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HomeMy WebLinkAbout01-19-2010 NAHMINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 19, 2010 CALL TO ORDER Chairman Flores called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE Vice-Chair Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI ABSENT: NONE STAFF PRESENT Also present were: Director of Community Development Weiner, Deputy Winterswyk, Public Works Director/City Engineer Seumalo, Police Building & Safety/Code Enforcement Manager Chipman, RDA Analyst Office Specialist Porche. PUBLIC COMMENTS None. CONSENT CALENDAR ITEM(S) 1. Approval of Planning Minutes Recommendation: Approve the following Minute(s): City Attorney Chief Cleary, Carlson, and a. December 15, 2009 Regular Planning Commission Minutes Planning Commission Meeting January 19, 2010 MOTION was made by Commissioner O'Neal and seconded by Commissioner Zanelli to approve the December 15, 2009 Regular Planning Commission Minutes. AYES: CHAIRMAN FLORES VICE-CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE PUBLIC HEARING ITEM(S 2. Consideration of Modification. Suspension, and/or Revocation of Conditional Use Permit No. 2008-09 for Live Music. Dancing, and Entertainment within the Restaurant of an Existing Bowling and Entertainment Center (Trevi Lanes) located at 32250 Mission Trail. Lake Elsinore. Recommendation: Direct staff as deemed appropriate. Chairman Flores opened the Public Hearing at 6:10 p.m. Due to conflict of interest, Vice-Chair Gonzales recused himself at 6:06 p.m. Chairman Flores accepted his request and asked for the reading of the staff report Director of Community Development Weiner provided an overview of Conditional Use Permit No. 2008-09. He stated the staff report contains a time-line of the different actions taken by the Planning Commission and the City Council dating back to March 20, 2007. He noted the item came before the Planning Commission on December 15, 2009 as a six-month review and a previous CUP approval in June 2009. He stated there are several options the Planning Commission may consider. Chairman Flores requested the applicant to approach the podium. Michel Knight operator/owner of Trevi Entertainment Center introduced himself to the Planning Commission. Chairman Flores requested any speakers to address the Commission that is in favor of the project. Daryl Hickman, resident of Lake Elsinore spoke in favor of the project. He noted his concerns for the economy and noted Trevi Entertainment puts thousands of dollars Planning Commission Meeting January 19, 2010 into the City's General Fund. He noted the numerous police service calls that were reported and pointed out that Target and Wal-mart have more service calls than Trevi. He stated the issues with Trevi Entertainment has been going on too long and would like to see them resolved. Chairman Flores asked if anyone else wished to speak in favor of the project. There being no further requests to speak, Chairman Flores asked if anyone wished to speak against the project. Office Specialist Porche advised Chairman Flores of a letter of opposition that was received by Danielle Rice which was read into the record. Chairman Flores closed the Public Hearing at 6:15 p.m. and brought the discussion back to the dais for Commissioner's comments. Commissioner Mendoza agreed with Daryl Hickman's comments that something needs to be resolved. He stated he was glad that he pointed out the differences in calls however pointed out that Wal-mart is open 24 hours a day, 7 days a week. He stated there is spirit of the law and letter of the law, and the Planning Commission has granted him spirit of the law for three years now. He stated he used to be one of Trevi's biggest fans but it seems as though Trevi always comes back with something else going on. Every time he gets up to speak to the Planning Commission, he shows not one ounce of remorse and blames everyone and everything that goes wrong with the project. He wished these issues would have been resolved six- months ago, but unfortunately it hasn't. Commissioner O'Neal expressed to the audience that he runs an insurance company and is familiar with risk management. He noted it is the responsibility of an insurance company to inspect the premises. He stated he has made numerous visits to Trevi and has verified the music cannot be heard outside. He stated he has a problem with the complaints of the noise. He stated there have been times when Mr. Knight has not complied with the requirements and stated he has stressed to the City and staff that he should be fined for the violations, which do not warrant revocation of the CUP. He requested the Deputy City Attorney to explain what the CUP does for the land and landowner. Deputy City Attorney Winterswyk stated if a property owner filed an application for a CUP, from the time the application is filed until the time the final approving body either approves or denies the CUP the property owner is deemed to have a small interest in the CUP. Once the CUP has been approved the interest becomes significant. Property owners have what is known as a vested right. In order for the City to be justified in taking action adverse to that vested right, the City must act reasonably