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HomeMy WebLinkAboutPlanning Commission Minutes 4-12-11_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held Tuesday, April 12, 2011, at 2:00 p.m. are as follows: PRESENT: Gary Miller, Chairman John James, Vice Chairman Carol Dyer, Commissioner Conrad Guzkowski, Commissioner Jan Hudson, Commissioner Julie Rock, 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 Miller called the meeting to order, and opened up the Public Comment period. All members were present with the exception of Commissioner Shamp (excused absence). Ms. Susana Beck, resident, requested the City draft regulations and policies to control and regulate the number of cell and communication towers placed in the City of Redlands. Chairman Miller closed the Public Comment period. II. ADDENDA ITEM A. PLANNING COMMISSION WORKSHOPS Development Services Director Oscar Orci gave a brief overview of the Planning Commission's Workshops. Director Orci stated that staff and the City Council's desire is that the Commission conducts workshops and read the list of items in order of priority. Staff and the City Council would like to know if the Commission is agreeable to conduct workshops on the 4th Tuesday of the month. Mayor Pro Tem Paul Foster addressed the Commission and stated the City Council would like the Commission to discuss the order of priority of the workshop list and bring those items to the City Council. Commissioner Rock stated she is willing to devote the extra time to address the Workshop List. Commissioner Rock confirmed she has a conflict of interest with the Downtown Specific Plan item. Commissioner Guzkowski stated he is willing to devote time on the Workshop List. Commissioner Dyer stated she is willing to devote time on the Workshop List and recommended prioritizing the items with their individual timelines needed. Planning Commission Minutes of April 12,2011 Page 1 Director Orci gave details on the timelines for the workshop on the Downtown Specific Plan, Transit Oriented Development (TOD), Greenhouse Gas (GHG), and the General Plan Update approach. Commissioner Dyer confirmed her agreement on the order of priority and requested that cell towers be added to the list. Vice Chairman James stated he was in agreeable to participating in the workshops. Commissioner James recommended while the Commission reviews the items on the workshop list to make Redlands a more inviting place to come for business and to live as a guiding principle. Mayor Pro Tem Foster stated that the City Council would be in agreement to make Redlands a more inviting place to do business and live as a guiding principle. Mayor Pro Tem Foster recommended prioritizing the list to complete some of the items on the list within a few months. Commissioner Hudson stated she was in support of the workshops and encouraged subcommittees. Chairman Miller inquired if there were other topics to add to the list. Commissioner Guzkowski recommended the items have an economic development component. Commissioner Guzkowski requested clarification on the long term plan on how the City uses the rest of their industrial land and inquired if the mall's reuse will be a part of the Downtown Specific Plan process. Director Orci stated the malls development is being considered in the Downtown Specific Plan, and the City Council has directed staff to address the mall. While considering the Downtown Specific Plan staff will need to be consistent with the General Plan. Chairman Miller recommended strengthening the citrus industry, and to encourage density bonuses. Mayor Pro Tem Foster recommended discussing the order of priority on the next workshop meeting and bring the Commission's goals to the City Council within a month. Vice Chairman James requested direction on the detail that the Commission should have on the items. Director Orci recommended the list be refined with time factors to accomplish the tasks and present it to City Council for their approval. Commissioner Rock stated most of the items flow into the General Plan and recommended establishing an approach to the General Plan so as not to duplicate efforts. Director Orci concurred. III. CONSENT CALENDAR-None Planning Commission Minutes of April 12,2011 Page 2 IV. OLD BUSINESS-None V. NEW BUSINESS A. MAGGIE LANE DEVELOPMENT CORPORATION, APPLICANT (PROJECT PLANNER: TABITHA KEVARI) 1. Consideration of a Notice of Exemption pursuant to Section 15311(a) of the California Environmental Quality Act Guidelines. 2. Consideration of Commission Sign Review No. 329 (Revision No. 2) to amend an approved Uniform Sign Program for the Ford Plaza Retail and Professional Office Park by allowing freeway- facing wall signs on Building No. 2 located east of Ford Street and south of the 1-10 Freeway in Specific Plan No. 23. Associate Planner Tabitha Kevari gave a PowerPoint presentation and overview of the proposed project. Staff recommends that the Planning Commission approve Commission Sign Review No. 329 Revision No. 2 subject to the Conditions of Approval. Chairman Miller opened up the Pubic Hearing. Ms. Sheri Stahlheber, representative, stated she was available for any questions. Chairman Miller expressed concern with over crowding the property with signs. Ms. Stahlheber stated Redlands code allows two signs per tenant. Assistant Development Services Director Robert Dalquest stated the sign program has a maintenance requirement to keep the signs maintained, and in good condition. Commissioner Dyer inquired if the sign proposed is reversed pan channel letters. Ms. Stahlheber stated the plan indicate front lit. Associate Planner Kevari stated the Ford Plaza Sign Program regulations indicate pan channel letters. Chairman Miller closed the Public Hearing. Vice Chairman James requested clarification if the item before the Commission is amending the location of the sign only. Director Orci confirmed. MOTION It was moved by Vice Chairman James, seconded by Commissioner Hudson and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission find Commission Sign Review No. 329 Revision No. 2 is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15311(a). Planning Commission Minutes of April 12,2011 Page 3 MOTION It was moved by Vice Chairman James, seconded by Commissioner Hudson and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve Commission Sign Review No. 329 Revision No. 2 subject to the attached Conditions of Approval. B. CITY OF REDLANDS, APPLICANT (PROJECT PLANNER: TABITHA KEVARI) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider Conditional Use Permit No. 983 for the construction of a three-story, 158,500 square foot transit center parking structure containing a total of 427 parking spaces, and a 6,170 square foot commercial/retail space located on the south side of Stuart Street at the terminus of Third Street in the TC (Town Center) and TC-H (Town Center-Historic) Districts of the Downtown Specific Plan No. 45. Associate Planner Kevari recommended the project be tabled to allow additional time to address concerns that were raised at the Environmental Review Committee on March 21, 2011 regarding the potential impacts to cultural resources, and the Redlands Santa Fe Depot Historic District which is on the National Register. Chairman Miller opened up the Public Hearing. There were no comments forthcoming and the Public Hearing was closed. MOTION It was moved by Commissioner Dyer, seconded by Commissioner Rock and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission table the hearing on the mitigated negative declaration and the Public Hearing on Conditional Use Permits No. 983. C. SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, APPLICANT (PROJECT PLANNER: MANUEL BAEZA) 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. 979 to develop a 14,000 square foot warehouse and office building within an existing pump station operated by San Bernardino Valley Municipal Water District on approximately 3.84 acres located at 600 W. San Bernardino Avenue in the O (Open Land) District. Principal Planner Manuel Baeza gave a PowerPoint presentation and overview of the proposed project. Staff recommends that the Planning Commission approve Conditional Use Permit No 979 subject to the Conditions of Approval. Planning Commission Minutes of April 12,2011 Page 4 Commissioner Guzkowski inquired if there were requirements and recommendations on metal buildings. Assistant Director Dalquest stated the building is consistent with citrus groves and the Architectural Design Guidelines. Commissioner Guzkowski expressed concern with the design of the building. Chairman Miller opened up the Public Hearing. Mr. Michael Burke, architect, gave a brief presentation of the proposed project. Commissioner Dyer requested clarification on the materials proposed for the building and the life expectancy on the paint. Mr. Burke clarified the materials proposed and stated the life expectancy is thirty (30) years on the paint. Vice Chairman James stated the design does not look like a packing house, and recommended revisions to the design to make it look more like a packing house. Commissioner Hudson stated there is heavy traffic to the new high school, and recommended the proposed project fits with the community. Commissioner Hudson requested design changes to make it truer to form. Commissioner Guzkowski stated the design is boxy, and is similar to an industrial storage building design and recommended more balance to the building design. Commissioner Rock stated