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HomeMy WebLinkAbout04-21-2009 NAH MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 21, 2009 CALL TO ORDER Chairman Zanelli called the meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE Commissioner Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES r 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, Senior Planner Harris, Planning Consultant Coury, and Office Specialist Porche. PUBLIC COMMENTS NONE CONSENT CALENDAR ITEM(S) 1. Minutes from the following Planning Commission Meeting(s) a. October 16, 2007 Recommendations: Approve Planning Commission Meeting April 21, 2009 Page 2 of 10 f~ Commissioner Gonzales inquired the status of the older minutes. Office Specialist Porch6 replied by saying there are four sets of minutes that need the Commission's approval; however, once those sets have been approved, the minutes would be up to date. A motion was made by Commissioner O'Neal and seconded by Commissioner Gonzales and passed by a unanimous vote approving the October 16, 2007 Regular Planning Commission Minutes. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE r°( ABSTAIN: NONE PUBLIC HEARING(S) 2. Plannino Commission Consideration of a Tattoo/Body Piercing Establishment as a Conditional Use within the Neighborhood Commercial (C'-1) Zoning District and Conditional Use Permit No. 2007-04: A Request to Ooeratel a Tattoo/Body Piercing Establishment as an Accessory Use within an Existing Building located at 138 N. Main Street. Recommendations: a. Adopt a resolution adopting Findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and b. Adopt a resolution permitting tattoo/body piercing establishments as a conditional use within the (C-1) Neighborhood Commercial Zoning District and approving Conditional Use Permit No. 12007-04 for the operation of a tattoo/body piercing establishment as an accessory use within the "Velvet Vault" retail store, based on the Findings, Exhibits, and proposed Conditions of Approval. Chairman Zanelli opened the Public Hearing at 6:04 p.m. Senior Planner Harris provided an overview of the project to the Commission. He stated the applicant proposes to operate a tattoo/body piercing establishment as an accessory use within a retail clothing store known as "The Velvet Vault" located on Main Street within the City's downtown commercial core. He stated the property is Planning Commission Meeting April 21, 2009 Page 3 of 10 located within the Historic Downtown Elsinore Overlay District and has a zoning designation of Neighborhood Commercial. He indicated staff has reviewed both the ( permitted and conditional uses listed for the Neighborhood Commercial Zone. He stated staff has reviewed both the permitted and conditional uses listed for the Neighborhood Commercial (C-1) zones and determined the closest related use to a tattoo/body piercing establishment is a beauty or barber shop which both is allowed as permitted uses in the C-1 zone. Staff believes the proposed use meets all of the applicable development standards and criteria outlined in the Neighborhood Commercial Zone and the LEMC. He recommended the Planning Commission adopt a resolution and approve the project based on the Findings and is subject to the Conditions of Approval. He pointed out to the Commission that condition number 18 would be deleted due to potential enforcement issues. He advised the Commission that the applicant is available to answer any questions the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Desiree Eisenbarth, applicant for the project introduced herself to the Commission and agreed to the Conditions of Approval. Chairman Zanelli asked the applicant if she would agree to have a condition added that would state "No alcohol would be served on the premises". r Desiree Eisenbarth agreed to the additional condition. Chairman Zanelli requested any public speakers who wished to speak either for or against the project. Christine Edwards, 18915 Oakview Way, Lake Elsinore stated she supports the project. She stated the applicant has a high standard which reflects in her business. She indicated the applicants business is considered unique to the City as well as the Inland Empire. Chairman Zanelli brought the discussion back to the dais for Commissioners' comments. Commissioner O'Neal indicated he is glad that Condition No. 18 was deleted and he suggested removing the policy of having tattoo parlors raraeued frern included in the CUP process. Commissioner Gonzales indicated he is somewhat old fashion and did not use tattoo parlors. He wasn't sure if the project was suitable for the downtown town area; however he wanted to take into consideration the comments made from the other Commissioner's before making a decision. Commissioner Mendoza indicated he does not object having the tattoo/body piercing shop located in the downtown area. He stated as long as the project is handled professionally he would