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HomeMy WebLinkAbout02-17-2009 NAH n ! n n MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 17, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE STAFF PRESENT Also present were: Acting Community Development Director Weiner, Deputy City Attorney Winterswyk, Public Works Director/City Engineer Seumalo, Planning Consultant Donahoe, Associate Planner Carlson, Associate Planner Resendiz, Police Chief Cleary, and Office Specialist Porche. PUBLIC COMMENTS None PLANNING COMMISSION APPROVES THE CONSENT CALENDAR 1. Minor Desian 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. Page 1 of9 , n 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. Tentative Parcel MaD No. 36164 for Condominium Purposes. and Conditional Use Permit No. 2008-27. for "Diamond Professional Plaza" Located at 425 S. Diamond Drive n a. Recommendation: Adopt a resolution recommending approval of Tentative Parcel Map No. 36164 and, b. Adopt a resolution approving Conditional Use Permit No. 2008-27. Chairman Zanelli opened the Public Hearing at 6:02 p.m. Planning Consultant Donahoe provided a brief overview of the project to the Commission. She stated the applicant requests to subdivide an existing medical office building into five condominium units which is located within the East Lake Specific Plan. She noted the applicant is requesting removal of Condition number seven (7) which discusses the Americans Disabilities Act (ADA). She expressed, staff concurs with the request as the applicant has already complied with the ADA. She indicated the applicant is available to answer any questions the Commission may have. Matthew Fagan, representing the engineer of the project indicated that they have reviewed the Conditions of Approval and agreed as amended. Matt Mackerman, engineer for the project thanked staff for all their hard work. n 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. p~op. ? ofQ n 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 seconded by Commissioner Mendoza to adopt Resolution No. 2009-14, recommending the City Council approve Tentative Parcel Map No. 36164 including the removal of Condition of Approval No. seven (7). The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL n NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza and seconded by Commissioner O'Neal to adopt Resolution No. 2009-15, approving Conditional Use Permit No. 2008-27 including the removal of Condition of Approval No. seven (7). The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE n ABSENT: NONE ABSTAIN: NONE P.,,,.1 nfQ n 3. Revocation of Conditional Use Permit No. 2008-09 for Live Music. Dancina. and Entertainment within the Restaurant Area of an Existina Bowlina and Entertainment Center (Trevi Lanes) located at 32250 Mission Trail. 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 (CUP) was presented to the City Council at which time the Council referred the item back to the Planning Commission for consideration of revocation of the CUP. He expressed that the applicant and his legal representative are present and staff would answer any questions the Commission may have. Chairman Zanelli requested any comments from the audience either for or against the project. n JJ Swanson-O'Neal, resident of Lake Elsinore spoke in favor of the project. She indicated that closing the entertainment center would be an absolute shame. She stated she understands the applicant has some violations and stated they should be taken care of, however does not recommend closing the facility. Rod Zamora, resident of Wildomar spoke in favor of the project. He suggested taking care of the issues but objected on closing the facility. He stated he has never seen any negatives taking place at the facility, only families and kids having fun. David Bristow, attomey representing the applicant wanted to clarify to the Commission a few items including the struggle Mr. Knight (the applicant) has engaged in with regards to the business particularly in today's economic phase. He indicated that Mr. Knight rehabilitated the building that was once a K-Mart and has worked very hard to comply with the entire CUP terms that he agreed to. He spoke of the issue with the single fire-door and indicated the reason that the door was secure was in order to prevent "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. Knight 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. n 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. P:10P: J. nfQ In 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. Commissioner Gonzales stated that he is not in favor of closing down the facility. He spoke of the Noise Ordinance and the monitoring of the curfew by either the Police Department or Code Enforcement. He requested clarification for the application for the stage and if it would be coming back to the Planning Commission for review. Acting Community Development Director Weiner indicated that the application is pending the action taken tonight. n Commissioner Gonzales indicated it is a