she concurred with the previous comments of the Commission. Commissioner Rock requested changing the shape of the building, adding more height by raising the roof pitch so it will not have a boxy look. Chairman Miller stated the first four items on the Architectural Guidelines are as follows; To provide architecture treatment to all elevations Avoid blank walls devoid of articulation Articulate the building mass to form a less imposing fagade Elevations should be visually attractive by providing surface articulation in all areas of the building plane Chairman Miller stated the corrugated metal is an acceptable material, and requested more articulation on the large planes. MOTION It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission continue the item to the May 10, 2011 Planning Commission meeting. Planning Commission Minutes of April 12,2011 Page 5 D 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 a wireless service facility with an 80 foot tall tower with antennae that reach a maximum height of 100 feet located at the Highland Avenue Water Complex within Ford Park, north of Redlands Boulevard and south of Highland Avenue in the O (Open Land) District. 3. PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 980 to develop a wireless service facility with a 60 foot tall monopole, disguised as an evergreen tree, within Mill Creek Reservoir facility located at 3040 Mill Creek Road in the A-1 (Agricultural) District. 4. PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 981 to develop a wireless service facility with a 60 foot tall monopole within the Hinckley Water Treatment facility located at 1604 Crafton Avenue in the M-1 (Light Industrial) District and M-2 (General Industrial) District. 5 PUBLIC HEARING to consider CONDITIONAL USE PERMIT NO. 982 to develop a wireless service facility with a 60 foot tall monopole, disguised as a palm tree, within the Texas Grove Reservoir facility located at 1660 Texas Street in the O (Open Land) District. Associate Planner Sergio Madera gave a PowerPoint presentation and overview of the proposed project. Staff recommended approval of Conditional Use Permit No. 970, 980, 981, and 982 subject to conditions of approval. Chairman Miller opened up the Public Hearing. Chairman Miller called Ms. Susana Beck forward to address the Commission. Ms. Beck, resident, read her letter of opposition. The letter is on file in the Development Services Department under Planning Commission Staff Reports and Minutes 4.12.11. Chairman Miller called Mr. Leonard Goldman forward to address the Commission. Mr. Goldman stated he had designed liquid hydrogen gas pumps, hydrogen vaporizers, missile prototype antennas, FM Radio, and is a trained electrician and has studied mechanical engineering. Mr. Goldman would like to know if a stress analysis had been preformed and if the towers would withstand an earthquake. There are ponds nearby and stated the City should consider the liquid density of the soil in an event of an earthquake. Mr. Goldman recommended consideration on materials used, where they came from and who the supplier is. Metal fatigue is possible if substandard material is used. Mr. Goldman recommended the City exercise caution and stated there is a fault that runs along Redlands Boulevard. Mr. Goldman confirmed his opposition to the proposed project. Planning Commission Minutes of April 12,2011 Page 6 Mr. Michael Pool, Municipal Utilities and Engineering representative, stated visual blight is minimal and the location was chosen to minimize the height of the tower. Mr. Pool deferred the speaker concerns to their consultant. Vice Chairman James requested explanation on the overall purpose of the tower. Mr. Pool stated the four locations controls the entire water system and will feed sources to sites throughout the City. Mr. Chris Diggs, Municipal Utilities and Engineering representative, stated the locations were selected based on the topography and line of sight. All of the sites that Municipal Utilities and Engineering operates will communicate with the proposed towers. Vice Chairman James inquired if the proposed towers will increase the efficiency of the water system and reduce some of the cost. Mr. Diggs stated it will increase the efficiency, the current system is antiquated. In addition they are seeking funding from the Southern California Edison and are participating on paying for the new system. Vice Chairman James inquired if the wireless communications in the City are compatible with the water system. Mr. Diggs could not confirm. Commissioner Guzkowski inquired if there are any alternatives to consider, like fiber optics. Mr. Diggs stated the proposed tower is the best choice to completely control how the water system is managed, maintained, and operated. Fiber optics would be an extremely cost prohibited alternative. Commissioner Guzkowski inquired if the proposed tower is the best technology available. Mr. Diggs confirmed. Commissioner Dyer requested clarification on the height of the tower and size of the dish antennas. Mr. Diggs clarified the specifications of the tower and antennas. Chairman Miller inquired if there was a soil report completed on the tower locations. Mr. Pool stated when they complete the design they will have a full soils report on the locations. Chairman Miller inquired if the Alcatel-Lucent cubed technology was a viable option. Mr. Pool deferred the question to the consultant. Mr. Diggs stated if they were to go with the Alcatel-Lucent cube the City would be dependent on another service. Chairman Miller asked what was the reliability of the current system, compared to the reliability of the SCADA system. Mr. Diggs stated the service will be more reliable. Vice Chairman James inquired how the tower frequencies will compare to the frequencies from a cell tower. Mr. Gene Hire, Consultant, stated the antennas transmit very low power levels and is minimal and insignificant. The towers do not compare to cell towers. Chairman Miller closed the Public Hearing. Commissioner Dyer expressed concern on the stealth features of the tower on the Ford Park location. Commissioner Guzkowski encouraged MUED to ensure the facilities could endure any impacts from nature. Planning Commission Minutes of April 12,2011 Page 7 Commissioner Rock concurred with the Commission's comments. Commissioner Rock stated there were palms on the Mill Creek location and inquired why a mono palm was not used instead of the evergreen tree. Commissioner Rock recommended a Photina Hedge in place of the vine on the chain link fence. Chairman Miller stated the tower is light grey and recommended a dark khaki color in order to blend in with the foliage. Commissioner Miller stated the proposed tower makes the operations more efficient and in more control. Commissioner Miller stated he was in support of the proposed project. Commissioner Rock inquired if we are regulated by Federal Law regarding the frequency. City Attorney Dan McHugh stated we are regulated by Federal Law relative to cell towers, and confirmed he had not read the rule that was mentioned today but most likely it would be pre-empted. MOTION It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve the Mitigated Negative Declaration for Conditional Use Permit No. 970, Conditional Use Permit No. 980, Conditional Use Permit No. 981, and Conditional Use Permit No. 982 and direct staff to file and post a "Notice of Determination" in accordance with City guidelines. MOTION It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve Conditional Use Permit No. 970 based on the following findings, and subject to the attached amended Conditions of Approval: 1. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of approval. 2. This approval is for a Conditional Use Permit for the development of a Wireless Service Facility which consists of an 80 foot tower structure with antennae that reach a maximum height of 100 feet located at the northwesterly corner of Ford Park. 3. All plans submitted to the City shall reflect all Planning Commission approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 4. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. Planning Commission Minutes of April 12,2011 Page 8 6. All on-site utilities associated wit the project shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Community Development Director, prior to issuance of building permits. 7. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits. The plans should also detail any noise reduction measures taken. 8. Pursuant to Government Code deGtien 66020(d), certain fees, dediGat♦ons, reservations or exaGtlens imposed by the-City-'as a Genditien Of appFeva! of this PFGjeGt aFe subjeGt to a statutory ninety (90) day pFetes peried Please he advised that the ninety /90\ day pretest peried fpr these fees, ded+C-ations reservations and exaEtiens whiGh—are ubjectts Government Code-SeGtien6020(acyta) has GOITImenGed to FUR on the dote thus PFGjeGt was approved by the City. 9. The I+Eafe�th+s-pemit and its EEessO,rs u„nd--assigns, shall defend, 0 Rdernnify and hold harmless the City fTedlands, and its OffiGials, nffiners e agents and empleyees e from and against any and all nl-aims e aotiens e s set aside, void or annul the approval of this permit by the rit y or broughtagoins� City due to ants OF nmissinns in any way r-n-e-f }eEted-to the ,�`�� ppl � pler'ot that is the subjeGtt Of perFmitt. This muernrn �tIolullmfiGa iOR ir'T ude but nn�imited to, darnages, fees,GOStS, liabilities and p ses in rr in s� o r prep ding �.���.,,�expera��,�c�,T �,-�a -QE �e +r�gs� damages fer the iRj epi to pFepeFty-OF peFSGRS, ORGluding death of a pen, and any award of I'atterReyS�ees�P the-event—any SUGh aactl� is O enGed to attack,set aside, void or annul all, OF aRY, prnVisions of this peFm OF s xrmrRmrreAved fpr any ethel: FIBAGeRagainst the Gity fer ants Or ornissions relatiRg to the e e withiR fourteen (14) City business dons of the some the oppliGanttssrhall file with the City a perfermanne bond or irr n We letter of it / e r "Se rigs"\ in a ferm and in an „�eu�Ea,��ett�r-cam ,r-rtegc e� Qcc� arvo��nu�atisifaGtory-to the Gity, to eRrre pliGant's perfor�Tre��? defense and irnd pity Obligatironrs under�ththis The failure of the applinant rity shall he de prey ec��„�,,,--p��cer� a� e�c,�s aGknowledgernent and agreement by the appliGaRt that the City shall have the a�therity and right without phi ration by pli nt to revoke � zr+r'vRr�ar'a--rr�^ , e"�)� a�PTr�:a�-r ,�c�T ent+t4ereep s graRted fer the preien�uant�te this peF.mlt.TheG`ty shall have�no liability to the applinant for the evernise Of City's right to revoke this permit. 4-0-. 8. All City Department Conditions of Approval shall be incorporated into the general notes of all plans submitted to the City for building and grading permits. Planning Commission Minutes of April 12,2011 Page 9 4-1- 9. In order to mitigate potential impacts as identified in Section I(c) of the initial study, the applicant shall paint the tower and all ancillary equipment attached to it a light grey color that blends with its surroundings and the plant V'Res and a continuous hedge around the perimeter of the chain link fence enclosure at the base of the tower to provide a solid screen. (Mitigation Measure No.1) 4-2-.10. In order to mitigate potential impacts as identified in Section XI(c-d) of the Initial Study Checklist, the applicant shall limit the time of construction activities to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday with no construction activities permitted during weekends and Federal Holidays. Project contractors shall ensure that all construction equipment, fixed or mobile, shall be operated with properly functioning and maintained mufflers, consistent with manufacturer standards. (Mitigation Measure No.5) 4-311. To mitigate the potential impacts identified in Section XIII(a) of the Environmental Checklist, the applicant shall be required to submit a construction site safety plan approved by the police department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The developer shall be responsible for the compliance of all sub-contractors working on the site. (Mitigation Measure No. 6) It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve Conditional Use Permit No. 980 based on the following findings, and subject to the attached amended Conditions of Approval: 1. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of approval. 2. This approval is for a Conditional Use Permit for the development of a Wireless Service Facility which consists of a 60 monopole disguised as an evergreen tree with antennae that reach a maximum height of 66 feet located at the Mill Creek Reservoir. 3. All plans submitted to the City shall reflect all Planning Commission approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 4. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. Planning Commission Minutes of April 12,2011 Page 10 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 6. All on-site utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Community Development Director, prior to issuance of building permits. 7. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits. The plans should also detail any noise reduction measures taken. 9. Pursua t tGGE)PnrvmrmrT n+ (;E)de SeGtit7R 66020(d), GeFtain'rfee•S, dediGatjen�seFve rexae.tiE) imposed her the Gity as a r+enrdj+inn of approval of thispreejeGt aresdvje oto a utatutoi��rety (90\ d� cray pretest perierd Please he advised that the ninety (90) day pretest perierd fer these f rderdi +inns res anrd o ens whi ore su bjeot to reps,–a�rEa�C�+e,�,�, tG+ec�ns—ar,�e�c-�c�l��„r p,��„�c�o Government Code SeE iE)R 66 t'2'n(' �mrnenGed-to r��n on the date wv a.Trr-v v�crv- rrrrrrcrry �urrvrr cc this nrejent was approved her the City. 9.The Gatfnr this permit, o ?