approve it. Planning Commission Meeting April 21, 2009 Page 4 of 10 Vice-Chairman Flores welcomed the applicant and requested clarification regarding the store hours of operation. He asked if hours listed for tattooing would be the same for the sale of clothing. Desiree Eisenbarth responded by saying "Yes it would." Chairman Zanelli spoke of a conversation he had with Ms. Ruth Adkins regarding the proposed project. He stated that Ms. Adkins had spoken with a few of the businesses along Main Street which stated they did not have a problem with the proposed project coming to Main Street. Ruth Adkins, resident of Lake Elsinore stated she had spoken with a number of the merchants on Main Street and has no problem with the tattoo shop because of the way the applicant would conduct her business. She stated the applicant had circulated a petition among the merchants along Main Street and received sixteen (16) signatures that support the project. Commissioner O'Neal pointed out to the Commission adjacent to his office there is a tattoo shop which he has never seen or heard of any problems with the business. Commissioner Gonzales stated based on the information he has heard, he supports the project. Chairman Zanelli closed the Public Hearing at 6:20 p.m. There being no further discussion Chairman Zanelli requested a motion. A motion was made by Commissioner O'Neal and seconded by Commissioner Mendoza and passed by unanimous vote to adopt Resolution No. 2009-29, 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 MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE F ABSTAIN: NONE Planning Commission Meeting April 21, 2009 Page 5 of 10 A motion was made by Commissioner Mendoza and seconded by Commissioner O'Neal and passed by a unanimous vote to adopt Resolution No. 2009-30, approving tattoo/body piercing establishments as a Conditional Use within the Neighborhood Commercial (C-1) Zoning District and approving Conditional Use Permit No. 2009-04 including the deletion of Condition No. 2009-18 and the addition of the Condition addressing no alcohol on the premises. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Conditional Use Permit No. 2008-21 and a Minor Design Review for the Design of a Mono-Light Pole Structure located in McVicker Park at the Southwest Corner of McVicker Canyon Park Road and Grand Avenue. Recommendations: a. Adopt a resolution approving Conditional Use Permit No. 2008-21; and b. Adopt a resolution approving Minor Design Review for the design of a Wireless Mono-Light Pole Cellular Tower. Chairman Zanelli opened the Public Hearing at 6:21 p.m. Planning Consultant Coury provided an overview of the project to the Commission. He stated the applicant is requesting a Conditional Use Permit and Minor Design Review for a mono-light pole structure to be located within the McVicker Park. He stated the proposed unmanned wireless telecommunication facility would replace an existing ball field light pole at the park's site. He indicated the facility equipment would be screened and secured with a proposed 8'0 tall masonry wall. He added that low shrubs and ground cover would be planted in areas surrounding the walls to soften the appearance of the walls. He recommended the Planning Commission adopt a Resolution and approved the project based on the Findings and is subject to the Conditions of Approval. He stated the applicant is available to answer any questions the Commission may have. Chairman Zanelli requested the applicant to come forward. Planning Commission Meeting April 21, 2009 Page 6 of 10 Monica Moretta, representative from Royal Street Communications stated her client had read and agrees to the Conditions of Approval and would answer any questions the Commission may have. Commissioner Gonzales had no comments. Commissioner Mendoza had no comments. Vice-Chairman Flores requested information on the applicant. Monica Moretta stated that Royal Street Communications hold the license for Metro PCs. Commissioner O'Neal had no comments. There being no further comments, Chairman Zanelli closed the Public Hearing at 6:24 p.m. and requested a motion. A motion was made by Commissioner Gonzales and seconded by Commissioner Mendoza and passed by a unanimous vote to adopt Resolution No. 2009-31, approving Conditional Use Permit No. 2008-21. 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 Mendoza and seconded by Commissioner Gonzales and passed by a unanimous vote to adopt Resolution No. 2009-32, approving a Minor Design Review for the design and construction of a Ver+zen Royal Street Menepine Mono-pole wireless antenna tower facility. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL 1 Planning Commission Meeting April 21, 2009 Page 7 of 10 NOES: NONE ABSENT: NONE ABSTAIN: NONE Monica Moretta pointed out to the Commission and staff that the wording in the Resolution should state Metro PCS and not Verizon. The minutes reflect the changes made to the Resolution. BUSINESS ITEM(S) 4. General Plan Conformity of the Summary Street Vacation for a portion of the Right- of-Way Known as "Flint Street" Recommendation: a. Adopt a resolution finding that the Summary Vacation of Flint Street as described on the attached Plat Map and Legal Description conforms to the Lake Elsinore General Plan; and b. Direct staff to forward a copy of the report, and the Planning Commission Resolution to the City Council for consideration. Public Works Director/City Engineer Seumalo provided an overview of the project to the Commission. He stated the applicant is proposing a Summary Street Vacation of a portion of Flint Street right-of-way lying between Lewis Street and Scrivener Street. He stated it is not generally used by the public for street purposes and is not a city maintained road and is no longer needed. He indicated that staff supports this project and would be available to answer any questions the Commission may have. Chairman Zanelli asked if the property lines would be adjusted from the center of the street to both sides. Public Works Director/City Engineer Seumalo replied by saying "Yes, that is standard." He stated it depends on the research end and who dedicated the easement and it is not unusual from the easement to go to the center line. There being no further comments, Chairman Zanelli requested a motion. A motion was made by Commissioner O'Neal and seconded by Commissioner Gonzales and passed by a unanimous vote to adopt Resolution No. 2009-33, recommending that the City Council adopt Findings that the summary vacation of a F1 portion of Flint Street conforms to the City's General Plan Circulation element. Planning Commission Meeting April 21, 2009 Page 8 of 10 The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: He provided the Commission with CIP updates including the 1-15 Central Avenue Interchange project. He stated the wall under the freeway has had its first coat of concrete. They will start curb & gutter work at the end of the week with paving to follow. • He spoke of the Dexter Avenue project stating the preconstruction grading. He Il spoke of the shoulder widening and noted the traffic would go on the side streets as the asphalt is demolished and re-paved. He spoke of the Lakeshore Drive overlay project which extends from the Illinois to the Stater Bros driveway which was approved by the City Council. He stated the project should be designed within a month or so and then would go out to bid in the summer. Acting Community Development Director Weiner commented on the following: • He spoke of the Downtown Master Plan Joint Study Session to be held on May 6, 2009 at 5:00 at the City's Cultural Center. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: He spoke of the traffic lights along Railroad Canyon Road starting from Casino Drive to Grape Street. He stated at times only one car can get through the light during peak hours. Public Works Director/City Engineer Seumalo replied by saying the area is scheduled improvements with CalTrans to have the interchange improved. F He stated at this point the proposal is a four step process and the City is at step three. He stated TUMP fees are paying for most of the cost. Planning Commission Meeting April 21, 2009 Page 9 of 10 Commissioner Gonzales commented on the following: • He spoke of drivers making illegal left turns into the McDonalds from Lakeshore Drive and Auto Center Drive. Public Works Director/City Engineer Seumalo replied by saying "Correct as it is a painted median on Auto Center Drive and as well on Lakeshore Drive. Commissioner Gonzales stated everyone who goes into that center makes an illegal turn crossing the double-yellow lines onto traffic. Public Works Director/City Engineer Seumalo replied by saying "The reason we have the painted median is because of the lack of storage or left turn pocket opportunities, which causes conflicts." • He spoke of a house fire on Hunt Street and wanted to know the status of the gazebo in the rear. Acting Community Development Director Weiner replied by saying the gazebo has not been repaired and hopes it would be finished soon. Commissioner Mendoza commented on the following: • No comments. Vice-Chairman Flores commented on the following: • No comments Chairman Zanelli commented on the following: • He wanted to thank Traffic Engineer Basubas for attending the Lake Elsinore Citizens Corp meeting. • He thanked the Fire Department for their hard work on the fire that broke on out on top of the Ortega Hwy which started around 4:00 p.m. and was extinguished very quickly. ADJOURNMENT It was the consensus of the Commission to adjourn to the May 5, 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 6:44 p m. F1 AX ZA LLI, A MAN PLANNING COMMISSION I i Planning Commission Meeting April 21, 2009 Page 10 of 10 Respectfully Submitted, das 0, Lkx DANA PORCHP OFFICE SPECIALIST III ATT ST: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT n