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HomeMy WebLinkAboutPlanning Commission Minutes 11-9-10_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, November 9, 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 Sergio Madera, Associate Planner Tabitha Kevari, Associate Planner Chris Boatman, 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 A. HOSANNA INTERNATIONAL MINISTRIES, APPLICANT (PROJECT PLANNER: CHRIS BOATMAN) 1. Consideration of a Notice of Exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines. 2. PUBLIC HEARING to consider Conditional Use Permit No. 972 to establish a religious place of worship within an existing multi- tenant retail center located at 34 W. Colton Avenue in the C-4 (Highway Commercial) District. Associate Planner Chris Boatman gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the proposed Conditional Use Permit No. 972 subject to conditions of approval. Chairman Foster opened up the Public Hearing. Reverend Mel Garber, applicant, stated he was available for any questions. Reverend Garber stated the church is going to have three separate sanctuaries which should be taken into account when factoring in the parking requirements. Chairman Foster closed the Public Hearing. Planning Commission Minutes of November 9,2010 Page 1 Commissioner Dyer inquired if the sanctuaries were part of the calculation on the parking requirements. Associate Planner Boatman stated the parking analysis is a blended parking standard and does take the office area, ancillary classrooms, and the assembly area into account. Commissioner Guzkowski inquired if the applicant would have less or more parking based on the applicants analysis. Associate Planner Boatman stated it may increase his occupancy which would then double his parking requirements. He only has sixty-one parking stalls available at capacity. MOTION It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski and carried on a 7-0 vote that the Planning Commission determine that Conditional Use Permit No. 972 is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15301." MOTION It was moved by Commissioner Dyer, seconded by Commissioner Guzkowski and carried on a 7-0 vote that the Planning Commission approve Conditional Use Permit No. 972 based on the following findings, and subject to the attached Conditions of Approval: 1. That the proposed development will not adversely affect the applicable land use plans of the city; The applicable land use plans that govern the site are the Commercial land use designation of the General Plan and the C-4 (Highway Commercial) District of the Redlands Municipal Code. Both land use plans are intended to provide areas for a mixture of commercial uses which serve the community and regional markets. Uses suitable in these land use designations range from retail sales and services to office uses. The proposed religious use is conditionally permitted within these land use plans. 2. The proposed development will not be detrimental to the public health, safety and welfare; Conditions of approval have been applied to the project that regulates the proposed use's operational characteristics which include hours of operation, maximum attendance, noise and parking. 3. That the proposed development will comply to the maximum feasible with the regulations of the city's general plan, the applicable zoning district and the city's development standards; The tenant space to be occupied by the proposed use is adequate in size to accommodate the use to a certain extent. A maximum occupancy has been included in the project's conditions of approval based on the tenant space size and the available on- site parking. The project will comply with all applicable development standards of the C-4 District. The church is a conditionally permitted use at the proposed location and conditions of approval have been applied to the project to ensure that the project complies with the general plan and zoning of the project site; Planning Commission Minutes of November 9,2010 Page 2 4. That the proposed development is appropriate at the proposed location; The church is located within an area surrounded by a mix of retail, commercial and residential uses. The church is considered a religious place of worship which is appropriate at the proposed location because it will serve the surrounding community and has been conditioned herein to ensure that all applicable development standards are met. This includes the modification of condition of approval numbers three (3) and ten (10) as follows: 3. This approval is for the establishment of a religious place of worship within a 1,771 square foot tenant suite in a commercial center on 0.53 acre located at 34 West Colton Avenue in the C-4 (Highway Commercial) District. The approval includes the following operations: a. Church Office (Administration) b. Worship Services C. Bible Studies, Ancillary Small Group Gatherings d. Church Special Events (Weddings, Funerals, Play's, Etc.) 10. Church activities shall be restricted to the following hours of operation: a. Church Office (Administration): 9:00am to 5:00 pm daily b. Worship Services: Sundays from 8:00am to 2:00pm and 7:00pm to 9:00pm, excluding activities related to service preparation which may begin at 6am (maximum of four services). C. Bible Studies, Ancillary Small Group Gatherings: 7:00pm to 9:00pm daily d. Church Special Events (Weddings, Funerals, Play's, Etc.): Friday and Saturday Night from 7:00pm to 10:00pm; or alternate days/hours upon approval by the Community Development Director. Such requests shall be submitted in writing with additional information provided upon request. The maximum Occupancy for Special Events shall be as established under this permit. B. QUIEL BROS ELECTRIC SIGN SERVICE COMPANY, INC, APPLICANT (PROJECT PLANNER: TABITHA KEVARI) 1. Consideration of a Notice of Exemption pursuant to Section 15311 of the California Environmental Quality Act Guidelines. 