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HomeMy WebLinkAboutPlanning Commission Minutes 9-14-10_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, September 14, 2010, at 2:00 p.m. are as follows: PRESENT: Paul Foster, Chairman Gary Miller, Vice Chairman Carol Dyer, Commissioner Conrad Guzkowski, Commissioner Jan Hudson, Commissioner John James, Commissioner Eric Shamp, Commissioner ADVISORY STAFF Dan McHugh, City Attorney PRESENT: Oscar Orci, Development Services Director Robert Dalquest, Assistant Development Services Director Manuel Baeza, Principal Planner Sergio Madera, Associate Planner Tabitha Kevari, Associate 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. All members were present. II. CONSENT ITEM - None III. OLD BUSINESS - None IV. NEW BUSINESS A. T-MOBILE WEST CORPORATION, APPLICANT (PROJECT PLANNER: TABITHA KEVARI) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider Conditional Use Permit No. 967 to install a sixty-five (65) foot high wireless telecommunications tower disguised as a netting pole within the driving range of the Redlands Country Club at 1749 Garden Street in the R-A (Residential Estate) District. Associate Planner Tabitha Kevari stated that the Council had approved Ordinance No. 2738, which took effect on September 7, 2010, which established a temporary moratorium for wireless facilities. Thus approval of Conditional Use Permit No. 967 is not allowed. The ordinance prohibits the approval of zone changes, variances, conditional use permits, encroachment permits, special use permits, building permits, electrical, mechanical or plumbing permits and occupancy permits for any installation, augmentation or relocation of any Wireless Facilities. For the reasons listed, staff is recommending that this item be tabled. Commissioner Dyer requested clarification why the moratorium included all types of the wireless antennas, and what situation mitigated the moratorium on the ordinance. Planning Commission Minutes of September 14,2010 Page 1 Director Oscar Orci stated a comprehensive evaluation of the ordinance needs to be completed. The moratorium may be scaled down. Director Orci stated that a request was submitted to extend the height of the existing utility poles in a residential neighborhood to accommodate the wireless facility. There were no code provisions to address the proposed antenna. The moratorium will allow staff more time to study this situation and refine the existing regulations for the existing code provisions. MOTION It was moved by Commissioner Shamp, seconded by Commissioner James, and carried on a 7-0 vote that the Planning Commission table the hearing on the mitigated negative declaration and the Public Hearing on Conditional Use Permit No. 967. B. CITY OF REDLANDS, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a recommendation to the City Council on a Notice of Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 2. PUBLIC HEARING to consider a recommendation to the City Council on Ordinance Text Amendment No. 328 to modify Section 18.60.100 of the Redlands Municipal Code by modifying the density allowed in the R-3 (Multiple-Family Residential) District from one thousand five hundred (1,500) square feet of lot area per dwelling unit to one thousand four hundred fifty (1,450) square feet of lot area per dwelling unit. Associate Planner Sergio Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the proposed amendment. Commissioner Dyer inquired if the reason for the amendment was to be more consistent with the General Plan. Associate Planner Madera concurred. Chairman Foster opened up the Public Hearing. There were no comments forthcoming and the Public Hearing was closed. MOTION It was moved by Commissioner James, seconded by Commissioner Guzkowski, and carried on a 7-0 vote that the Planning Commission recommend to the City Council that Ordinance Text Amendment No. 328 is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. MOTION It was moved by Commissioner James, seconded by Commissioner Guzkowski, and carried on a 7-0 vote that the Planning Commission adopt Planning Commission Resolution No. 1211 recommending that the City Council approve Ordinance Text Amendment No. 328 to Section 18.60.100 of the Redlands Municipal Code. Planning Commission Minutes of September 14,2010 Page 2 C. 7-ELEVEN INC, APPLICANT (PROJECT PLANNER: MANUEL BAEZA) 1. Consideration of a Notice of Exemption pursuant to Section 15162 of the California Environmental Quality Act Guidelines. 