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HomeMy WebLinkAbout06-16-2009 NAH MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JUNE 16, 2009 I CALL TO ORDER Chairman Zanelli called the meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE Vice-Chairman Flores 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, Senior Planner Harris, Planning Consultant Coury, Associate Planner Resendiz, and Office Specialist Porch6. PUBLIC COMMENTS Gerardo Cuadra, resident of Lake Elsinore advised the Commission that he recently purchased a new home in Lake Elsinore and requested the Commission to advise him of the correct procedures for installing a septic tank since the sewer line is over 670 feet 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. CONSENT CALENDAR ITEM(S) Planning Commission Meeting June 16, 2009 Page 2 of 12 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 FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) 2. Tentative Parcel Map No. 25336, and Tentative Tract Map No. 35337, for the "Spyglass Ranch Specific Plan" located on the east side of Camino Del Norte at the intersection with Main Street Recommendations: a. Continue to a date to be determined. Chairman Zanelli opened 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. I Planning Commission Meeting June 16, 2009 Page 3 of 12 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 agreed with staffs recommendations and had no further comments. Commissioner Gonzales had no comments. Commissioner Mendoza concurred with staffs recommendations and had no further comments. Vice-Chairman Flores concurred to continue off calendar to an unspecified date in the future. Deputy City Attorney Winterswyk spoke of the nature of the continuance. She indicated if the item would be continued without re-noticing then there must be a specific date specified. Erik Lunde suggested having the project heard on July 7, 2009. A motion was made by Commissioner Gonzales and seconded by Commissioner O'Neal to continue Tentative Parcel Map No. 35336, and Tentative Tract Map No. 35337, for the "Spyglass Ranch Specific Plan" to the July 7, 2009 Regular Planning Commission meeting. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE I I Planning Commission Meeting June 16, 2009 Page 4 of 12 3. Conditional Use Permit No. 2009-01 and a Minor Design Review - "Roval Street Communication" Wireless Monooine Cellular Tower Facility located at 16401 Lakeshore Drive Chairman Zanelli opened the Public Hearing at 6:07 p.m. Recommendations: a. Adopt a resolution recommending Planning Commissioner approval of !i Conditional Use Permit No. 2009-01, and b. Adopt a resolution recommending Planning Commission approval of a Minor Design Review. Acting Community Development Director Weiner introduced Planning Consultant Coury who would be providing the Commission with a brief reading of the staff report. Planning Consultant Coury provided a brief overview of the project. He indicated the applicant is requesting a Conditional Use Permit in addition to a Minor Design Review to enable a co-location of several new telecommunication panels on an existing 81-foot tall tower. He stated the location is 16401 Lakeshore Drive and would be designed as a Monopine facility. He stated the applicant is proposing to include a GPS antenna, a two (2) foot microwave dish on the structure and equipment cabinets which would match the surrounding fencing. He indicated staff supports the project, and the applicant is available to answer any questions the Commission may have. Chairman Zanelli requested the applicant to approach the podium. Monica Moretta, representing Royal Street Communications, Inc. indicated that she agrees to the Conditions of Approval. Commissioner Gonzales had no comments. Commissioner Mendoza had no comments. Vice-Chairman Flores had no comments. Commissioner O'Neal had no comments. 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. I Planning Commission Meeting June 16, 2009 Page 5 of 12 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 to adopt Resolution No. 2009-40, approving a Minor Design Review for the design and construction of a co-located wireless antenna tower facility located at 16401 Lakeshore Drive, Lake Elsinore. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES I COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE 4. Modification of Conditional Use Permit No. 2008-09; A request to legalize a previously constructed 740 square foot elevated stage within the Sports Bar area of an existing Bowling and Entertainment Center (Trevi Lanes) located at 32250 Mission Trail, Lake Elsinore, CA 92530 Chairman Zanelli opened the Public Hearing at 6:13 p.m. i 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 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. Chairman Zanelli requested any public speakers to speak in favor of the project. i I Planning Commission Meeting June 16, 2009 Page 6 of 12 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 of the Best Western Hotel adjacent to the Trevi Lanes property. He indicated he has reviewed the Conditions of Approval paying particularly attention to Condition No. 64 where it discusses the mitigation of noise disturbances. He pointed