and must act in accordance with the standards that are set forth in the City's Municipal Code. She stated the government code does not establish a set of criteria by which a city must evaluate a CUP or the possibility of revocation of the CUP. Instead, the government code leaves the policy making and regulation up to Planning Commission Meeting January 19, 2010 the City to establish, which is how we look to our Municipal Code for the standards that we use in evaluating CUP's for both issuance and or suspension. Commissioner O'Neal asked if a number of constitutional rights go along with the CUP, such as equal protection. Deputy City Attorney Winterswyk replied by saying perhaps, it depends on the facts and circumstances of each particular case. Commissioner O'Neal stated that based on his experience as a risk management individual, he doesn't see the problems that others see and doesn't believe that the number or violations that are presented arise to having the CUP revoked or suspended. Commissioner Zanelli pointed out there has been a three-year history of continued violations regarding the building and fire codes. He stated the City has made many efforts to work with the applicant and yet he has continued to decide that the City's codes do not matter to him. He stated he does not want to risk having someone die because of a locked door and because of that he can no longer support the operation in the way it is being conducted. Chairman Flores asked Director of Community Development Weiner if the stage area includes dancing and live entertainment. Director of Community Development Weiner replied by saying the sports bar area includes dancing and live entertainment which was included in the CUP. Chairman Flores requested the applicant to approach the podium. Michel Knight addressed his concerns to Commissioner Zanelli including the CUP was only 1 '/2 years old and not three years as mentioned and feels that he (Commissioner Zanelli) has already made up his mind regardless of what he said. He pointed out to the Commission that he was required to have sprinkler systems yet the City's Cultural Center does not. He advised the Commission of the area that was locked at his facility was a storage area and contained only storage materials. He asked a series of questions to Chairman Flores. Deputy City Attorney Winterswyk answered on his behalf. They are as follows; Michel Knight asked if Chairman Flores is chairman of the committee and a public official within the meaning of the rules. Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the regulations that apply to the Political Reform Act then the answer is "yes." Michel Knight asked if Chairman Flores is participating, making or influencing a government decision. Planning Commission Meeting January 19, 2010 Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the regulations that apply to the Political Reform Act then the answer is "yes." . Michel Knight asked what are Chairman Flores's economical interests and the possible financial conflicts of interest with the applicant, such as a business investment, real property or sources of income. Deputy City Attorney Winterswyk replied by saying he has no financial sources of income from the applicant. Michel Knight stated that Chairman Flores has two businesses in the City one of which is known as Las Palmas Restaurant. He stated the same DJ that plays there at the restaurant also plays at Trevi. He asked for copies of the CUP for Las Palmas live entertainment and was told there was never one issued. He stated Chairman Flores has a conflict of interest because he is a direct competitor. Chairman Flores asked Mr. Knight if he was including restaurants along Main Street that play music, or was he just singled out. Michel Knight replied by saying those are coming up. He stated he is tired of being the entertainment of newspapers and is being very straightforward about it. He spoke of Chairman Flores business property and how he has conducted improvements at the Las Palmas II Restaurant which is only two-blocks from his business. He quoted California Government Codes Sections 87100 which discusses financial interest of a government official and requested Chairman Flores to recuse himself. Chairman Flores asked the Deputy City Attorney Winterswyk to speak on his behalf. Deputy City Attorney Winterswyk responded to Michel Knight's reading of California Government Code Section 1090 regarding the conflicts of interest which arise as a result of a contract that a public body enters into where the public official has an interest in the contract that is entered into. She stated Section 1090 does not apply to this case before the Commission because the Commission is not considering entering into a contract with Mr. Knight or with Trevi Entertainment. The item that is before the Commission is a CUP which is a license to operate a business and not a contract within the meaning of Section 1090. She stated she spoke with Chairman Flores before the meeting about any potential conflict of interest and concluded that there is no financial conflict of interest that would require Chairman Flores to either disclose the interest or to disqualify him from consideration of the item before the Commission. The way that Mr. Knight has categorized conflicts of interest is not entirely accurate. Conflicts of Interest do not arise as a result of business competition or business conflict. Conflicts of Interest arise based on business investments, as a result of income, results of gifts, or results of real property Planning Commission Meeting January 19, 2010 interests, of which none of those interests are at issue here. She stated the closest factual situation which could possibly have lead to some question about a conflict of interest was the notion of a birthday party that was held at Las Palmas Restaurant and it was determined that it was not an interest that rose to the level of a conflict of interest. She stated, based on the discussion with the City Attorney's office Chairman Flores will not recuse himself. Michel Knight stated that he hopes that Chairman Flores received correct advice because he stated he has four conflicts of interest and his attorney would proceed with the matter and asked him again to recuse himself. Chairman Flores replied by saying, "No sir, I'm not." Michel Knight advised the Commission that he would like to show a video of a recent birthday party held at Las Palmas Restaurant which is currently shown on Youtube.com. Commissioner Mendoza asked Deputy City Attorney Winterswyk if this was relevant to the CUP before the Commission. Deputy City Attorney Winterswyk stated the Brown Act requires the Commission consider evidence and information that is relevant only to the item that is agenized. She reminded the Commission that the item that was agenized is the consideration of modification of CUP No. 2008-09. Therefore, this does not involve Las Palmas Restaurant. Michel Knight stated not a problem, he would not discuss anything about Las Palmas Restaurant, and it will be at another meeting. Michel Knight handed out a copy of his PowerPoint presentation titled Trevi Entertainment Center CUP No. 2008-09 Lake Elsinore Police Report Statistics which was entered into the record. Commissioner O'Neal requested a recess in order to review the recent material Mr. Knight handed to the Commission. Chairman Flores called for a recess at 6:48 p.m. Chairman Flores called the meeting back to order at 6:53 p.m. and requested Mr. Knight to continue with this presentation. Michel Knight provided a PowerPoint presentation to the Planning Commission which provided data regarding police service calls. He discussed establishments in Lake Elsinore that had police reports taken from June to December 2009 based on the Riverside County Sheriff Department Data and noted the Bikini Beach Club came in at 10% where his business came in at 8%. He asked why they (Bikini Planning Commission Meeting January 19, 2010 Beach Club) have not had to come before the Planning Commission and stated he does not believe that he is here because Trevi is a threat but because it is politically motivated for the past year. He showed pictures to the Commission of three under age children which he had to call the police department to report for intoxication. He questioned why this would be included into the statistics for saving a child whose life was in danger. Chairman Flores pointed out to Mr. Knight if he would like to read into the record the last page of his presentation which discussed other political reasons. Michel Knight stated the CUP entertainment permit has been used as a political arm- twisting against Trevi ownership by several members of City Council, and a member of the Planning Commission (pointing to Chairman Flores) who have discussed and voted on the CUP concerning Trevi in violation of California Government Code Section 87100 and California Government Code Section 87105 when he should have recused himself from attending any meeting regarding the Trevi issue. Commissioner O'Neal asked Mr. Knight how many times did he have to report an incident to the Police Department such as the one mentioned earlier where someone may have been affected by alcohol or drugs, and the incident could be life threatening. Michel Knight replied by saying he does not have an exact number but it is very clear in Police Chief Cleary's report regarding the nature of the incident. From the 111 police reports filed between June and December 2009, eight (8) merited a report. Chairman Flores requested a recess at 7:08 p.m. Chairman Flores called the meeting back to order at 7:10 p.m. and requested if there were any additional comments from the Commission. Commissioner Mendoza asked if any of the other establishments that Mr. Knight had mentioned were up for a review by the Planning Commission. Director of Community Development Weiner replied by saying there are certain establishments in Lake Elsinore that are legal non-conforming, however there aren't any that are under any type of periodic review. He stated the establishments that have a CUP could come before the Commission should issues or code violations arise. Commissioner Zanelli asked if Police Chief Cleary would like to add any information. Police Chief Cleary stated the department has tried to separate the costs of service calls. He pointed out that most cities in the report are larger than the City of Lake Elsinore and