2. Consideration of Revision No. 1 to Commission Review and Approval No. 869 to develop a retail strip center for a convenience store and two adjoining tenant suites with a total area of approximately 4,866 square feet located on the southeast corner of Lugonia Avenue and Orange Street in the C-4 (Highway Commercial) District. Principal Planner Manual Baeza gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the project subject to the conditions of approval. Commissioner Guzkowski inquired who would be the responsible party to install the required median. Principal Planner Baeza stated the applicant will be responsible to install the median, during the construction of the project. Chairman Foster invited the applicant to come forward to address the commission. Mr. Patrick Feedler, representative, gave a brief overview of their proposal. Mr. Feedler stated they went with a stone veneer and requested approval. Commissioner Hudson stated the outdoor storage was eliminated and inquired if there was another area designated for the equipment. Mr. Feedler confirmed the outdoor storage was eliminated and said the equipment shelter will be roof mounted, and a parapet will screen it from view. Vice Chairman Miller requested more detail on the northeast and northwest corner tower elements. Vice Chairman Miller recommended decreasing the tower element by two feet, to improve aesthetics. Vice Chairman Miller stated precast concrete is more subtle and is consistent with mission architecture verses the cultured stone. Commissioner Guzkowski inquired if there was any way to limit the less desirable uses in the tenant spaces. Mr. Feedler stated the applicant intends to have tenants that cater to the homes in the neighborhood. Mr. Alan Stuart, representative, stated 7-11 is restricting the less desirable uses like tattoo, adult stores, liquor stores, and personal services (other than medical) in their fifteen year lease. Commissioner Guzkowski inquired if there was a way to ensure the limits with the City. City Attorney Dan McHugh, stated the applicant could offer a deed restriction which the City could enforce. Mr. Alan Stuart stated he is not the owner of the property and is not prepared to offer a deed restriction. Mr. Stuart said the staff report mentioned he is the franchisee and requested a correction. Commissioner Guzkowski inquired if the City had considered revising the zoning designation to a more appropriate zoning. Assistant Director Robert Dalquest stated the department was directed to review Personal Services. Personal Services was allowed in C-3 and C-4. Planning Commission Minutes of September 14,2010 Page 3 Director Oscar Orci stated they are looking into obtaining a grant to do a comprehensive update to the General Plan; land uses would be analyzed at the time. Commissioner Guzkowski expressed concern that the proposed project could have tenants with an inappropriate use in the future. Chairman Foster recommended a stronger action to prevent the type of businesses that are not conducive in the community. Chairman Foster requested the commission and staff find alternatives, without delay. Commissioner Guzkowski inquired if the commission could request City Council to direct staff to review Personal Services and its umbrella to a more suitable location. City Attorney McHugh stated the message could be passed on to the City Council as a separate issue. MOTION It was moved by Commissioner Dyer, seconded by Commissioner James, and carried on a 7-0 vote that Revision No. 1 to Commission Review and Approval No. 869 does not require further environmental processing, pursuant to Section 15162 of the California Environmental Quality Act Guidelines, based on the following findings, and subject to the attached conditions of approval: 1. The proposed project would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects; the previous initial study was completed for a commercial center of a larger size therefore impacts generated by the project should not create an increase the severity of previously identified environmental effects. 2. No substantial changes have occurred with respect to the circumstances under which the project will be undertaken; no changes have taken place on or near the project site that would change the circumstances under which the project will be undertaken and, 3. There is no new information of substantial importance with respect to this project's environmental consequences that was not known at the time the previous Mitigated Negative Declaration was adopted; there is no new information about the new commercial center's environmental consequences that was not known at the time the previous Mitigated Negative Declaration was adopted. MOTION It was moved by Commissioner Dyer, seconded by Commissioner James, and carried on a 6-1 vote (Commissioner Guzkowski opposed) the Planning Commission approve Revision No. 1 to Commission Review and Approval No. 869 based on the following findings and subject to the attached conditions of approval. 