good place for entertainment. Commissioner Mendoza stated that he initially supported the project but time after time the applicant displayed total disregard towards the policies and procedures set forth by the City. He noted the applicant signed and agreed to the Conditions of Approval set forth for the project. He spoke of inappropriate flyers being distributed at the local high school and Mr. Knight needs to abide by the rules. Vice-Chairman Flores requested Mr. Bristow to approach the podium. He asked Mr. Bristow if he knew of any other perimeter doors were modified, removed or locked. David Bristow stated that he only knew of one door. Vice-Chairman Flores asked Acting Community Development Director Weiner if he could give any information regarding the doors. Acting Community Development 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. n . 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. p~up. '" ()fQ n 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. 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. n Mr. Knight. applicant for the project indicated that he is an engineer by profession and it would not be difficult to relocate. He stated from day one when he came to Lake Elsinore he did not intend on having any live entertainment. He stated that he thought he was facing a normal situation and noted that he has about eighteen businesses in six different countries. He stated that he has never had to baby sit a business like this one. He stated that he is dealing with a very difficult population and has had no control with the graffiti issues. He indicated 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 than doors being locked and stages being constructed on the left or the right side. He stated that the City has 90% good population and 10% bad and for the City to deal with negative elements as he is not the enemy. Chairman Zanelli spoke of information on the internet speaking of a "Buddha Fest" event and asked Mr. Bristow if he is aware of the event. David Bristow replied that he had no idea. Chairman Zanelli asked Mr. Bristow if Mr. Knight is to be held responsible for the events that take place at Trevi Lanes. David Bristow replied that Mr. Knight is responsible for what occurs inside Trevi Lanes Entertainment Center. He indicated that Mr. Knight does not have the control of what his promoters do or put on their adslflyer and distribute anonymously. n 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. P~a" Ii "fQ n 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 for ninety days instead of six months. Commissioner Mendoza asked if ninety days would be enough time for the CUP to be modified and brought back to the Commission for discussion. Acting Community Development Director Weiner stated that ninety days would be more than enough time. n Chairman Zanelli noted that in addition to having the CUP brought back to the Commission, the Commission should also review the Conditions of Approval concerning the licensing, bonding of the security and the security system along with the hours of operation which should coincide with the bowling alley. Vice-Chairman Flores suggested that the recommendations from the Chief of Police be included on the modified CUP. There being no further discussion Chairman Zanelli requested a motion. A motion was made 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 Planning Commission within that time period to include any modification and additions to the Conditions of Approval and recommendations from the Chief of Police. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER MENDOZA n NOES: COMMISSIONER O'NEAL COMMISSIONER GONZALES ABSENT: NONE ABSTAIN: NONE PJlOP 7 nfQ n 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 ITEMlSl None STAFF COMMENTS Acting Community Development Director Weiner commented on the following: . He spoke of a community outreach meeting regarding the Lake Street Market Place. He indicated the meeting would be held on Thursday, February 26, at 7:00 p.m. at the City's Cultural Center. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: . No comments. n Commissioner Gonzales commented on the following: . He spoke of an email that he received regarding a San Diego Court ruling concerning cell towers. Deputy City Attorney Winterswyk indicated she would review the ruling and provide information at the next meeting. Commissioner Mendoza commented on the following: . He noted that he had the pleasure of adopting a new puppy from the Lake Elsinore Animal Friends Shelter. Vice-Chairman Flores commented on the following: . He thanked staff and Police Chief Cleary for all of the recommendations. . He wished his wife a Happy Birthday. Chairman Zanelli commented on the following: . No comments. n P~ap. R nfQ n n n 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. cfI ,{ i/s, .- L aM~./!d AXEL~6t:1I, HAIRMAN PLANNING COMMISSION Respectfully Submitted, ~lAAt C, V(()~~t DA A PORCHE OFFICE SPECIALIST III ATTEST: ~\^O( TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT p~O"p. Q nfQ