in terms of a ratio there is a higher impact on the law enforcement Planning Commission Meeting January 19, 2010 because of the size of the Police Department. He stated the assessment of the problems has been identified. He does not have any problem with Mr. Knight hosting events, but does have a problem with him hosting events and not providing, as he promised to do, the level of security and notification to the Police Department. Chairman Flores asked if the Commission has any other comments. There being no further comments, Chairman Flores called for a motion. MOTION was made by Commissioner Zanelli and seconded by Commissioner Mendoza to revoke CUP No. 2008-09. AYES: CHAIRMAN FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: COMMISSIONER O'NEAL ABSTAINED: VICE-CHAIRMAN GONZALES ABSENT: NONE Deputy City Attorney Winterswyk explained to the applicant the procedures of filing an appeal and the filing period. Vice-Chair Gonzales returned to the dais at 7:17 p.m. BUSINESS ITEM(S) None STAFF COMMENTS Public Works Director/City Engineer Seumalo commented on the following: • He spoke of the Capital Improvement Project known as the Machado Park Restroom Renovation is underway and expects the project to be completed within a few weeks. • He spoke of Lakeshore Drive paving, which has been stalled due to weather conditions however half of the streets have been paved and staff is moving forward. • He addressed the recent storm activity and noted staff crews have been out cleaning, sandbagging and repairing since Sunday. He stated there has been significant tree related damage which has been cut down and moved to the side of the road. He provided his phone number to the Commission to be used in the event something needs attention. Planning Commission Meeting January 19, 2010 Director of Community Development Weiner commented on the following: • No comments. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: • He thanked Chief Cleary for his report. "He stated his report is what he based his issue regarding public safety." He stated he had the opportunity to review a prior CUP. He stated through the modifications and the continuance of non compliance, the police report brought forth the most important issue in the community and that is public safety. Vice-Chairman Gonzales commented on the following: • He spoke of the steps leading to the Cultural Center that needs to be repaired. Public Works Director/City Engineer Seumalo stated he would advise Parks and Recreation Director Pat Kilroy of the situation, however he stated he would put a temporary patch on the steps in the interim. Commissioner Mendoza commented on the following: • He thanked Building and Safety/Code Enforcement Manager Chipman and Police Chief Cleary for attending the meeting. • He spoke of the grading taking place at La Strada and clarified that the grading should cease on January 26, 2010. Public Works Director/City Engineer Seumalo stated staff is moving forward with the environmental investigation and it is being requested to have the City Council extend the grading until the investigation has been completed. Commissioner Mendoza asked if the developer/owner would be responsible for grading the dirt road when they have completed their project. Public Works Director/City Engineer Seumalo stated he will speak with the Engineering Inspectors to verify that the road is maintained and that it can service emergency vehicles. Commissioner O'Neal commented on the following: • He spoke of the issues with traffic at the Terra Cotta Middle School. Public Works Director/City Engineer Seumalo stated he has addressed the issues with the City's Traffic Engineer. The Traffic Engineer observed the issue and is trying to hold a meeting with the Principal of the middle school before staff takes any action. • He asked of the progress at Gunnerson and Riverside Drive. Public Works Director/City Engineer Seumalo replied by saying staff is aware of the issues and they continue to research funding. He stated Councilmember Magee spoke with State Assemblymen Jefferies office and they had CalTrans move on the Planning Commission Meeting January 19, 2010 relinquishment. The CalTrans District Director stated they have considered the section between 1-15 and Ortega. • He thanked Deputy City Attorney Winterswyk for all her work with the Trevi matter. Commissioner Zanelli commented on the following: • He thanked staff for their help with all the issues with Trevi. He stated he has spent 27 years working in the emergency services and this area that was discussed is a pet-peeve of his. He stated he may have seemed harsh in his motion to revoke however, the applicant has repeatedly demonstrated his word doesn't carry a lot of weight. Should the applicant appeal, the City Council will decide what to do and hopes they make the right decision. ADJOURNMENT It was the consensus of the Commission to adjourn to the February 2, 2010, Regular Planning Commission meeting at 6:00 p.m. located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Flores adjourned the meeting at 7:28 p.m. JIMMY FLORES CHAIRMAN Respectfully Submitted, ~01U,0_ DANA PORCHE OFFICE SPECIALIST III ATTEST: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT