUP on the next available agenda for consideration of revocation or suspension in accordance of the L. E.M.C." Vice- Chairman Flores asked if there is an Ordinance in the L.E.M.C. that prohibits music or entertainment to cease at a certain time. Acting Community Development Director Weiner replied by saying "No." Vice - Chairman Flores asked what time would the music stop playing. Agenda Item No. G Page9of13 Acting Community Development Director Weiner replied by saying there isn't any provision that specifically states a time in the L.E.M.C., however the owner would need to comply with the Noise Ordinance. Chairman Zanelli responded by saying when a special event has been planned, it could be addressed on the special event permit and noted on the permit of the Noise Ordinance. He further added should the special event create problems with loud music and disturbs the other businesses in the area, and then they would need to be stopped. Acting Community Development Director Weiner pointed c,9t °to the Commission that currently special events such as Grad Nights are not r�Gired to have a special or temporary permit. Chairman Zanelli replied by saying he referre,h�gvin= the events „end at 2:00 a.m. and he would not have a problem with Grad Nig�its, however` those should be reviewed in a manner which would be,. llowed to take place without” being a nuisance to the surrounding businesses. Deputy City Attorney Winterswyk suggested lock -down type of event must coply,with the Chairman Zanelli replied by saying'he `di�i' think event caused disturbance to the Be °st Wesfe� t area. Viz, Acting Commun Condition No..6 before 8:00 a.m. the Com ni �R. 9 x case City the Michel Knight replied that he would need tc make a comolaint::;; "Any High School supervised ise Ordinance." uld be adequate if an other business in the Director Weiner recommended the language to events al go no later than 2:00 a.m. nor begin n of aduupervised high school events in which o approve such an event on a case by the applicant if he would approve the added saying "Yes." He added he did not approve of the idea ne back to the Commission every time someone would Chairman Zanellreplied by saying, should the Code Enforcement, Building & Safety or the Sheriffs Department continue to find problems, and they are under the owner's control, then it should be brought to the Planning Commission's attention. Chairman Zanelli closed the Public Hearing at 7:19 p.m. and requested a motion. A motion was made by Commissioner Mendoza and seconded by Commissioner Gonzales to adopt Resolution No. 2009 -41, approving modifications to the Agenda Item No. I o-_ Page 10 of 13 Conditional Use Permit No. 2008 -09 including the additional Conditions of Approval and the modification to the existing Conditions. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) None STAFF COMMENTS Public Works Director /City Engi He brought the t Central Avenue the be project to He statedthe.[ still sians'`missin on the following: the CIP program where he discussed it is moving forward and staff expects been completed, however there are 'nds the Center of Grape Street and how the turf would is WWII as the medians along Mission Trail and Lincoln. ild ; have bark and a drought plant material added in order installed in order to save water. Mission Trail & Lincoln Weed Abatement program is over. Commissioner O' • No comments. commented on the following: Commissioner Gonzales commented on the following: • He spoke of campaign signs that are still remaining and suggested to having them removed. Agenda Item No. Page 11 of 13 Commissioner Mendoza commented on the following: • He spoke of the grading at the end of La Strada and asked if traffic is an issue and was ingress /egress ever discussed. Public Works Director /City Engineer Seumalo stated there was some discussion with the developer using a trail from north Tuscany to Greenwald. Commissioner Mendoza pointed out to Public Works Director /City Engineer Seumalo that there are trucks using a road known as Belavista that leads to a dirt road down to Greenwald. Public Works Director /City Engineer Seumalo replied by saying he would speak to the City's Traffic Engineer and the Inspectors. • He spoke of the Mine off Nicolas Road and how they are pot in ,, compliance with the Conditions of Approval that states "all signs must be in ff sh and English." Vice - Chairman Flores commented on the follow! • He spoke to a person in the audience i however the individual did not come u recorded. Chairman Zanelll commented on the following: • No comments. ADJOURNMENT It was the c( Planning Coi Elsinore, CA. a home purchan Lash Street, podigm and there oed,,id not get )mmisslr to adjourn to the July 7, 2009, Regular at 6:00. located at 183 N. Main Street, Lake 7:29 p.m. AXEL ZANELLI, CHAIRMAN PLANNING COMMISSION Agenda Item No. I Ck, Page 12 of 13 Respectfully Submitted, DANA PORCHE OFFICE SPECIALIST III ATTEST: TOI AC' Agenda Item No. I 0. Page 13 of 13