2. Consideration of Revision No. 1 to Commission Sign Review No. 329 to modify an approved sign program for an office and retail complex to allow signage on the west elevation of Building No. 4 located east of Ford Street and south of the 1-10 Freeway within Specific Plan No. 23. Associate Planner Kevari gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of proposed Revision No. 1 to Commission Sign Review No. 329 subject to conditions of approval. Chairman Foster opened up the hearing. There were no comments forthcoming and the hearing was closed. MOTION Planning Commission Minutes of November 9,2010 Page 3 It was moved by Commissioner James, seconded by Commissioner Miller and carried on a 7-0 vote that the Planning Commission approve Revision No. 1 to Commission Sign Review No. 329 subject to the attached Conditions of Approval. 1. Any changes to this Sign Program would require an amendment to the Sign Program subject to Planning Commission approval. 2. All signs shall conform to the provisions of the Redlands Municipal Code and Specific Plan No. 23. 3. The Ford Plaza sign program shall comply with all conditions of approval for Commission Sign Review No. 329 and is amended to include the following conditions: A. Office Building No. 4 shall be allowed the placement of signage on the west elevation which faces the parking lot area and shall be prohibited to place signage on the south elevation which faces Patricia Drive. B. The west elevation of Office Building No. 4 shall only be allowed the placement of non-illuminated signs. C. Tenants which occupy 50% or more of the net leasable area of any one floor of Office Building No. 4 shall be allowed a third sign; provided the tenant does not exceed the total cumulative sign area allowed as determined within the approved sign program. D. Office Building No. 3 shall be allowed the placement of signage on the west elevation which faces the parking lot area. Signage on the west elevation may be internally illuminated. In addition, tenants which occupy 50% or more of the net leasable area of any one floor of Office Building No. 3 shall be allowed a third sign; provided the tenant does not exceed the total cumulative sign area allowed as determined within the approved sign program. 4. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form and in an amount satisfactory to the City, to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City Planning Commission Minutes of November 9,2010 Page 4 shall have no liability to the applicant for the exercise of City's right to revoke this permit. 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 Kevari gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the proposed Conditional Use Permit No. 967 subject to conditions of approval. Chairman Foster opened up the Public Hearing. Ms. Monica Moretta, representative, stated they concur with the conditions of approval and will comply with the Federal Communications Commissions (FCC) requirements. Vice Chairman Miller expressed concern on the potential health risks. Ms. Moretta stated the telecommunication carriers must comply with the FCC Section No. 704; the Federal Government has taken responsibility to make sure the carriers comply with the guidelines. Commissioner Guzkowski inquired if there was another pole that would provide less visual impacts than the proposed pole. Ms. Moretta stated the proposed netting pole is the shortest pole and they are going to increase the height to conceal the antennas inside. Commissioner Guzkowski inquired if the fiberglass portion of the pole could support the netting. Ms. Moretta confirmed the fiberglass portion could not have any obstructions that may interfere with the signal. Commissioner Guzkowski inquired if there was an alternative material that can be used for the storage shed. Associate Planner Kevari stated when staff reviewed the project the maintenance building was the closest building to the storage shed which has corrugated metal. Associate Planner Kevari stated we can recommend another material. Ms. Moretta stated T-Mobile would be willing to use an alternate material such as the block that was used for the club house. T-Mobile is proposing to install landscaping to soften the view of the shed. Commissioner James inquired if the landscaping will block the view of the shed. Ms. Moretta stated landscaping will be around the enclosure and they could add vines as well. Chairman Foster stated staff could add the vines as a condition of approval. Commissioner James requested clarification if the tower was for voice and data. Commissioner Foster inquired if other carriers could use the proposed facility. Ms. Moretta stated T-Mobile is required to make sure the structure is sound to allow future collocation, and would depend on the carrier and their requirements. It may increase the width and height of the pole. Planning Commission Minutes of November 9,2010 Page 5 Commissioner Shamp requested clarification on the prorogation maps. Commissioner Shamp inquired why T-Mobile would not choose a more populated area for coverage. Ms. Moretta stated T-Mobile determines the location of a tower from what they lack in their network. T-Mobile has many different restrictions they must abide by. Commissioner Hudson requested clarification on the width of pole and if the material will fade. Ms. Moretta stated T-Mobile will make sure the pole matches the other poles in color. Commissioner Hudson inquired what the minimum distance is for public health. Ms. Moretta stated there are no guidelines from the FCC, the tower are sixty (60) to seventy (70)feet high. Chairman Foster called Mr. Leon Armantrout up to address the commission. Mr. Armantrout, architect, stated Ms. Mary Jane Auerbacher lives in an architecturally significant home designed by Richard Neutra. There are several Clare Day homes in the area, as well. Mr. Armantrout recommended staff investigate what the electromagnet health effects are in the long term. Chairman Foster called Ms. Sherli Leonard up to address the commission. Ms. Leonard, resident, stated that Ms. Auerbacher's home is a historically significant Richard Neutra home, which should be treasured. The tower could degrade the homes historic integrity and its view. Ms. Leonard stated the home is not designated with the national register or a state landmark nor is it designated with the City of Redlands. If the home is eligible to be listed in the National Register of Historic Places, the project may need mitigation per Section No. 106 in the National Historic Preservation Act. Commissioner Shamp stated the home was nominated and designated as a Historic Resource. Associate Planner Kevari confirmed the home is designated as Historic Resource No. 104. Ms. Leonard asked why it was not mentioned in the Initial Study. Assistant Director Robert Dalquest stated CEQA has criteria of when it is a significant effect on a Historic Resource. The cell tower is 465 feet away from the residence, and will not meet the threshold set by CEQA guidelines. Ms. Auerbacher, resident, stated their home has been published in books around the country. On the north side of the house the walls are made of glass as well as some on the south side, to be able to enjoy the views. The City Council declared the home a heritage house. The State Department sent photographers to photograph their home for the Libraries of the United States Information Service. Ms. Auerbacher stated it would be a disservice to the world of architecture and art to disturb their view with a pole. Mr. Michael Lawrence, resident, stated they are impacted by the view of the poles and the net everyday. Mr. Lawrence requested staff review the aesthetic impact of the views and recommended more detail to the mitigated negative declaration before its adoption. Mr. Lawrence expressed concern on the size of the tower when co-located. Planning Commission Minutes of November 9,2010 Page 6 Mr. Don Grinda, resident, stated the cell tower does not fall under the exemption, and there should have been a study completed under the Problematic Agreement on Historic Preservation. Assistant Director Dalquest deferred the question to the applicant. Ms. Moretta confirmed the study had not been completed, and stated once approved by the Planning Commission; it would then go through the NEPA process, and then the project would move forward to the federal review, and the study would be conducted at that time. Ms. Ruth Jamron, resident, expressed her opposition on the netting and poles. Ms. Jamron stated the Country Club manager promised to landscape with trees to block the view of the shed, poles, and netting with landscaping. Ms. Jamron shared some recent photographs, there is still no landscaping. Ms. Jamron stated the netting, poles, shed and now cell tower are ruining the view of their dream home. Mr. Erik Kaiser, Country Club General Manager, stated the Country Club will never allow any external facilities to the tower or expansion to the pole. The location selected was the least obtrusive. The material on the proposed pole is the same color as the other poles and will not exceed the height of the other poles. The maintenance shack, existing poles and netting were permitted. Commissioner Dyer asked why the netting was installed. Mr. Kaiser stated it was for the safety of the golfers. Vice Chairman Miller stated the shed is not screened very well. Vice Chairman Miller recommended additional conditions to provide screening between the fairway and driveway that serves the shed. Mr. Kaiser stated the Board had approved additional shrubs in that area. If the residents are not happy with what the Country Club is required to do, within their budget, the residents could go to the Board and request more landscaping. Chairman Foster inquired if the Country Club expects the residents to pay for the additional landscaping. Mr. Kaiser confirmed. Vice Chairman Miller recommended additional landscaping to improve the view. Commissioner Guzkowski inquired if the country club is fully developed. Mr. Kaiser confirmed. Chairman Foster inquired if the commission could add additional landscaping conditions to block the view of the maintenance shed. Director Oscar Orci stated it was not possible to add conditions to the maintenance shed; it is under a separate conditional use permit. Mr. Scott Redding, Country Club Vice President, stated they will add additional landscaping to conceal both the maintenance and the equipment sheds. Commissioner Guzkowski inquired if the initial study was sound and competent under historic resources. Director Orci stated staff would like to explore the regulatory requirements and recommended a continuance to allow staff time to meet with the applicant to verify the Section No. 106 requirements. MOTION It was moved by Commissioner James, seconded by Commissioner Hudson and carried on a 7-0 vote that the Planning Commission move to continue the Mitigated Negative Declaration and Conditional Use Permit No. 967 to the December 14, 2010 Planning Commission meeting. Planning Commission Minutes of November 9,2010 Page 7 B. CITY OF REDLANDS, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider Conditional Use Permit No. 970 to develop an 80 foot tall wireless communications tower structure with antennae that reach a maximum height of 100 feet, a six (6) foot high fence enclosure and associated landscaping for screening purposes at the northwest corner of Ford Park, north of Redlands Boulevard and south of Highland Avenue in the O (Open Land) District. Associate Planner Sergio Madera stated the Municipal Utilities and Engineering Department (MUED) requested the item be removed from the agenda, and staff will re- notice the item when MUED is ready to move forward. Chairman Foster opened up the Public Hearing. Ms. Susanna Cheservek, resident, stated their home is ninety (90) feet above Redlands Boulevard and will look straight into the tower which is at a height of one hundred (100) feet. Ms. Cheservek expressed concern on the health risks from the tower's electromagnetic output. One of the City's prettiest parks will have a section of approximately thirty feet by thirty feet of chain link fencing around the tower. Ms. Cheservek requested the City not spoil their view, or the appearance of the park. It will affect the value of the homes in the area, and if they add lights on the tower it would make it even worse. Ms. Cheservek recommended an environmental impact study completed. Chairman Foster closed the Public Hearing. C. ARA TCHAGHLASSIAN, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider a Socio-Economic Cost/Benefit Study. 3. PUBLIC HEARING to consider Conditional Use Permit No. 971 to establish a tire shop at 1139 Redlands Boulevard as well as establish certain site improvements including a 3,230 square foot building addition on a 0.84 acre site located in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan. Associate Planner Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the proposed Conditional Use Permit No. 971 subject to conditions of approval. Planning Commission Minutes of November 9,2010 Page 8 Commissioner Dyer inquired if the applicant proposed to remove the existing metal gates. Associate Planner deferred the question to the applicant. Commissioner Dyer inquired if the eight (8) foot wall was going to be removed on the westerly side of the property. Commissioner Dyer recommended additional landscaping in front of the showroom or office area and requested upgrading the one (1) gallon shrub species with five (5) gallon species, as well as add a curvilinear sidewalk. Associate Planner Madera stated staff could request additional landscaping if it does not reduce the minimum requirements on the drive isle width. Vice Chairman Miller stated in order for the applicant to fulfill the condition to apply plaster to the wall, the applicant may need access from the neighbor. City Attorney Dan McHugh stated he would like to hear from the applicant if this matter could be completed without intruding on the neighbor's property. Chairman Foster opened up the Public Hearing. Mr. Bud Thatcher, representative, stated they concur with the conditions of approval. Mr. Thatcher stated they propose to remove the bollards, and will give up the right of way to add the curvilinear sidewalk. Mr. Thatcher deferred the question on the wall to his designer. Vice Chairman Miller inquired how the roof drain on the south west corner will get to the street. Mr. Pedros Darkshire stated there is a horizontal pipe at a one to two percent slope to the front on the property. Vice Chairman Miller requested clarification on the style of bay doors proposed on the north elevation. Mr. Darkshire confirmed they are roll-up doors. Vice Chairman Miller recommended upward acting sectional doors with an embossed pattern or decorative glass panels. Mr. Darkshire confirmed they could add the doors, as recommended. Commissioner Dyer inquired if the applicant anticipates any problem getting access to plaster the wall. Mr. Darkshire stated normally they do not have a problem working with the neighbors, and believes they could work with them. Commissioner Dyer recommended a planter in front of the showroom and behind compact space five to provide a four foot planter strip. Mr. Thatcher stated the planter would intrude into the drive isle requirements. Associate Planner Madera stated if the site conditions allow; a planter strip will be added to the north east corner of the building. Commissioner Dyer inquired if a full width sidewalk is a requirement of the building code. Mr. Thatcher stated if it is not a requirement of the building code, they would be willing to install a planter strip. Mr. Andrew