1. The site for the proposed use is adequate in size and shape to accommodate the use. The revision to the project continues to meets all development standards established for the C-4 (Highway Commercial) District with regard to lot overage, floor area ratio, setbacks, parking and parking lot landscaping. Planning Commission Minutes of September 14,2010 Page 4 2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated by the proposed use. The project is located adjacent to two arterial streets (Orange Street and Lugonia Avenue) and will be fully improved and designed in accordance with City and Caltrans requirements to accommodate traffic generated by the proposed commercial center. 3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. Conditions of Approval for the project will require full off-site improvements, including a bus turnout that will improve vehicle circulation and safety in this area. In addition, conditions have been added that improve the aesthetics of the site and will result in a positive impact on the surrounding neighborhood. There was discussion regarding appropriate uses under the umbrella of Personal Services. Commissioner Shamp recommended exercising caution on deciding what the residents can and can not purchase. Commissioner Shamp stated the City needs to take into account what people want, what the market demands, and the rule of free market. Commissioner Dyer stated the community does have the right to say they have had enough of certain uses in an area. Vice Chairman Miller stated the commission needed to decide what is the appropriate land uses. Commissioner James stated legally the commission can determine what would be an appropriate land use. MOTION It was moved by Commissioner Guzkowski seconded by Commissioner Dyer, and carried on a 7-0 vote the Planning Commission recommend the City Council to direct staff to review the land uses in the C-3 and C-4 District and their appropriate location. Commissioner Dyer stated the discussion is appropriate for a General Plan review. The update of the General Plan is overdue and under the economic circumstance this is the best venue to discuss the concerns of the commission. Chairman Foster said the 7-11 located on Redlands Boulevard cut down two mature trees on their property. Chairman Foster inquired if the owner was within his rights to do so. Chairman Foster asked if the commission could have conditioned the trees. Director Orci confirmed staff could have added a condition of approval on the trees, and the applicant would have had to agree with the conditions of approval. Vice Chairman Miller stated if the development was approved under the current ordinance there is a requirement of a certain number of trees needed in the parking lot, and if they were cut down they would be in violation of the development code. Commissioner Dyer stated the development was prior to the adoption of the ordinance. Chairman Foster requested the item added to the next agenda, as a discussion item. Director Orci concurred. Planning Commission Minutes of September 14,2010 Page 5 V. ADDENDA A. Presentation by Dave Stuart of the US Green Building Council, Inland Empire Chapter, on the LEED rating system and the California Green Building Code. Assistant Director Dalquest stated that Mr. Dave Stuart and Mr. Doug Grove of the U.S. Green Building Council will be giving a presentation on the LEED rating system and the California Green Building Code. Mr. Doug Grove gave a PowerPoint presentation and overview of the LEED rating system and the California Green Building Code. Commissioner Guzkowski inquired if LEED reviews the carbon footprint of the materials going into construction. Mr. Grove stated LEED gives points when using regional materials which are within five hundred miles of the project site, as well as points for recycled materials, and renewable products. Commissioner Shamp stated there are differences on LEED and CALGREEN. LEED being voluntary, and CALGREEN being imposed, at the State level. Commissioner Shamp inquired how CALGREEN will affect LEED. Commissioner Shamp inquired what was the US Green Building Council's position on the national, state or local levels. Mr. Grove stated CALGREEN and LEED have come together as a union. Mr. Stuart stated LEED is voluntary and goes beyond CALGREEN. LEED is market driven. VI. MINUTES A. Minutes of August 10, 2010 It was moved by Commissioner James, seconded by Vice Chairman Miller and carried on a 6-0 vote (Commissioner Guzkowski abstained) that the Planning Commission approve the minutes of August 10, 2010, with one addition. VII. LAND USE AND CITY COUNCIL ACTIONS OF SEPTEMBER 7, 2010. Chairman Foster inquired if there were City Council actions to report for September 7, 2010. Director Orci stated there was one (1) reportable action. The City Council approved Resolution No. 6987 that established the advisory parking lot tree palette for the non- residential developments in the City. VIII. ADJOURN TO OCTOBER 12, 2010 Chairman Foster adjourned the meeting at 3:05 p.m. to the October 12, 2010 meeting. Linda McCasland Oscar Orci Senior Administrative Technician Development Services Director Planning Commission Minutes of September 14,2010 Page 6