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HomeMy WebLinkAbout01-06-2009 NAH n n n MINUTES 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 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Flores led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL ABSENT: COMMISSIONER MENDOZA STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Winterswyk, Public Works Director/City Engineer Seumalo, Associate Planner Resendiz, and Office Specialist Porche. PUBLIC COMMENTS Paula Neilson, resident spoke of the road conditions on Sumner, Chaney & Pottery Street and the street light that was out on Silver Street. Public Works Director 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. . Page 1 of8 n PLANNING COMMISSION APPROVES THE CONSENT CALENDAR EXCLUSIVE OF ITEM NO 1A. 1 a. Minutes for the Reaular Plannina Commission Meetina 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 FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE n 1 b. Minutes for the Reaular Plannina Commission Meetina from November 18. 2008. Commissioner O'Neal indicated the purpose of pulling the minutes was due to a typo he found on page 4 of 8, fifth paragraph, the word "resent" is spelled incorrectly. He also noted a correction to the voting results regarding item number three (3) regarding CUP No. 2008-17 and Minor Design Review found on page 4 of 8. He stated that he voted in favor of the project and Commissioner Gonzales voted against. Commissioner Gonzales noted a correction to the minutes under his comments stating that his daughter worked for the State Trooper and not as a State Trooper. It was moved by Vice-Chairman Flores and seconded by Commission O'Neal to approve the November 18, 2008 Minutes with the noted corrections. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL n NOES: NONE ABSENT: COMMISSIONER MENDOZA Page 2 of8 n n n ABSTAIN: NONE PUBLIC HEARING(Sl 2. Conditional Use Permit No. 2007-18: A request to Establish a "Tackle and Bait" Shop in coniunction with a Convenience Store as well as Related On-Site Improvements located at 1604 W. Lakeshore Drive. Recommendations: a. Adopt a resolution adopting findings)hat the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Adopt a resolution approving Conditional Use Permit No. 2007-18 for the establishment of a "Tackle and Bait" shop in conjunction with a convenience store as well as related on-site improvements located at 1604 W. Lakeshore Drive based onthe Findings, Exhibits, and proposed Conditions of Approval (APN's: 375-350-008,039). Chairman Zanelli opened the Public Hearing at 6:18 p.m. Acting Community Development Director Weiner provided an overview of the project to the Commission. He read into the record modifications to Conditions Nos. 25 & 17 as follows: Condition No. 25 delete Condition No. 17 shall be reinstated and modify as follows; approval of Conditional Use Permit No. 2007-18 is expressly conditioned upon the City of Lake Elsinore granting to the applicant at 15 foot access easement across property APN 375-350- 037. Prior to issuance of the building permit the applicant shall have received a valid and recorded access easement from the City as the location shown on the site plan. All processing, recording and other fees associated with the grant of easement shall be bom by the applicant. Chairman Zanelli requested the applicant to approach the podium. Rod Neilson, applicant 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 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. Page 3 of8 In 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. n Shawn Franco, resident spoke in opposition of the project. He stated his concerns with the property and business owners in the area and questioned if an environmental study has been conducted. He pointed out that the project is located within an area that has a large amount of trash and stated he has concerns with the safety and traffic. Brandy Stone, relative of the applicant spoke in' favor of the project. She indicated they called the Health Department to determine what could not be sold at the location. She was told by the Health Department that they could not sell ten (10) cubic square feet of food or snack without a business license. She stated that the City's Code Enforcement Department did approach them and at which the business license was submitted to the officer for verification. She indicated that she was also approached by the Riverside Sherriff's Department who also verified the validity of the business license. She stated she has since been approached by the City's Code Enforcement Department who advised the applicant that they could not sell food. She indicated that they stopped selling the food and have been in contact with the Acting Community Development Director Weiner & Associate Planner Carlson and submitted plans. She expressed to the Commission that they were not trying to be sneaky and have kept an accurate account including sales tax and CRV collected. Acting Community Development Director Weiner indicated that the location has a business license 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, resident 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. ' , n 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. Page 4 of 8 n 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 indicated he researched the background on the offer, however could not locate any information. Chairman Zanelli closed the Public Hearing at 6:50 p.m. and brought the discussion back to the dais for Commissioner's comments. Commissioner O'Neal spoke of an article written by Aaron Burgin with the Press Enterprise that states that the Planning Commission originally agreed to compromise with lake front property owners and gave the area a designation that would allow for some residential development. He stated that the more time he serves on the Commission the more he is aware of individual property owner's rights. Commissioner Gonzales spoke of when the property served as a restaurant and gas station. He pointed out that the Commission is to review the projects and not Code Enforcement issues. He asked the applicant if the property was sewer or septic. n Acting Community Development Director Weiner indicated it was sewer. Commissioner Gonzales spoke of the easement rights and handicap parallel parking. He indicated that he would like to see it come back as a restaurant or snack shop as it was in the past. Commissioner O'Neal requested Deputy City Attorney Winterswyk address the liability issues. Deputy City Attorney Winterswyk stated with the grant of easement the City always incorporates language 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. n 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 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. Page 5 of8 n n n 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 GONZALES COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE It was motioned by Vice-Chairman Flores and seconded by Commissioner Gonzales to adopt Resolution No. 2009-02, approving Conditional Use Permit No. 2007-18. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE BUSINESS ITEMCS) None 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. Page 6 of8 n n n Acting Community Development Director Weiner commented on the following: . He spoke of the item that are tentatively scheduled for the January 20th Planning Commission meeting. . 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 commented on the following: . She reminded the Commission of the AS 1234 Ethic course that needs to be completed. Office Specialist Porche commented on the following: . She reminded the Commission to turn in their Municipal Code books for updating. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal .commented on the following: . He addressed an article that was published in G.Q. Magazine that spoke of Lake Elsinore which was written by a resident of Lake Elsinore and the article was not appreciated. Commissioner Gonzales commented on the following: . No comments Vice-Chairman Flores commented 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. 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 .m. < Page 7 of8 n II In Respectfully Submitted, ] OJM- C . Y(Q!{(' U DANA PORCHE OFFICE SPECIALIST III ATTEST: -k lA 0 ' TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT Page 80f8 _Ii