Hoger, resident, recommended the sidewalk area be landscaped and irrigated, when the trees mature they interfere with the view of the site. Mr. Hoger stated in the past sprinkler heads would burst and then they would have a geyser flowing. Mr. Hoger requested the applicant have a maintenance person that can address problems with the sprinklers as well as adjust the timers appropriately. The commission may reconsider the installation of larger box trees, for maintenance reasons. Chairman Foster closed the Public Hearing. MOTION It was moved by Vice Chairman Miller, seconded by Commissioner James and carried on a 7-0 vote that the Planning Commission approve the Mitigated Negative Declaration and Conditional Use Permit No. 971 and direct staff to file and post a "Notice of Determination" in accordance with City guidelines. Planning Commission Minutes of November 9,2010 Page 9 MOTION It was moved by Vice Chairman Miller, seconded by Commissioner James and carried on a 7-0 vote that the Planning Commission approve the Socio-Economic Cost Benefit Study for Conditional Use Permit No. 971 as it has been determined that this project will not create unmitigable physical blight or overburden public services in the community, and no additional information or evaluation is needed. MOTION It was moved by Vice Chairman Miller, seconded by Commissioner James and carried on a 7-0 vote that the Planning Commission approve Conditional Use Permit No. 971 based on the following findings, and subject to the attached Conditions of Approval: 1 The establishment of a retail tire center will not adversely affect the applicable land use plans of the City because it is a conditionally permitted use in the EV/CG District of the East Valley Corridor Specific Plan. As conditioned herein the use is consistent with the Commercial General Plan Land Use designation; 2. The project will not be detrimental to the public health, safety and welfare as the establishment of a retail tire center is a conditionally permitted use within the zoning district, will be completely contained within the existing developed portion of the project site, and complies with all applicable development standards of the zone. In addition, conditions of approval have been included to ensure that the project will not result in any impacts on nearby sensitive receptors and that prohibits the applicant from displaying or storing any tires on the outside of the building or from performing any work outside of the service bays, and that requires the applicant to dispose of used tires in a manner that is consistent with State law; 3. The establishment of a retail tire center will comply to the maximum extent feasible with the regulations of the City's General Plan, the applicable specific plan district and the City's development standards as the project site is adequate in size to accommodate the use, setbacks, and parking requirements for the expanded facility, it is a permitted use with approval of a conditional use permit and conditions of approval have been applied to the project to ensure that development standards are met. In addition, the project furthers General Plan Policy 4.62m, by providing local residents with additional opportunities to obtain services close to home and General Plan Policy 4.62x through the acquisition of additional right-of-way for the future ultimate width improvements to Redlands Boulevard; 4. The establishment of a retail tire center at the proposed location is appropriate at the proposed location in that the use is compatible with the uses located in the immediate vicinity of the project site, is located on an arterial street which is designed to accommodate the traffic expected to be generated from the use and the site is adequate in size to accommodate the proposed use. This includes additional conditions of approval number fifty-three (53) fifty-four (54) and fifty-five (55) as follows: 51 If site conditions permit, the applicant shall install a landscape planter at the northeast corner of the existing building. Planning Commission Minutes of November 9,2010 Page 10 54. The bay doors on the north elevation of the proposed addition shall be replaced with a raised panel sectional doors. 55. The one (1) gallon shrub species specified on the conceptual landscape plan shall be replaced with five (5) gallon species of the same variety. D. CONGREGATION EMANU EL, APPLICANT (PROJECT PLANNER: SERGIO MADERA) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider a Socio-Economic Cost/Benefit Study. 3. PUBLIC HEARING to consider Conditional Use Permit No. 965 to establish a place of worship, including consisting of a sanctuary and ancillary facilities on approximately five acres located at the northeast corner of Ford Street and Patricia Drive in Specific Plan No. 23. Vice Chairman Miller recused himself due to a conflict of interest. Associate Planner Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of the proposed Conditional Use Permit No. 965 subject to conditions of approval. Chairman Foster opened up the Public Hearing. Mr. Pat Meyer gave a brief presentation and overview of the proposed project. Mr. Meyer stated they concur with the conditions of approval and was available for any questions. Commissioner Guzkowski inquired if the applicant could provide more glazing of the glass. Mr. Meyer stated they can provide additional glazing. Commissioner Dyer expressed concern