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HomeMy WebLinkAboutPlanning Minutes 9-8-09_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, September 8, 2009, at 2:00 p.m. are as follows: PRESENT: Paul Foster, Chairman Gary Miller, Vice Chairman Jim Macdonald, Commissioner Ruth Cook, Commissioner Carol Dyer, Commissioner John James, Commissioner Eric Shamp, Commissioner ADVISORY STAFF Oscar Orci, Community Development Director PRESENT: Michael Reiter, Assistant City Attorney Robert Dalquest, Assistant Community Development Director Tabitha Kevari, Associate Planner 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, and opened up the Public Comment period. There were no comments forthcoming and the Public Comment period was closed. II. CONSENT ITEMS A. None III. OLD BUSINESS A. ESRI, APPLICANT (PROJECT PLANNER: CHRIS BOATMAN) Consideration of Commission Review and Approval No. 825 (Revision No. 4) to construct an 1,800 square foot parking lot containing twenty (20) parking spaces on 0.79 acre located near the ESRI campus on the northeast corner of State Street and Texas Street in the C-4, Highway Commercial District. Assistant Planner Chris Boatman stated the applicant had requested a continuance to allow time to address an issue relating to offsite improvements. Chairman Foster opened up the hearing. There were no comments forthcoming and the hearing was closed. MOTION It was moved by Commissioner Macdonald, seconded by Commissioner James, and carried on a 6-0 vote (Commissioner Cook absent) to continue Revision No. 4 of Commission Review and Approval No. 825 to September 22, 2009. Commissioner Cook arrived at 2:05. IV. NEW BUSINESS A. CONGREGATION EMANU EL, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a Notice of Exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Planning Commission Minutes of September 8,2009 Page 1 2. PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 958 to establish a religious place of worship on the first floor of an existing two-story office building located at 1473 Ford Street in Specific Plan No. 23. Associate Planner Sergio Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the project subject to the conditions of approval. Commissioner Miller recused himself due to a conflict of interest. Chairman Foster opened up the Public Hearing. Mr. Pat Meyer, representative, stated the applicant had sold their facility in San Bernardino and were looking for a temporary location while their permanent facility was being built. Commissioner Dyer inquired if the applicant planned to allow Bar Mitzvahs, and wedding receptions at the temporary site, and requested clarification on the hours of operation, noise, capacity of the building, and alcohol. Chairman Foster invited Rabbi Cohen forward to address the Commission. Community Development Director Oscar Orci stated there are hours of operation indicated on page three (3) of the staff report and recommended a review of the Operational Characteristics of the Proposed Use. Rabbi Cohen came forward to address the Commission and clarified the capacity of the building. Rabbi Cohen requested a modification on the Friday religious service hours from "6:00 p.m. to 7:30 p.m." to "6:00 p.m. to 9:00 p.m.". Rabbi Cohen stated noise would not be exorbitant and alcohol is very rare. Commissioner Macdonald stated the proposed project is more than five hundred (500) feet from a residential property in the center of a business park, and the activities will take place indoors. Commissioner Dyer stated the location is a remote interior facility, the Commission has seen many function related facilities have problems with their neighbors and community in the past and felt her concerns should be addressed. Commissioner James recommended a correction on the hours of operation for Sunday morning "between 9:00 a.m. and 11:30 p.m."to"between 9:00 a.m. and 11:30 a.m." Associate Planner Madera concurred with the modifications. Chairman Foster closed the Public Hearing. MOTION It was moved by Commissioner James, seconded by Commissioner Shamp, and carried on a 6-0 vote (Commissioner Miller recused) that the Planning Commission determines that Conditional Use Permit No. 958 is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines. MOTION It was moved by Commissioner James, seconded by Commissioner Shamp, and carried on a 6-0 vote (Commissioner Miller recused) that the Planning Commission approve Conditional Use Permit No. 958 based on the following findings, and subject to the attached Conditions of Approval: 1. The proposed synagogue applied for at this location will not adversely affect the applicable land use plans of the City because churches are a permitted use in the Administrative and Professional Office District of Specific Plan No. 23 , subject to approval of a Conditional Use Permit; Planning Commission Minutes of September 8,2009 Page 2 2. The proposed synagogue will not be detrimental to the public health, safety and welfare because it is a conditionally permitted use within the specific plan and will comply with the applicable development standards of the zone; 3. The proposed synagogue complies with the regulations of the City's General Plan, the applicable zoning district and the City's development standards as the project is adequate in