out to the Commission the Memorandum dated January 20, 2009 from Captain Cleary outlining numerous calls/actions taken since the business opened. He stated his clients have lost revenue from having to refund money to back customers due to the noise coming from the entertainment center. He questioned on ways to mitigate issues and feels there is a lack of communication between the owner of the entertainment center and the hotel manager. He stated the hotel manager has made several attempts to contact the entertainment manager regarding the noise, but could not reach him. Mr. Ward indicated that he sent a certified letter to the project owner advising them that they would provide at their cost a certified sound technician to conduct a study to determine the decibel levels that the sound systems are generating and see how it would impact based upon the distance between the two businesses. He indicated that as of today he has not received any response from the owner. He asked the Commission if additional conditions were going to be discussed at the meeting. Acting Community Development Director Weiner replied by saying at the Hearing when the suspension was considered, there were new conditions that were presented. He stated at that time consideration of the new conditions was put on hold until the item returned to the Commission. Matthew Ward, continued by saying it is his understanding that CEQA does contain provisions to environmental impacts involving noise. He stated his clients are in the audience to answer 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. 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. Planning Commission Meeting June 16, 2009 Page 7 of 12 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. Michel Knight responded by saying he is available everyday and to have one of his staff members locate him if they need to speak with him. He stated the owners of the hotel are welcome to come into his business and conduct inspections if requested. Matthew Ward responded by saying Mr. Knight's comments illustrate the need of external policy to implement ways to mitigate the noise issue. He suggested one way is to have an engineer look at the roof structure or maybe have a sound engineer conduct some type of testing. Commissioner O'Neal asked Mr. Patel why he did not conduct any readings at the hotel as opposed to taking them at the entertainment center and also how many days were the decibel levels above the allowed amount. Mr. Patel replied by saying if he can hear the music from his hotel, then the music is loud enough. He stated he has not conducted any sound readings from his hotel. Commissioner O'Neal pointed out that he is not sure if the sound issue has anything to do with the approval of the stage which is what is before the Commission today. Chairman Zanelli pointed out the discussion tonight is pertaining to a stage that was built without any approvals or permits and really doesn't have anything to do with sound. Commission Gonzales asked Mr. Knight if there is a decibel reader inside of the entertainment center. 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 F1 saying the readings should be taken at the property line and the decibel levels 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. Planning Commission Meeting June 16, 2009 Page 8 of 12 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 Noise Ordinance does not differentiate between commercial uses. He stated it just states residential, commercial and industrial. He stated the hotel is considered a commercial use although Mr. Patel is correct by saying people sleep at the hotel, it is still considered a commercial use. He stated in regarding the noise level readings, a reading should be conducted by a licensed acoustical engineer. Commissioner Mendoza pointed out that the CUP is still under the Planning Commission and therefore the Commission can make a decision. He stated that Mr. Knight has met all of the requirements necessary for the approval of the stage. He indicated from what he has heard, it appears that this is not so much as a stage issue but rather a lack of communication between the hotel owner and the entertainment center. He noted the addition of Condition No. 64 which addresses that issue. He suggested that once this project becomes approved, have the project come back to the Commission for another review and if there are no further problems then he stated he does not want to have it come back to the Commission. Vice-Chairman Flores asked Acting Community Development Director Weiner what the procedures would be if the project was approved. Acting Community Development Director Weiner replied by saying if the project is approved this evening, anyone could appeal the Planning Commissions decision within 15 days. He stated at the end of the appeal period staff would look at where the construction level is and the Building Division would then finalize their plan check, then a building permit would be issued and the inspections would follow. He stated if an appeal was filed, it would go before the City Council for their review and the City Council could modify the Conditions. Vice-Chairman Flores 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. 