on the plain elevations on the education buildings, and inquired how visible they are to the public. Mr. Meyer gave explanation and clarification to the elevations. Commissioner Dyer asked where the applicant proposed signage for the church. Mr. Meyer stated they did not submit a sign program, at this time. Commissioner Dyer stated the landscaping is quite unique and would like some explanation. Commissioner Dyer stated there are some inconsistencies between the plans and the legend and requested clarification. Mr. Shaun Burch, STB Architecture, confirmed Sycamore trees are the street trees, Purple Leaf Plums are being used for an accent around the building, and Canary Island Pines are being used for the parking lot trees. Commissioner Hudson inquired where the air conditioning was being proposed. Mr. Meyer stated all of the mechanical equipment will be ground mounted and screened from view. Planning Commission Minutes of November 9,2010 Page 11 Mr. Jeffery Raines, Chairman of the Congregation, stated they are very proud and excited of their project, and are available for any questions. Chairman Foster closed the Public Hearing. Commissioner Shamp stated the design is unusual for houses of worship in the City, and the aesthetic decisions made are strongly tied to faith. Commissioner Shamp stated as a commission they do not have jurisdiction on how the applicant should design their house of worship. MOTION It was moved by Commissioner James, seconded by Commissioner Guzkowski and carried on a 7-0 vote that the Planning Commission approve the Mitigated Negative Declaration Conditional Use Permit No. 965 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 Guzkowski and carried on a 7-0 vote that the Planning Commission approve the Socio-Economic Cost Benefit Study for Conditional Use Permit No. 965 as it has been determined that this project will not create unmitigable physical blight or overburden public services in the community, and no additional information or evaluation is needed. MOTION It was moved by Commissioner James, seconded by Commissioner Guzkowski and carried on a 7-0 vote that the Planning Commission approve Conditional Use Permit No. 965 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 Specific Plan No. 23, subject to approval of a Conditional Use Permit; 2. The proposed synagogue will not be detrimental to the public health, safety and welfare because the project has been designed to comply with all applicable development standard of Specific Plan No. 23 and mitigation measures have been applied to the project's conditions of approval that will mitigate all potential environmental impacts; 3. The proposed synagogue complies to the maximum extent feasible with the regulations of the City's General Plan, the applicable zoning district and the City's development standards as the project site is adequate in size to accommodate the use and all applicable development standards have been adhered to with respect to setbacks, and parking requirements.. In addition, churches are a permitted use with the approval of a conditional use permit and the project has been designed to ensure that it will be compatible with the surrounding land uses; Planning Commission Minutes of November 9,2010 Page 12 4. The synagogue is appropriate at the proposed location because the project site and public improvements within the vicinity have been designed to accommodate the use and all traffic to be generated from the use. In addition, this type of use is typically located within residential neighborhoods and conditions of approval have been applied to the project to ensure that development standards are met. This includes additional condition of approval number forty-eight (48) as follows: 48. The final working drawings shall incorporate recessed windows so that they are not on the same plane as the building surface. V. ADDENDA Vice Chairman Miller presented a plaque from the Development Services Department to Chairman Foster for all of his years of service, hard work and dedication with the Planning Commission. Chairman Foster stated it has been an honor serving on the Planning Commission. Chairman Foster declared the commission and staff have accomplished extremely positive things for the City. The collaborative sprit of the Planning Commission has set an example, as a body, to the City Council. Chairman Foster thanked everyone for the opportunity to serve together. VI. MINUTES A. October 12, 2010 MOTION It was moved by Commissioner James, seconded by Commission Hudson and carried on a 7-0 vote that the Planning Commission approve the minutes of October 12, 2010. VII. LAND USE AND CITY COUNCIL ACTIONS OF OCTOBER 19, 2010 AND NOVEMBER 2, 2010. Chairman Foster inquired if there were City Council actions to report for October 19, 2010 and November 2, 2010. Director Orci stated there were two (2) reportable actions. The City Council approved Ordinance No. 2743 for the tandem parking for the second dwelling unit ordinance. Director Orci thanked Chairman Foster for his years of service, and the guidance. Director Orci said he looks forward to working together at the City Council level. VIII. ADJOURN TO DECEMBER 14, 2010 Chairman Foster adjourned the meeting at 4:40 p.m. to the December 14, 2010 meeting. Linda McCasland Oscar Orci Senior Administrative Technician Development Services Director Planning Commission Minutes of November 9,2010 Page 13