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HomeMy WebLinkAboutPlanning Minutes 5-26-09_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, May 26, 2009, at 2:00 p.m. are as follows: PRESENT: Paul Foster, Chairman Gary Miller, Vice Chairman Jim Macdonald, Commissioner Ruth Cook, Commissioner John James, Commissioner Carol Dyer, Commissioner ADVISORY STAFF Oscar Orci, Director PRESENT: Robert Dalquest, Assistant Director Michael Reiter, Assistant City Attorney Sergio Madera, Associate Planner Chris Boatman, Assistant Planner I. CALL TO ORDER AND PUBLIC COMMENT PERIOD - 3 MINUTES Chairman Foster called the meeting to order. All Commissioners were present with the exception of Commissioner Shamp. II. CONSENT ITEMS A. WEST COAST PETROLEUM SERVICES LLC, APPLICANT (PROJECT PLANNER: ROBERT D. DALQUEST, AICP) Review of application for the person to person transfer of an Off-Sale Beer and Wine license for the Thrifty Service Station located at 902 Orange Street. B. GARFIELD BEACH CVS LLC, APPLICANT (PROJECT PLANNER: ROBERT D. DALQUEST, AICP) Review of application for the person to person transfer of an Off-Sale General Alcohol Beverage license for Longs Drug Store located at 800 Tri City Center. MOTION It was moved by Commissioner Macdonald, seconded by Commissioner James, and carried on a 6-0 vote to approve the Consent Calendar. Chairman Foster stated they are going to alter the order of the agenda and will be taking item IV A as the first matter of new business under consideration. IV A. CITY OF REDLANDS, APPLICANT (PROJECT PLANNER: OSCAR ORCI) 1. Consideration of a Notice of Exemption under Section 15321 of the California Environmental Quality Act Guidelines. 2. PUBLIC HEARING for the Planning Commission to consider revocation of Conditional Use Permit No. 617, as amended, concerning Pharaoh's Lost Kingdom Amusement Park. The Amusement Park is located on approximately 16.88 acres, on the southwest corner of California Street and Lugonia Avenue in the CG (General Commercial) District of Concept Plan No. 3 of the East Valley Corridor Specific Plan. Assistant City Attorney Michael Reiter gave a presentation and overview of the Conditional Use Permit revocation process. Planning Commission Minutes of May 26,2009 Page 1 Assistant Director Robert Dalquest gave a factual background of Conditional Use Permit No. (C.U.P.) 617 and the six (6) revisions. Assistant Director Dalquest stated the original C.U.P. was approved on November 29, 1994 and the applicant has a long term lease. The lease has a term of Fifteen (15) years and includes six (6) consecutive terms of five (5) years each. The approval included a family oriented amusement park. The venue's included water rides, amusement rides, motor tracks, miniature golf courses, indoor arcade, and a family entertainment outdoor amphitheatre. Parking was a concern in the approval process. There was a maximum attendance of 2,753 guests allowed in the summer months. Based on the maximum attendance the requirement on parking was four hundred ninety-three (493) parking stalls, one (1) space per four (4) guests per car, eight (8) spaces for buses with fifty (50) guests per bus, and thirty-five (35)spaces were provided for employee parking. Revision No. 1 was approved in August of 1995. Revision No. 1 was to consider refinements to the approved site design, final landscape plan, additional support structures for storage and maintenance, relocation of some parking stalls to accommodate a larger race track area as well as reduction of the main structure floor area. Revision No. 2 was approved in April 1996. Revision No. 2 was to consider further refinements to the C.U.P. relative to the approved site design for public lockers, storage areas for the inner tubes, an endless wave component to the endless river venue, volleyball area, and support building for the train ride. It included relocation of the security fencing on Lugonia Avenue, and a skycoaster ride, and an above ground storage tank for gasoline. Revision No. 3 was withdrawn. The applicant wanted a large freeway oriented sign along the freeway frontage. Staff had prepared an initial study which recommended an Environmental Impact Report, so the applicant withdrew the revision. Revision No. 4 was approved April 1997. Revision No. 4 was to consider expanding areas in the park where alcoholic beverages could be sold. Two additional issues were brought forward to limit the building height of park rides and overflow parking when the temporary special events occurred. An additional condition of approval was added to address the building height of the rides; no additional conditions were added regarding the parking. A Revocation of C.U.P. No. 617 was conducted on September 22, 1998. There were a number of issues in the park that the City of Redlands requested the park to resolve as follows; 1) Conducting temporary outdoor events such as music festivals and charity duck races that far exceeded attendance. 2) Illegal use of vacant property located on the south east corner of California Street an Orange Tree Lane to accommodate the overflow parking. 3) Connecting on two (2) occasions to the City of Redlands domestic water system to meet their nonpotable water demand for landscape irrigation, plumbing fixtures, and recreational water demand. 4) Reoccurring offences on signage. 