size to accommodate the use and the applicable development standards have been adhered to with respect to setbacks, and parking requirements for the proposed use. In addition, churches are a permitted use with the approval of a conditional use permit and conditions of approval have been applied to the project to ensure that development standards are met; 4. The synagogue is appropriate at the proposed location in that the use is permitted with a conditional use permit within the Administrative and Professional Office District of Specific Plan No. 23 and conditions of approval have been applied to the project to ensure that development standards are met. B. JANET NAKADA, APPLICANT (PROJECT PLANNER: TABITHA KEVARI) 1. Consideration of a Notice of Exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines. 2. PUBLIC HEARING to consider Parking Modification No. 26 to allow four and one half foot (4-1/2') wide perimeter planters within the parking lot and a reduction of the minimum two-way drive aisle width from twenty (20) feet to ten (10) feet for adaptive reuse of Historic Resource No. 110 located at 314 West Colton Avenue in the C-4, Highway Commercial District. 3. PUBLIC HEARING to consider Conditional Use Permit No. 957 to convert an existing residence into commercial use for property located at 314 West Colton Avenue in the C-4, Highway Commercial District. Associate Planner Tabitha Kevari gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the project subject to the conditions of approval. Commissioner Dyer requested clarification when trash enclosures and fencing requirements are in force. Associate Planner Kevari stated when a property is adjacent to a residential district a requirement is to construct a six (6) foot block wall. The applicant has proposed a six foot block wall along the north property line but on the east and west side of the property site the adjacent properties are commercial. Commissioner Dyer requested clarification on the trash enclosure requirement. Director Orci stated the Quality of Life Department reviews the project and informs the Community Development Department of the thresholds and requirements for trash enclosures. Commissioner Shamp stated the applicant is paving the entire backyard with an impervious surface and inquired if the Municipal Utilities and Engineering Department had reviewed the storm water loads on Colton Avenue. Associate Planner Kevari stated a Water Quality Management Plan (W.Q.M.P.) was not a requirement, but there was a precise grading plan required. Director Orci stated the applicant will be required to include Best Management Practices (B.M.P.'s) Chairman Foster opened up the Public Hearing. Ms. Janet Nakada, applicant, stated she is available for any questions. Commissioner Macdonald inquired what the anticipated proposed use was. Ms. Nakada stated she is not sure at this time. Commissioner Macdonald inquired if there were limitations on the type of businesses. Assistant Community Development Director Robert Dalquest stated the site is in the C-4 Highway Commercial District which has a broad range of permitted uses. Planning Commission Minutes of September 8,2009 Page 3 Chairman Foster closed the Public Hearing. MOTION It was moved by Commissioner Dyer, seconded by Commissioner James, and carried on a 7-0 vote that the Planning Commission approve Parking Modification Permit No. 26 subject to the following findings: 1. The proposed parking modification and use of the historic structure at 314 Colton Avenue is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone. The project is in harmony with objectives of the General Plan because it includes the adaptive re-use of the building with no exterior changes to the front elevation which will retain the residential character of the existing structure and surrounding residential district. In addition, it is not detrimental to existing uses because the site is located in the C-4 zone which permits commercial uses. The project will convert an existing residential building to accommodate commercial building. 2. That approving the proposed parking modification and use will significantly improve the possibility that the structure will be preserved and maintained as a historic structure. The existing residential structure is a non-conforming use in a commercial district. As such the building cannot be altered or expanded for residential purposes. Approval of the Historic Parking Modification and Conditional Use Permit will enable the structure to be used for commercial purposes consistent with its C-4, Highway Commercial District zoning thus significantly improving the possibility of future preservation. 3. That the required parking cannot be provided without the approval of the requested modification because this property has inadequate space to provide all of the required parking requirements. Since the parcel is narrow at fifty-four (54') wide there is limited area for landscape planters and parking stalls. The parking spaces and drive-aisle width will occupy forty-four feet (44') resulting in approximately ten feet (10') for required perimeter planters along the west and east side of the parking lot. 4. That the on-site parking lot will function safely because the parking lot contains standard parking spaces of eighteen feet (18') by nine feet (9') and contains a two-way aisle width of ten feet (10') which has adequately accommodated professional and medical office uses with past adaptive reuse projects. 5. That approval of the parking modification will not harm the integrity of the historic structure or the surrounding neighborhood because the original building will be retained and the parking lot is located to the rear of the structure and only interior alteration will occur. MOTION It was moved by Commissioner Dyer, seconded by Commissioner James, and carried on a 7-0 vote that the Planning Commission approve Conditional Use Permit No. 957 subject to the following findings and subject to the attached Conditions of Approval: 1. The proposed office use at this location will not adversely affect the applicable land use plans of the City because it is a permitted use in the C-4, Highway Commercial District, subject to approval of a Conditional Use Permit; 2. The proposed commercial use will not be detrimental to the public health, safety and welfare because it is a conditionally permitted use within the zoning district and it will meet the applicable development standards of the zone; Planning Commission Minutes of September 8,2009 Page 4 3. The proposed commercial use will comply with the regulations of the City's General Plan, the applicable zoning district and the City's development standards because the proposed project is adequate in size to accommodate the use, setbacks, and parking requirements for the proposed use. In addition, it is a permitted use and conditions of approval have been applied to the project to ensure that development standards are met; 4. The proposed commercial use is appropriate at the proposed location in that the use is permitted in the C-4, Highway Commercial District and is located on an arterial street which is designed to accommodate the traffic to be generated by the conversion of the site to commercial use. C. WALTON DEVELOPMENT LLC, APPLICANT (PROJECT PLANNER: CHRIS BOATMAN) 1. Consideration of a recommendation to the City Council on an Addendum to a Final Environmental Impact Report. 2. PUBLIC HEARING to consider a recommendation to the City Council for a revision to CONDITIONAL USE PERMIT NO. 819 to re-designate 4.09 acres from habitat preservation area to a numbered lot for an approved Planned Residential Development (PRD) on 12.1 acres consisting of twenty-one (21) residential lots and five (5) common area lots located on the southeast corner of Pioneer Avenue and Judson Street in the R-E, Residential Estate District. 3. PUBLIC HEARING to consider a recommendation to the City Council for a revision to TENTATIVE TRACT NO. 16627 to re-designate 4.09 acres from habitat preservation area to a numbered lot for an approved subdivision of 12.1 acres into twenty-one (21) residential lots and five (5) common area lots located on the southeast corner of Pioneer Avenue and Judson Street in the R-E, Residential Estate District. 4. PUBLIC HEARING to consider a recommendation to the City Council for a revision to CONDITIONAL USE PERMIT NO. 809 to re-designate 6.07 acres from habitat preservation area to a numbered lot for an approved Planned Residential Development (PRD) on 30.4 acres consisting of sixty-two (62) residential lots and eight (8) common area lots located north of San Bernardino Avenue, south of Pioneer Avenue, and west of Judson Street in the R-E, Residential Estate District. 5. PUBLIC HEARING to consider a recommendation to the City Council for a revision to TENTATIVE TRACT NO. 16465 to re-designate 6.07 acres from habitat preservation area to a numbered lot for an approved subdivision of 30.4 acres into sixty-two (62) residential lots and eight (8) common area lots located north of San Bernardino Avenue, south of Pioneer Avenue, and west of Judson Street in the R-E, Residential Estate District. Assistant Planner Chris Boatman gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the project subject to the conditions of approval. Commissioner James inquired if the two parcels were numbered lots, can the lots be developed with the permitted uses. Assistant Planner Boatman confirmed and stated the lots could be developed within the provisions from the R-E District and would need to be compatible with the Airport Land Use District. Assistant Planner Boatman stated if there was development proposed the applicant would need Planning Commission approval prior to development. Planning Commission Minutes of September 8,2009 Page 5 Commissioner Shamp inquired if the applicant had received a permit from Fish and Wildlife to relocate the Kangaroo Rat and requested clarification on the accommodations of the new site conditions. Assistant Planner Boatman stated the Fish and Wildlife found the quality of the current location was low and confirmed there was a permit obtained to relocate the Kangaroo Rat to a more appropriate location offsite. Commissioner Shamp requested clarification on the proposed use of the lot. Assistant Planner Boatman stated the lot is allowed to have permitted uses in the R-E District which are primarily single family residential lots mixed with some Agricultural. Commissioner Macdonald inquired if the Kangaroo Rats on site will be relocated. Assistant Planner Boatman stated