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HomeMy WebLinkAbout05-21-2013 NAHCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 21, 2013 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Blake led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairman O'Neal Commissioner Blake Commissioner Gray Absent: Commissioner Jordan Also present: Community Development Director Taylor, Acting Planning Manager MacHott, Public Works Director Seumalo, City Attorney Leibold, Planning Associate Resendiz, Planning Consultant Coury, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES The City's new Community Development Director, Grant Taylor, introduced himself. CONSENT CALENDAR ITEM(S) 1. Minutes for the following Planning Commission meeting(s) a. March 5, 2013 b. March 19, 2013 c. April 16, 2013 Motion by Vice Chairman O'Neal and seconded by Commissioner Gray, to approve the Planning Commission Minutes of March 5, 2013, March 19, 2013 and April 16, 2013; Motion passed 4 -0. City of Lake Elsinore Planning Commission Meeting Minutes of May 21, 2013 Page 2 of 5 PUBLIC HEARING ITEM(S) 2. Conditional Use Permit No. (CUP) No. 2013 -03 — A request to operate a Tattoo Art & Body Piercing Establishment within the Lakeside Commercial Center. Recommendation Adopt a resolution approving Conditional Use Permit No. 2013 -03 for the operation of a Tattoo Art and Body Piercing Establishment based on the Findings, Exhibits, and Conditions of Approval. Planning Associate Resendiz presented the staff report. Commissioner Blake asked if the CUP is approved, would it terminate with the tenancy or would it continue with the life of the building. Acting Planning Manager MacHott stated that Conditional Use Permits run with the property. Therefore, if the ownership changed on the use, the new owner would be entitled to continue the Conditional Use Permit and the operation. Commissioner Gray stated that on the bottom of page 1 of 13, the word "be" was omitted in the last sentence of the paragraph. Staff indicated that the typo will be corrected. The applicant, Brett Beale of Rooster Tattoo Art and Body Piercing addressed the Commission. Commissioner Gray asked Mr. Beale to describe where the location is of the site. Mr. Beale stated that the site is next to a video store. Chairman Morsch asked Mr. Beale if they would be doing any tenant improvements inside of the space. Mr. Beale stated they would be doing very little because the current layout is sufficient. He also stated that they would be installing security cameras. Chairman Morsch asked about when the applicants' were planning on opening for business, if the project is approved. Mr. Beale replied that they still need to apply for a Business License and would open shortly after that. Commissioner Blake asked Mr. Beale if he is operating other tattoo businesses. Mr. Beale stated that they are operating a second hand shop, but not other tattoo businesses. Jack Martin stated that he has a tattoo business in Lake Elsinore and although he is not in opposition of other tattoo businesses, he doesn't agree with the distance between the two studios and thinks that 500 feet is too close. City of Lake Elsinore Planning Commission Meeting Minutes of May 21, 2013 Page 3 of 5 Tosha Dubios, resident of Yorba Linda, stated that she is an affiliate of Rooster Tattoo Art and has known them for approximately 10 years. She stated regarding Mr. Martin's comments that there is competition between every business that comes into the City and noted that if the customers are loyal to particular businesses, proximity shouldn't make a difference. Vice Chairman O'Neal stated that he wished that that there were no requirements to have a CUP for a tattoo business in the City. Also, he asked the City Attorney if there is a State Law that prohibits smoking inside of buildings. City Attorney Leibold states yes. Vice Chairman O'Neal indicated that he would like to see a Condition added to the CUP to state that tobacco and marijuana smoking is illegal inside of the tattoo business. Commissioner Morsch stated that he went by the surrounding businesses and asked for their input regarding the tattoo business going in at that location and no one objected. He stated that he would support the decision to approve this business. Acting Planning Manager MacHott stated that staff will add a new condition that states "In accordance with the provision of State Law, smoking shall be prohibited on the premises and within 20 feet of any entrances at all times, regardless of whether the business is open or after business hours." Motion by Vice Chairman O'Neal and seconded by Commissioner Gray to approve Resolution No. 2013 -53, a Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit No. 2013- 03 for a Tattoo Art and Body Piercing Establishment located at 16782 Lakeshore Drive, Suite Cl; Motion passed 4 -0. 