5) Violation of the Uniform Fire Code. 6) Placement of a 6'foot fence without a building permit. The Planning Commission continued the item to October 13, 1998. On October 13, 1998 the Planning Commission decided not to revoke or modify the C.U.P., the City Council appealed the decision on December 1, 1998. The item was continued to April 20, 1999 to monitor water usage and concluded on April 20, 1999 with two (2) additional conditions of approval under the Community Development Department. The added conditions of approval were as follows: 1) No temporary special events will be held without an approval of a revision to the C.U.P. to conduct a special event (special events are deemed to be conducted outside the normal venue Planning Commission Minutes of May 26,2009 Page 2 and operations of the park) and to ensure the appropriate parking is authorized for the normal operations as well as the temporary special events. 2) Under no circumstances shall the park utilize off street parking for the use of the park except in accordance of the municipal code. 3) The conditions provided from the Municipal Utilities Department required the park to connect to the City of Redlands domestic water system as a backup to their non potable system and pay development fees in the amount of$824,443.00. Revision No. 5 was approved in January 2000. Revision No. 5 was to consider appealing the condition of approval regarding the water issues. Pharaoh's proposed to revert back to the original conditions where they utilized their onsite nonpotable source to meet their demands and to remain connected to the City of Redlands water system as a backup and not pay the development impact fees. Revision No. 6 was approved in January 2002. Revision No. 6 was to define the temporary events to be conducted at Pharaoh's and to allow to sale of alcoholic beverages in approved areas for private special events like fund raisers, political events and civic events. Planning Commission approved the revision to allow special events like car shows, new and used auto sales, holiday events and charitable events. The events were limited to the non peak months of October through April with a maximum of three (3) consecutive days, and no more than one (1) event per month. The events were limited to one hundred and fifty(150) spaces of the park. The events were subject to the requirements of the East Valley Corridor Specific Plan. The sales of alcoholic beverages were allowed for special events where tickets would be sold to the public and events were not taking place in the parking lot. Director Orci will now present the staff report for today's proceedings. Director Orci stated there were several deficiencies and issues regarding the approved conditions of approval for the C.U.P. and it's revisions. Director Orci stated the C.U.P. was approved as a family theme park which has been abandoned. Director Orci gave a PowerPoint presentation and overview of the use of the abandoned family theme park and the all night dance events and their impacts. Director Orci stated in place of the family theme park is all night dance events, and their impacts. In their parking lot, Pharaoh's had removed part of their landscaping to maintain the line area and located portable restrooms. Pharaoh's had erected vendor booths who did not obtain business licenses. There were two (2) outdoor stages erected without approvals. The all night dance events have caused significant impacts regarding attendance, parking circulation, life safety issues to properly evacuate in case of an emergency, and noise. Director Orci stated there will be testimony from several officials regarding the violations. Director Orci called Commander Fitzmaurice to give his testimony. Commander Fitzmaurice stated in 1994 Pharaoh's had applied for an Alcohol Beverage Control License (A.B.C.). The Police department had an agreement with Pharaoh's regarding the A.B.C. license. Commander Fitzmaurice stated depending on the number of guests in attendance at Pharaoh's a certain number of police officers would be contracted through the City of Redlands to provide police services. Commander Fitzmaurice stated their services were not required until 2006 started having regular music and dance events at the facility. Mr. Aryana the current operator of Pharaoh's, contracted two (2) to five (5) police officers to provide security for the events in the restaurant. In January 2009 the all night dance events started and Mr. Aryana contracted for officers. On January 17, 2009 through to the morning of January 18, 2009 there were approximately two-thousand five hundred (2,500) guests in attendance, and contracted for five (5) officers. On February 14, 2009 to February 15, 2009 there were approximately five thousand (5,000) guests, and they contracted for thirteen (13) officers, and one (1) civilian. On February 28, 2009 to February 29, 2009 there were five thousand (5,000) guests, and they contracted for eighteen (18) officers, and two (2) civilians. On March 14, 2009 to March 15, 2009 there were sixty-four hundred (6,400) guests, and contracted for twenty-two (22) officers, and three (3) civilians. On April 18, 2009 to April 19, 2009 there were approximately eleven-thousand (11,000) guests, not including the guests that were turned away. On the April 18, 2009 to April 19, 2009 event they contracted for forty-two (42) officers, five (5) uniformed officers from the probation department, six (6) San Bernardino County Sheriffs and six (6) civilians. Commander Planning Commission Minutes of May 26,2009 Page 3 Fitzmaurice stated the largest impact was on parking and the commercial businesses in the area. There is no way Pharaoh's can support the necessary parking needed. Guests were parking along Lugonia Avenue, California Street, Almond Avenue, Orange Tree Lane all the way to Alabama Street and then in the parking lots of Kaiser, Food for Less, and commercial lots without permission. Some of the surrounding lots had to hire security guards to deter the guests from parking at their facility. The Police Department had towed thirteen (13) vehicles on the March 14th and 15th event, and twenty-five (25) vehicles on the April 18th and 19th event that were hazardous. The parking situation caused the guests to walk quite a distance on the dark streets and was a hazard. There were two lines in the parking lot to get into the event. The main line to enter into the event was between two fences in the parking lot where cars were moving about, and was approximately five (5) people deep. If there was a problem in the line there would be no safe way to address any problem in a hurry. Commander Fitzmaurice stated there were many temporary measures to make the event happen and meet the code. There was a door to get in and out of the building to the other stages that would take 5 minutes just to get through the door because of the amount of guests at the event. There was a lack of consistency on the way guests were checked into the event. The Police Department requested an age limit to eighteen (18) and older, and to search the attendees. There were some guests that were admitted and when officers had requested a re-inspection the guests did not have any identification. It was taking approximately four(4) hours to get into the event. Director Orci called Planner Christopher Boatman to give his testimony and presentation. Planner Boatman stated he was onsite for the event taking place on April 18th and 19th. Planner Boatman gave a brief overview and PowerPoint on the off street parking. Planner Boatman observed off street parking on both sides of the street between Alabama Street and Mountain View Avenue and between Nevada and Redlands Boulevard. Planner Boatman stated guests were parking in the Food 4 Less, Walmart, JC Penney and many private businesses. Director Orci called Chief Jeff Frazier from Redlands Fire Department to give his testimony on the life safety issues. Chief Frazier stated in the weeks prior to the April 18, 2009 event the Redlands Fire Department made every effort to ensure the venue was as safe as possible. Chief Frazier stated the Fire Department had given Pharaoh's a list of fire code violations. The park had complied and corrected the code violations. Assistant Fire Marshal Marshburn maintained contact with Pharaoh's while temporary facilities were erected for the event. While the stages were constructed multiple additional code violations were observed, and in some cases corrected. There were Fire and Life Safety code violations observed as follows; Exiting the number of guests and size of this type need to have formal plans submitted from a architect. Several non approved electrical systems were installed and utilized throughout the event, some installed minutes before the gates were opened. Debris was stored in stairways and exit corridors. Chief Frazier stated there were three (3) Fire and Life Safety code violations as indicated. 1) Fuel loading in the building. 2)Additional sources of ignition within the structure. 3) Less than optimal exiting design should a fire occur. Chief Frazier stated the code violations may lead to a critical negative outcome. Chief Frazier confirmed the Redlands Fire Department lacks the staff and resources to consistently ensure public safety for such large temporary events without facility design and long term compliance efforts, and can foresee ongoing Fire and Life Safety code enforcement issues in the venue. Director Orci called Director van Dorst from the Quality of Life Department to give his presentation on noise. Director van Dorst stated the Quality of Life Department employed the services of The Chambers Group to conduct noise monitoring on April 18, 2009 through to April 19, 2009 on all sides of the property. The noise measurements were taken between the hours of 10:45pm-2:45am the results were as follows: On the north side of the property the noise exceeded the standard plus five (5) for a cumulative period of more than fifteen (15) minutes in any hour. On the east side of the property the noise exceeded the standard plus five (5) for a cumulative period of more then fifteen (15) minutes in any hour. On the south side of the property the noise exceeded the standard for a cumulative period of more than thirty (30) minutes in any hour and a noise Planning Commission Minutes of May 26,2009 Page 4 standard plus five (5) for a cumulative period of more than fifteen (15) minutes in any hour. On the west side of the property the noise exceeded the standard plus five (5)for a cumulative period of more than fifteen minutes in any hour, and the noise standard plus ten (10) for a cumulative period of more than five (5) minutes in any hour. Director van Dorst stated the noise monitoring confirmed non compliance with the City of Redlands noise ordinance. Director Orci stated