the permit allows for the grading to occur and the Kangaroo Rat will be crushed on site and will not be relocated. Commissioner Dyer stated the applicant is buying a higher quality habitat elsewhere, and getting rid of the Kangaroo Rats that are on the property site. Assistant Director Dalquest confirmed there is a provision in the Endangered Species Act which goes through Fish and Wildlife that permits the action. Chairman Foster opened up the Public Hearing. Mr. Everett Hughes, applicant, stated the Fish and Wildlife had determined nine (9) acres on the proposed site would be needed to mitigate the Kangaroo Rat habitat but then confirmed the habitat quality was not suitable for the Kangaroo Rats on site and requested the applicant consider off site mitigation. Mr. Hughes stated they are considering some locations off site. Mr. Hughes confirmed when the Hydrology Study had been completed it was determined the detention basins were not large enough and went through the process of numbering the lots for identification purposes. Mr. Hughes declared they plan to re zone to a light industrial manufacturing and had no intensions to build homes in the B2 area. Mr. Hughes stated he is available for any questions. Commissioner James stated the City Council reduced the density and expressed concern the lot is a numbered lot for developmental purposes and could not support the proposed project unless the applicant considered changing the zone to open space. Mr. Hughes stated they have no intentions of building homes in the area and would not be opposed to a condition of approval dedicating the area to open space. Commissioner James stated if there was a condition of approval added he would support the proposed project. Director Orci confirmed it is an option to consider limiting the types of permitted uses. The proposed project is here for Planning Commission approval of the subdivision and is open space until the applicant decides to develop the site, and at that time they will need to go through the appropriate entitlement process to develop the site. If converted from a lettered lot to a numbered lot, it would allow the applicant to develop the property consistent with the underlying zoning designation. Commissioner James stated by changing the lot designation from open space to a numbered lot it would allow for development, and recommended an open space designation. Commissioner Macdonald stated this is a step to enable the applicant to develop the property in accordance with the provisions of the General Plan, Airport Land Use Compatibility Plan and the Municipal Code. Commissioner Macdonald inquired why the applicant wanted to change the zone when they are not developing the property yet. Commissioner James requested clarification if the project was approved as a residential subdivision with habitat area. Director Orci confirmed. Commissioner James stated they are modifying the subdivision to add a lot. Director Orci confirmed and stated staff was not identifying the use, other than the underlying use. Mr. Hughes stated the Sub Division Map Act has a provision to allow leaving a portion of land out and "not a part" of the map. Mr. Hughes stated when they enlarged their basins the City recommended a modification to be reviewed by the Planning Commission and City Council. Planning Commission Minutes of September 8,2009 Page 6 Commissioner James expressed concern if the property was sold the new owner may assume they could build a home on the parcel. Commissioner Macdonald recommended staff find an alternate solution to allow the modification of the detention basins as necessary without changing the designation of the two (2) lots. Assistant Planner Boatman stated if the lots are designated as "open space" or "not a part" the tract would need a revision. The lot was designated as "not a part" and staff had directed the applicant to change to numbered lots in order to attach the subdivision. It would make it difficult for any future plans of residential development. Commissioner James stated numbered lots are typically building sites and lettered lots are typically open space. Assistant Director Dalquest clarified common lots are undivided interests of all the property owners. Commissioner Miller inquired if the applicant was open to an added condition to shift the detention basin that runs along Judson Street to the east three (3) feet, to allow for more landscaping and screening. Mr. Hughes agreed to the additional condition. Chairman Foster closed the Public Hearing. Commissioner Macdonald stated when the proposed project was originally brought to the Planning Commission there was a unanimous vote against the project because of the perceived interference with the future plan of the Redlands Airport and stated he found it difficult to support any change that would allow possible residential use in the B2 area. Commissioner Macdonald recommended staff find an alternative option to secure approval of the detention basins without opening up the item for future residential development. Commissioner James stated he will support the decision from City Council if language can be added to prohibit residential, in the B2 zone. Chairman Foster inquired if the Planning Commission wished to continue the item to allow time for staff