3. Tentative Parcel Map No. 36551 — A request to subdivide 17.21 acres of Limited Manufacturing Industrial Zoned land into nine individual parcels pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and the California Subdivision Map Act (CSMA) for property generally located on the west side of the Lake Elsinore Outlet Channel between 3`d and Chaney Streets. Recommendation It is recommended that the Planning Commission adopt a resolution recommending to the City Council approval of Tentative Parcel Map No. 36551, based on the Findings and Exhibits and subject to the Conditions of Approval. Planning Consultant Coury presented the staff report. He noted that there was some confusion regarding road access and road development on the parcel map and indicated that the applicant is requesting that the project be continued to the June 4, 2013, Planning Commission meeting so that the applicant can show the City of Lake Elsinore Planning Commission Meeting Minutes of May 21, 2013 Page 4 of 5 road easements on the map for better clarification for the Commission. He stated that staff is in agreement with the applicant's request to continue this item to June 4, 2013 but the would like them to revise the map so that the project will be ready for the June 4 Planning Commission meeting. Commissioner Gray stated that the project is compatible with what is nearby. Chairman Morsch stated that the proposed Conditions of Approval requiring CC &Rs conflict with the City's Municipal Code regarding access to individual parcels within the project and he suggested amending the Code to allow the City some flexibility in approving some of the projects without conflicting with the Code itself. He indicated that he is trying to protect potential buyers and the City's ability to exercise it's authority for land use. The City Attorney explained the CC &R regulations. She stated that what Staff is proposing is to satisfy the frontage requirements and the roadway be identified on the map. The access ways would be designated by a letter lot, and will be part of the map and a privately maintained road. Also, the CC &Rs would provide the mechanism by which each property owner is responsible for their fair share of road widening. Chairman Morsch stated that he is glad that this item will be continued so that some of the issues can be resolved. Motion by Commissioner Blake and seconded by Vice Chairman O'Neal to continue Tentative Parcel Map No. 36551 to June 4, 2013; Motion passed 4 -0. BUSINESS ITEM(S) None. STAFF COMMENTS Public Works Director Seumalo stated that the engineering staff is working with Caltrans and Riverside County Signal Maintenance on the Grape Street interchange and the public should see improvements by Wednesday or Thursday. He indicated that staff has submitted a Grant Application to pave Gunnerson Avenue and the cost. Also, he discussed the status regarding the signal at Riverside Drive and Gunnerson Avenue. PLANNING COMMISSION COMMENTS Community Development Director Taylor stated that he is glad to be working for the City of Lake Elsinore and looks forward to working with everyone. He also briefed the Planning Commission regarding upcoming projects that will be coming before the Planning Commission, and indicated that the July 2nd Planning Commission meeting is tentatively cancelled due to the July 4th Holiday. City of Lake Elsinore Planning Commission Meeting Minutes of May 21, 2013 Page 5 of 5 Commissioner Blake asked what the long term plan is for the Railroad Canyon Road intersection. Public Works Director Seumalo stated that the City Manager has done a great job working with RCTC and Riverside County to get funding and will begin Phase I which is Railroad Canyon Road hook ramps and Phase II is Franklin connection. He discussed the cost and estimated completion. Chairman Morsch asked if the City will complete a frontage road from Canyon Estates Drive to Main Street which would take the congestion off Summerhill. Public Works Director Seumalo stated yes and indicated that he will identify the costs and will request approval from the Planning Commission and the City Council. Chairman Morsch stated that on Memorial Day, there will be a Ceremony held at the Lake Elsinore Cemetery. CITY ATTORNEY'S COMMENTS None. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 7:16 p.m. The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, June 4, 2013 at 6:00 p.m. to be held at the Senior Activities Center located at 420 E. Lakeshore Drive, Lake Elsinore, CA 92530. Rick Morsch, Chairman City of Lake Elsinore Attest: Richard J. MacHott Acting Planning Manager