the all night dance events are not listed in the conditions of approval and are not permitted under the C.U.P. The modifications made in the park were not approved. The attendance was beyond the capacity of the park. There are circulation and parking impacts on- site and off-site. As a result of the attendance and the activity there are serious life safety issues. Director Orci declared documented violations of the noise ordinance. Director Orci recommended the item continued to the June 23, 2009 Planning Commission meeting and direct staff to prepare the resolution with the appropriate finding to revoke Conditional Use Permit No. 617. Chairman Foster called the owner or representative to address the Planning Commission. Mr. Frank Mistretta Jr., representative of California Gateway, stated the owners of the park want the illegal uses and violations immediately stopped. Chairman Foster called the lessee or representative to address the Planning Commission. Mr. Keith Kelly, attorney for Aladdin Entertainment Group, stated they are in agreement with unauthorized activities at the park. There are lawsuits in process and their intent is to pursue the rights and litigation and reopen the park as a family theme park. Chairman Foster called the current operator of the park or his representative to address the Planning Commission. Mr. Roger Diamond, attorney for the operator, stated the Commission is not set up to resolve the differences between the parties. Mr. Diamond recommended the City and Pharaoh's work together to resolve the issues, so the business can continue to grow. Mr. Diamond stated his client has complied and addressed the issues from Redlands Fire Department and Redlands Police Department. Mr. Diamond stated his client is having concerts and is allowed to by the First Amendment of the Constitution. Mr. Diamond confirmed his client will make all necessary changes regarding the electrical systems, entrance lines, parking, and security. Mr. Diamond stated the original C.U.P. approved an amphitheatre and runs with the land. Mr. Chevon Aryanna, lessee of the land, stated in 2007 the promoter of the events had a discussion with the City Manager of Redlands, and inquired if they could hold the events at the park. The City Manager confirmed they could hold the events and stated there were no issues. Mr. Aryanna stated he had an email regarding the discussion. Mr. Aryanna stated he complied with all requirements of the Redlands Fire Department and Redlands Police Department. Mr. Aryanna stated he is available for any questions. Commissioner Miller requested a copy of the email. Commissioner Cook inquired why the landscaping had not been maintained. Mr. Aryanna stated more than half of the water lines in the park had broke and they have not been able to figure out what was and was not working. Mr. Aryanna stated they may need to re cut and lay new pipe to maintain the grounds. Commissioner Cook inquired about the piles of debris, boats and cars that were abandoned. Mr. Aryanna declared their objective was to unwind the business and develop the land. Chairman Foster called Mr. David Kertz to speak. Mr. Kertz, neighboring business owner, stated he would like to share some of their experiences with the events. Their tenants include accounting, legal, financial, insurance, real estate firms, bank, stock brokerage firm, and a media company. The events have caused undue hardship in regards to two (2) standing guards to keep the property free from trash, abandoned vehicles, vandalism, and liability. Mr. Kertz stated each event cost Carat LLC $750.00 to provide the Planning Commission Minutes of May 26,2009 Page 5 security guards and to install and uninstall the barricades. Carat LLC had installed security camera system which cost several thousand dollars, because of past vandalism. Mr. Diamond stated his client will take care of any costs incurred. Mr. Kertz stated he had submitted two (2) invoices one (1) for 250.00 several years ago and was paid after many follow ups, the second invoice for $920.00 was submitted approximately a year ago and have not heard a word regarding payment. Mr. Chet Davidson, resident, stated the Planning Commission has the right to set conditions for a permitted use to ensure the surrounding properties, and public safety is not affected. Mr. Jeff Sceranka, President Elect Redlands Chambers of Commerce, stated the Chamber of Commerce after careful deliberation wrote a letter to the City of Redlands urging the revocation of Pharaoh's C.U.P. Mr. Sceranka recommended the City to consider if the land was vacant would the City approve a concert hall and where they would propose parking. Mr. Sceranka strongly opposed the C.U.P. Mr. George Webber, resident, stated he was on the Planning Commission through the revisions from 1995 through to 2002. Mr. Webber stated the Commission had issues on parking, security in the parking lot, landscaping, and water issues. Mr. Webber declared there was Condition of Approval No. 22 that stated there was no parking spillover allowed from the project. Condition of Approval No. 22 remained with the project through all of the revisions of the C.U.P. Mr. Webber stated in the revocation hearing of 1999 it had an attachment B which stated no temporary special events unless a revised C.U.P. was approved. Condition No. 2 stated no offsite parking allowed. Mr. Webber stated the current special events are not in compliance with the C.U.P. or its revisions, and suggested to revoke the current C.U.P. If the applicant wants to move forward with the events then he should go through the approval process and determine what changes would need to be met with mitigation though the California Environmental Quality Act (C.E.Q.A.) process. Chairman Foster called Mr. Bill Cunningham to speak. Mr. Cunningham stated Mr. Diamond is invoking the first amendment with regards to music rather than dances. Mr. Cunningham said there is one (1) facility on the site that is designed for music and if the attendance was specifically for the amphitheatre Pharaoh's would be compliant. The thriving business may continue to grow and we can anticipate the traffic, parking, impacts of surrounding businesses will continue to grow as well. Mr. Cunningham stated by allowing the event to impact both safety on our streets, and the surrounding businesses the additional liability to the City of Redlands should be considered. Chairman Foster called Mr. Diamond to speak. Mr. Diamond stated he had the email to share with the Planning Commission. Mr. Diamond declared Mr. Aryanna can not pay the monthly expenses on the property unless he has at least two-thousand five-hundred (2,500) guests in attendance. Chairman Foster stated the email was not sent from the City Manager but was sent from the City Manager's spouse to a tenant not directly to Mr. Aryanna. Mr. Aryanna stated Mode of Media is a tenant of the City Manager and his wife. Mr. Aryanna confirmed the City Manager did not want to be contacted directly and Mode of Media went through his wife regarding the events. Mr. Diamond stated there have not been any injuries. Mr. Diamond recommended creative parking, and suggested a tram service or shuttle bus. Mr. Diamond stated the City can tax ticket sales to generate more revenues. Mr. Diamond recommended Mr. Kertz re-submit the invoice for payment. Mr. Diamond respectfully protests the fact there is no court reporter, no witness was under oath, no cross examination and urged the Planning Commission start over with a properly constituted hearing. Mr. Diamond inquired if Commissioner Miller owned property next to Pharaoh's. Assistant City Attorney Michael Reiter requested Mr. Diamond to direct any questions to Chairman Foster. Mr. Diamond inquired if Commissioner Miller owned property next to Pharaoh's. Commissioner Miller stated he does own property that is well beyond the 500' foot radius, and is located on the intersection of Plum Lane and Idaho Street one block east of Nevada Street. Mr. Diamond inquired if Planning Commission Minutes of May 26,2009 Page 6 Commission Miller ever made any negative comments against Pharaoh's and if he wanted Pharaoh's shut down and the C.U.P. revoked. Commissioner Miller stated he had never made a negative comment about the theme park. Commissioner Miller encountered what was described today and told Mr. Aryanna that he had made a mess of the neighborhood. Mr. Diamond recommended Mr. Miller recuse himself, based on that comment. Mr. Diamond requested if there were any other comments from Commissioners on the Planning Commission that would indicate bias towards his client, and if so to request recusal. Chairman Foster inquired if there was anyone else that would like to address the Commission. Commissioner Miller stated if the City Attorney would like Commissioner Miller to recuse himself, he would do so. Chairman Foster stated he will recess the Commission for ten (10) minutes and discuss the matter with the City Attorney. Chairman reconvened at 4:10pm. Commission Miller stated when he expressed his opinion on how the property was left on that early morning it will not affect his ability to be unbiased in the case and will remain on the Commission. Chairman Foster stated the remainder of the Commission including himself is comfortable, as is the City Attorney, that there is no violation or conflict of interest on the part of any of the members of the Commission and can all make an unbiased decision. Chairman Foster turned the meeting back to the Commission for discussion. Commission Dyer inquired what the impacts were and if the event was draining resources that were needed in the City. When the events recently started the police department had observed criminal behavior and had to add officers to address the criminal behavior. On the last event they had made fifty-one (51) arrests. Commander Fitzmaurice stated they had forty-two (42) officers and over one-hundred (100) private security guards that were working inside the venue. Commander Fitzmaurice stated forty-two (42) officers is a burden on the Police Department. Commander Fitzmaurice stated there are a total of eight-three (83) police officers on the force. Commission Dyer stated the number of arrests compared to the number of people did not seem to be a high percentage. Chairman Foster re-opened the Public Hearing. Chairman Foster inquired if there were more officers would there be more arrests. Commander Fitzmaurice confirmed there would be more arrests. Chairman Foster stated the paper reported sexual activity occurring at the event. Commander Fitzmaurice stated he had witnessed kissing, hugging but they did not see any sexual activity. Commissioner Dyer requested clarification if the music amphitheatre was approved as a permitted use, and if