to address their concerns. Commissioner Shamp agreed to a continuance in order to review the report from Fish and Wildlife. Commissioner Miller requested clarification on the reasons staff is uncomfortable with the condition to limit residential development. Director Orci stated there are general provisions under the underlying zone and by adding a condition it would take away one (1) of the options and narrow down the focus and in essence will dictate the type of project to build, and the Community Development Department may overlook crossing thresholds for example; California Environmental Quality Act (C.E.Q.A.). Commissioner Miller stated the habitat was questionable and was leaving the City with an undeveloped segment of land that would not be maintained along Pioneer. Buying offsite habitat that was more suitable increases the survivability of the species. Commissioner Dyer stated she respects the desire to not allow residential use in the B2 zone. The minimum lot size is three acres which would allow one (1) house on each of the two (2) parcels and would not be optimum. To add a condition to prohibit residential (which is one of the permitted uses) is precarious. Commissioner Dyer expressed concern that lettering of the lots may possibly allow the applicant the use of residential, and inquired what options the applicant would have for the property. Commissioner Dyer stated the detention basin abuts to the sidewalk on Pioneer Avenue and concurred with Commissioner Miller's recommendation on increased landscaping. Commissioner Dyer confirmed she is in favor of continuing the item to give staff time to resolve the issues with the applicant. Commissioner Cook stated she preferred to leave the lots as open space and recommended a continuance. Planning Commission Minutes of September 8,2009 Page 7 Assistant Boatman stated another alternative is to designate the lot as a common lot, and then any future action to develop the land would require a revision to the tract. Chairman Foster recommended a motion to continue the item to October 13, 2009. MOTION It was moved by Commissioner Macdonald, seconded by Commissioner James, and carried on a 7-0 vote that the Planning Commission continue Conditional Use Permit No. 819, Tentative Tract No. 16627, Conditional Use Permit No. 809, and Tentative Tract No. 16465 in consideration of the addendum of the Final Environmental Impact Report to October 13, 2009. V. ADDENDA None VI. MINUTES B. August 25, 2009 It was moved by Commissioner James, seconded by Commissioner Macdonald and carried on a 7-0 vote to approve the minutes of August 25, 2009. VII. LAND USE AND CITY COUNCIL ACTIONS OF SEPTEMBER 1, 2009 Chairman Foster inquired if there were any City Council actions for September 1, 2009. ❖ Director Orci stated City Council indicated that staff should prepare the findings for denial; however the applicant requested a continuance to reach an amicable decision on the development of the property. The project is continued to a date uncertain and staff will bring back a report when they reach the C.E.Q.A. deadlines. ❖ Director Orci stated City Council reviewed the ESRI General Plan Amendment, Zone Change, and Variance for the parking configuration and was in support of the application. ❖ Director Orci stated the City Council reviewed the appeals of Pharaoh's Lost Kingdom and at the request of the appellants continued the item to the City Council meeting on October 6, 2009. Chairman Foster stated the newspaper was not clear and requested clarification on the court decision and if Pharaoh's is permitted to hold any events at the site. Assistant City Attorney Michael Reiter stated the preliminary injunction was granted and does not believe the reporting was accurate but could not confirm. Chairman Foster requested Director Orci find clarification on the matter. Chairman Foster inquired on the status of the Wal-Mart Environmental Impact Report (E.I.R.). Assistant Director Dalquest stated the consultant is preparing the screen check draft which is expected by the end of September for staff to review internally. Staff will review in November. The report will go through another reiteration for staff to review and make comments, and then it will be ready for the forty-five (45) day Public Review period. The E.I.R. will come to the Planning Commission next year. Commissioner Dyer inquired if the initiative against Wal-Mart is moving forward and when it will be voted on. Assistant Attorney Reiter could not confirm. Planning Commission Minutes of September 8,2009 Page 8 Chairman Foster inquired when the Architectural Guidelines will be completed. Principal Planner Manuel Baeza stated they are completed and have been revised per the City Council comment's, staff will need to review the comments, and will go to Planning Commission for approval. Once approved by Planning Commission the guidelines will return to City Council for adoption. Chairman Foster inquired if the process can be completed by next month. Principal Planner Baeza concurred. VIII. ADJOURN TO SEPTEMBER 22, 2009 Chairman Foster adjourned the meeting at 3:16 to the September 22, 2009 meeting. Linda McCasland Oscar Orci Administrative Secretary Director Community Development Department Planning Commission Minutes of September 8,2009 Page 9