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. i Planning Commission Meeting June 16, 2009 Page 9 of 12 Vice-Chairman Flores noted the amount of security officers that are employed at the ~I 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. 63 which discusses events going no later than 3:00 a.m. and suggested some exceptions should be made for the high schools that have all night events. Chairman Zanelli concurred with the suggested and added on a regular basis 2:00 a.m. should be adequate with the exception of Grad Night. Commissioner Mendoza requested clarification on the wording for Condition No. 61 and asked what the circumstances would be should the proposed Text Amendment changing the process is approved. Deputy City Attorney Winterswyk replied by saying that should the proposed Text Amendment that is coming before the Planning Commission gets approved, it would not have any effect on this project. Chairman Zanelli spoke of Condition No. 32 where it discusses the installation of high quality security surveillance cameras in good operating condition. He recommended adding Video recordings shall be made available on demand to the Sheriffs Department and that all recordings shall be kept for a minimum length of time as prescribed by the Chief of Police." Chairman Zanelli 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 Department," and "any new violations of the Municipal Code or the Conditions of Approval 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." I Vice-Chairman Flores asked what time would the music stop playing. 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. Planning Commission Meeting June 16, 2009 Page 10 of 12 I Acting Community Development Director Weiner pointed out to the Commission that currently special events such as Grad Nights are not required to have a special or temporary permit. Chairman Zanelli replied by saying he preferred having the events end at 2:00 a.m. and he would not have a problem with Grad Nights, however those should be reviewed in a manner which would be allowed to take place without being a nuisance to the surrounding businesses. Deputy City Attorney Winterswyk suggested adding "Any High School supervised lock-down type of event must comply with the City's Noise Ordinance." Chairman Zanelli replied by saying he did not think that it would be adequate if an event caused disturbance to the Best Western Hotel or any other business in the area. Acting Community Development Director Weiner recommended the language to Condition No. 63 to read, "Private events shall go no later than 2:00 a.m. nor begin before 8:00 a.m. with the exception of adult supervised high school events in which the Community Development Director shall approve such an event on a case by case basis" Deputy City Attorney Winterswyk asked the applicant if he would approve the added language to the Condition. Michel Knight replied by saying "Yes." He added he did not approve of the idea that he would need to come back to the Commission every time someone would make a complaint. I Chairman Zanelli replied 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 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 F1 COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE u I Planning Commission Meeting June 16, 2009 Page 11 of 12 ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) None STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: • He brought the Commission up to date on the CIP program where he discussed Central Avenue at the 1-15 Freeway and how it is moving forward and staff expects the be project to completed by next month. • He stated the Dexter Avenue CIP project has been completed, however there are still signs missing, but would get posted. • He spoke of the median islands at the Center of Grape Street and how the turf would be removed and weeded as well as the medians along Mission Trail and Lincoln. He stated Grape Street would have bark and a drought plant material added in order to have a low-flow irrigation installed in order to save water. Mission Trail & Lincoln would have to wait until the Weed Abatement program is over. PLANNING COMMISSIONER'S COMMENTS Commissioner O'Neal commented on the following: • No comments. Commissioner Gonzales commented on the following: • He spoke of campaign signs that are stilt remaining and suggested to having them removed. 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 not in compliance with the Conditions of Approval that states "all signs must be in Spanish and English." Planning Commission Meeting June 16, 2009 Page 12 of 12 Vice-Chairman Flores commented on the following: • He spoke to a person in the audience regarding a home purchase on Lash Street, however the individual did not come up to the podium and therefore did not get recorded. Chairman Zanelli commented on the following: • No comments. ADJOURNMENT It was the consensus of the Commission to adjourn to the July 7, 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 7:29 p.m. awa'4o"~ AAXEL/ZANELiff, HAIRM N I 'I PLANNING COMMISSION , R Mspectfully Su itted C' ~ r DANA PORCH H OFFICE SPECIALIST III A EST: a TOM WEINE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT ~I I