approved, what the allowed maximum attendance was, the hours of operation limitation, noise impacts, and parking analysis. Assistant Director Dalquest stated the original C.U.P. did not mention the types of venue at the amphitheatre. Assistant Director Dalquest confirmed the staff report mentions the outdoor stage area intended for a variety of family entertainment. Assistant Director Dalquest stated the staff report does not go into the details of the amphitheatre attendance, noise was a less than a significant impact regarding family entertainment venues and did not anticipate these types of events occurring at the park. Commissioner Miller inquired when Conditional Use Permits are considered, is the frequency of arrests a factor the Commission can to consider. Assistant City Attorney Reiter stated that facts as presented should be the focus as they relate to what the applicant has brought forward. Chairman Foster closed the Public Hearing. Planning Commission Minutes of May 26,2009 Page 7 Commissioner Macdonald stated the park has thirty-two (32) violations and is in favor to revoke Conditional Use Permit No. 617. Commissioner James concurred with Commissioner Macdonald's comments. Commissioner James stated Pharaoh's is in clear violation with parking, attendance, and maintenance and is in favor of the revocation of Conditional Use Permit No. 617. Commissioner Cook stated the operator of the site is not taking responsibility of the necessary parking requirements for the event, and to let the surrounding area absorb the overflow is not acceptable. Commissioner Cook declared Pharaoh's was not maintaining the site or meeting the conditions of approval of the C.U.P. Commissioner Cook recommended revocation of Conditional Use Permit No. 617. Commissioner Dyer stated she is not opposed to music events or entertainment of this type. Commissioner Dyer stated if Pharaoh's had applied for a revised C.U.P. for dance parties and the facilities were adequate and impacts on noise, police and safety were mitigated she would have considered approval but under the circumstances, Commissioner Dyer stated she supports revoking Conditional Use Permit No. 617. Commissioner Miller stated the approved site plan indicated family oriented amusement attractions go cart tracks, miniature golf course, water theme park, and the amphitheatre as an ancillary use. Commissioner Miller declared the current events are different from what was originally approved and staff has demonstrated a disregard for the conditions of approval. Commissioner Miller stated the current event is a different use than what was originally approved and a new set of issues would need to be reviewed. Commission Miller recommended relocating the event to a venue that can accommodate the nature of the business. Chairman Foster inquired if there were any other written correspondence. Ms. Linda McCasland stated there were none. Chairman Foster stated Commissioner Shamp was not in attendance for the Planning Commission and had written his thoughts as follows; I support Aladdin Entertainment's efforts to provide entertainment for an underserved community, bring shoppers and tax revenue to the City, and to find creative uses for an obsolete facility. However, the alleged violations of the CUP and code are troubling, and, if true, indicate a disregard for the City's best interests. I regret that I cannot be present to hear Aladdin's response to the City's allegations. I am also troubled by the apparent decrepit condition of the facility, especially considering that it is barely a decade old. This demonstrates a poor use of land resources and embodied energy, and seems at its surface to demonstrate poor business planning. Finally, the amount of staff time and legal effort imposed on the City by this matter during a period of budget shortfalls is unfortunate, and reflects poorly upon Aladdin's willingness to maintain good relations with the community, and work within well- established guidelines for development and land use. I support staff's recommendation to continue the matter until the June 23 meeting. Chairman Foster concurred with the previous comments of the Commissioners. Chairman Foster stated sitting on the Planning Commission is three (3) past presidents of the Chambers of Commerce and they have always been an advocate to business in the community and would never try to close down a business that brought a positive resource. Chairman Foster stated Pharaoh's has become shameful and the list of violations is incredible and appalling and is in support in the revocation of Conditional Use Permit No. 617. MOTION It was moved by Commissioner Cook, seconded by Commissioner Macdonald, and carried on a 6-0 vote that the Planning Commission recommend staff prepare a resolution with appropriate findings based upon the Planning Commission's determinations, and revoking the C.U.P., and determining that such revocation is exempt from further review under the California Environmental Quality Act, pursuant to Regulation 15321 (a) (enforcement actions by regulatory agencies). Planning Commission Minutes of May 26,2009 Page 8 III. OLD BUSINESS A. REDLANDS SEVENTH-DAY ADVENTIST CHURCH, APPLICANT (PROJECT PLANNER: CHRIS BOATMAN) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 946 for the phased renovations to the Redlands Seventh-Day Adventist facilities consisting of demolition and reconstruction of the fellowship hall with a net increase of 11,127 square feet of building area, and exterior and interior renovations of the sanctuary to accommodate additional seating on a 1.8 acre site located at 520 Brookside Avenue within the A-P, Administrative and Professional Office District and the R-2, Multiple-Family Residential District. The proposal includes the temporary relocation of church activities to the Redlands Seventh Day Adventist Academy located at 130 Tennessee Street in the E, Educational District. Project Planner Boatman gave a PowerPoint presentation and overview of the proposed Conditional Use Permit. Staff recommended approval of Conditional Use Permit No. 946 subject to the findings and attached Conditions of Approval listed in the staff report. Commission Macdonald inquired if the Daily Facts parking lot on Center Street and Brookside Avenue was ever approached by the applicant. Planner Boatman stated the proposed substitute parking location at the Quiet Hour has an affiliation with the applicant. Commissioner Cook requested clarification on where the access was located from the parking location. Planner Boatman stated there is no direct line of sight access. There was some discussion on pedestrian access to the church. Commissioner Dyer inquired if the substitute parking had a locked gate. Planner Boatman stated through the parking plan, staff would require the applicant to coordinate with the City of Redlands to ensure the gate would be open for the church's use. Commissioner Dyer requested clarification regarding the removal of the parking stalls. Planner Boatman stated they have seventy-seven (77)spaces existing, sixteen (16)will be removed and will add twenty(20) off-site. Chairman Foster opened up the Public Hearing. Ms. April Hoffman, representative for Adrian Gaus Architects, stated they are more than willing to work with staff to help the parking issues. Ms. Hoffman stated she is available for any questions. Commissioner Dyer requested clarification on the stepped walls. Commissioner Dyer stated staff had requested some modifications to the wall. Ms. Hoffman stated they are offering to add additional landscaping as well as security cameras. Chairman Foster called Mr. Larry Wallendar to speak. Mr. Wallendar, resident, expressed concern regarding the expansion of the church and the impacts. The alley, which is the main entrance to the facility, is the only way to access his garage. The expansion is a sixty-eight (68) percent increase on the property, and will cover sixty- one (61) percent. Mr. Wallendar stated the congregation was not parking at the substitute parking. Mr. Wallendar expressed concern regarding the courtyard design and declared the location was right under their bedroom window which is on the second floor, and stated the wall will not negate the noise. Mr. Wallendar stated his father and mother live in the house next door and they are ninety-four and ninety-five years old. Mr. Wallendar declared the church had outgrown their facility and recommended the church find a new location. Mr. Wallendar stated the off-street parking is a hazard to go out into the oncoming traffic. Chairman Foster stated if the Planning Commission denies the proposed project he will be in the same situation regarding noise, parking, events and activities and inquired if he would be content with the situation. Chairman Foster stated the parking issues can be referred to the Community Development Planning Commission Minutes of May 26,2009 Page 9 Director, Police Department and the Quality of Life to be monitored and addressed. Chairman Foster inquired if Adrian Gaus Architects have addressed Mr. Wallendar's concerns with the church. Ms. Hoffman stated the church had met with the neighbors regarding the parking issues and the courtyard was in the plans. Ms. Hoffman declared the wall and landscaping would help mitigate the noise concerns. Commissioner Cook inquired if the church considered another location for the courtyard. Chairman Foster suggested coming to an agreeable compromise regarding the courtyard. Commissioner Macdonald stated he would like to hear what the church could do to control the noise, and parking. Director Orci said if the Planning Commission so desires they can direct the applicant to work with staff and come up with a solution. Commissioner Dyer stated she is not sure if a basement courtyard with walls can look aesthetically pleasing. Commissioner Dyer stated she understands Mr. Wallendars' concerns. Commissioner Dyer commends the church for their efforts to stay at the current location, and the design is using the existing facade, and parking. Commissioner Dyer stated the Commission has not heard complaints from the neighbors. Commissioner Dyer recommended some redesign. Commissioner James concurred there may be some details that can be addressed with the church. Chairman Foster stated they would like to refer this back to staff to work with the applicant to seek some compromise on the parking and courtyard. Commissioner Cook recommended including a visual tool as well. Director Orci clarified the Commission's direction and stated the Commission's desire is to relocate or remove the courtyard area to reduce the activity as well as the parking, or creat a higher wall to address the sound. Chairman Foster confirmed they are looking for a compromise between staff, the church and Mr.Wallendar to address the basement courtyard and parking. MOTION It was moved by Commissioner Macdonald, seconded by Commissioner James, and carried on a 6-0 vote, to continue the Public Hearing on Conditional Use Permit No. 946 to a date to be determined. IV. NEW BUSINESS B. WAYNE L. JOHNSON, APPLICANT (PROJECT PLANNER: CHRIS BOATMAN) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider a Socio-Economic Cost/Benefit Study. 3. PUBLIC HEARING for MINOR SUBDIVISION NO. 328 (Parcel Map No. 19102) for the subdivision of 2.08 acres into two lots located on Dwight Street, approximately 500 feet west of Mariposa Drive in the R-A, Residential Estate District. Project Planner Boatman stated the applicant is requesting additional time to review staff's comments relating to grading and drainage issues. Staff recommends this item be continued to June 9, 2009 to allow for these changes to be integrated into the project design. MOTION It was moved by Commissioner Dyer, seconded by Commissioner James, and carried on a 6-0 vote that the Planning Commission Planning Commission continue the hearing on the Mitigated Planning Commission Minutes of May 26,2009 Page 10 Negative Declaration and the Public Hearings on the Socio-Economic Cost/Benefit Study and Minor Subdivision No. 328 to June 9, 2009. C. VERIZON WIRELESS, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 947 for the co-location of three (3) antenna arrays on an existing 80-foot tall cellular tower and the installation of a ground mounted equipment shelter for a wireless telecommunication facility on a 1.5 acre parcel containing a single family residence located at 854 Wabash Avenue in the R-E, Residential Estate District. Project Planner Sergio Madera gave a PowerPoint presentation and overview of the proposed Conditional Use Permit. Staff recommended approval of the Mitigated Negative Declaration for Conditional Use Permit No. 947. Commissioner Macdonald and Commissioner Dyer was in agreement with the proposed project. Chairman Foster opened up the Public Hearing. Mr. Todd Fisher, representative, stated he was available for any questions. Commission Miller recommended another type of tree with more of an umbrella for screening. Mr. Fisher stated they had originally recommended Oleanders but the property owner wanted another type of tree. Commissioner Dyer stated Oleanders Italian Cypress is not good fit for the area. Commissioner Dyer recommended another type of shrub like an Oleander that will reach up tothe twenty (20) feet and screen the equipment shelter. Chairman Foster closed the Public Hearing. MOTION It was moved by Commissioner James, seconded by Commissioner Macdonald, and carried on a 6-0 vote that the Planning Commission approve the Mitigated Negative Declaration for Conditional Use Permit No. 947 and direct staff to file and post a "Notice of Determination" in accordance with City guidelines. MOTION It was moved by Commissioner James, seconded by Commissioner Macdonald, and carried on a 6-0 vote that the Planning Commission approve Conditional Use Permit No. 947 based on the following findings, and subject to the attached Conditions of Approval: 1. The proposed development will not adversely affect the applicable land use plans of the City as Wireless Service Facilities are permitted in any zone within the City, subject to approval of a Conditional Use Permit and the proposed facility complies with all of the development requirements outlined in Sections 18.88 and 18.178 of the Municipal Code; and 2. The proposed development will not be detrimental to the public health, safety, and welfare as the project includes Mitigation Measures and conditions of approval that minimize the project's visual and aesthetic impact on surrounding land uses and has been designed to integrated with the existing development at the subject site; and Planning Commission Minutes of May 26,2009 Page 11 3. The proposed development complies with the regulations of the City's General Plan, the applicable development standards of the R-E, Residential Estate District and those of Chapter 18.178, Wireless Service Facilities; and 4. The proposed development is appropriate at the proposed location because the project has been designed to be compatible with its surroundings and will utilize an existing tower thereby minimizing the proliferation of towers in the community. This includes the addition of two (2) conditions of approval number twenty-two (22) and twenty- three (23) as follows: 22. The applicant shall be required to submit a construction site security plan for review and approval by the Police Department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. prior to the issuance of a building permit for the project. 23. The applicant shall submit a revised landscaping plan with an alternative shrub selection to the satisfaction of the Community Development Director prior to the issuance of a building permit for the project. V. ADDENDA- None VI. MINUTES - None VII. LAND USE AND CITY COUNCIL ACTIONS OF MAY 19, 2009. Director Oscar Orci reported that there were no land use actions at the City Council meeting on May 19, 2009. VIII. ADJOURN TO JUNE 6, 2009 Chairman Foster adjourned the meeting at 5:50 p.m. to June 6, 2009. Linda McCasland Robert Dalquest, Assistant Director Administrative Secretary Community Development Department Planning Commission Minutes of May 26,2009 Page 12