�a and assigns shall d rd F,,�S$�S-ana-avv�y-rivl�Ta�-raefe�c�, 0Rd reify anrd helyd harmless; the Gita of Redl'TaR S, "—arra=rsr V_teEtP_d GffiGialls,, effiGers ages ard employees, froand againsany all Glais ar•+jn os e ntnme m n t nnm e e a PFGGeediRgS to attaGk,set aside,ye'due ni I anereyal of is re t by the Gity, �u er hregh+taaggaaiiRSt-t it:Gity�- ue a ;art,-; nor emrt ssienst On an way eeRReGted to appIiEa"'irt'Sprvject-that as the si ihie`ctr- of thus permit. Tnivs .nrd n.fi tin. shall jnr�li�rde but net he limit to rdamages fees,, r-vc-rrn-rrc �v�varrragcv� , , liabilities, andexpeRSP-6 EPrc{ddrredn Sur__h ;GGF pFeGeediRgS, RGIudiRg rdama��er iRj pry prop y er persons in irding death of person, as yrs-m��n�J�ury-ry-P'v�e�ty v>-pa�vn� rrT ea erso , and--aRy alxard—vreS. In the eveRt aRy SLIGh accts--fs GGMmeRGedteatta�eacs aaia�oid Ar anni it all nr a. V �r nrn�risiv�� f�j e t v e e e perlTl;t OF 08 G eRGed for any ether reasonagainstthe Gity or arm emjssjens relating to the annlinant's nrejen+ w0thjn fei irteen (1 it) Gity b Usjness e days ofthe same the annlinant shall file voiith the Gity a nerfermardnne henter e 'meVGGahle lettea r Of Greditir (together, the—ve.Urity") in o form onrd in on amG Rt say+%r++enr +e the Gity, to eRSUFe�,.,a�TGan�jrp� maRGeve ere�f its e c defepvm nit gatEGRES t els nenrdifinn The f­;;01i rre e f the appliGaRt to provide the oeGUrit shallbe deemed aR express aGkRowledgemeRt and agreeMeRt by the appliGaRt that the City shall have the t ��ri ��t ehjen�n her the nliEanrri—tG reveke all ae r-avT 7cc r,�y— apprr , eRttttemeptsrv-granted for the project--pus-earnrt-tG this permit.ThtiCity have�}nn liability to the opplinont for the evernise of City's right to revoke this }�v 4-9. 8. All City Department Conditions of Approval shall be incorporated into the general notes of all plans submitted to the City for building and grading permits. Planning Commission Minutes of April 12,2011 Page 11 4-1-.- 9. In order to mitigate potential impacts as identified in Section I(c) of the initial study, the applicant shall provide a stealth treatment in the form of an evergreen tree. The quality of the stealth treatment shall mimic the look of a real evergreen tree as to the extent feasible. The color of all ancillary equipment attached to the monopole shall match the color of the simulated foliage. (Mitigation Measure No.3) 4-2-.10.ln order to mitigate potential impacts as identified in Section XI(c-d) of the Initial Study Checklist, the applicant shall limit the time of construction activities to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday with no construction activities permitted during weekends and Federal Holidays. Project contractors shall ensure that all construction equipment, fixed or mobile, shall be operated with properly functioning and maintained mufflers, consistent with manufacturer standards. (Mitigation Measure No.5) 443-.1 1.The applicant shall install three (3) evergreen trees that match the stealth treatment of the monopole as close as possible. The tree specimens shall be a minimum of 24" box and irrigation shall be installed to ensure the trees survivability. MOTION It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve Conditional Use Permit No. 981 based on the following findings, and subject to the attached Conditions of Approval: 1. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of approval. 2. This approval is for a Conditional Use Permit for the development of a Wireless Service Facility which consists of a 60 monopole with antennae that reach a maximum height of 66 feet located at the Hinckley Water Treatment Facility. 3. All plans submitted to the City shall reflect all Planning Commission approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 4. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. Planning Commission Minutes of April 12,2011 Page 12 6. All on-site utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Community Development Director, prior to issuance of building permits. 7. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits. The plans should also detail any noise reduction measures taken. 9. Pursua t to GE)Pnr�m'rmR n+ Code SeGtit7R 66020(d), GeFtaiR fee•S, dediGatiGRS, reservations r exaGtIons sed by the City-aTaTGGRditivr"r of approval of this preJeGt are si Chien+ to a statutory ninety (90) day protest periel- Please be advised that the ninety (90) day pretest period for those fees, aediGa+inns��eFva-tE)Rs-and exaGtlyornr? whiGh are sahJen+- Governrnmen+ Code deF20(a ncnvrmrm enGed-+n WR on tt a date thus PFGjeGt was approved by the City. Q The a���Rt f-,-th ,_; permmi+, and Tunr- as$gnvtshall defend, 0Rd reify anihnlyd harmles16 thp- Gityof RedlaRGS, and=rsrVleEtedGffnGnalls,, y iGeFG, ageRts and-employees from and agaiRs nr- all ims, ata i�lr- ern et aside Moir- or annul the approval of this permit c�--prvF,ef.'d+�S t8-ettaEk�cc-a��rv� ci,,,Tc by Git y nr brought tanaaiRJ the Git i due to ants nr emissiens in any way ,Col""IneGted to-the appliGant's projenGt that ust o thrThJubjenv ofthispermit.Thus iincfTGatio�ulrl irnnlude but—not he limited , armages, fees, GE)stsr, rIirabrilrirt�es, and rexn epveva-crOh carn�nrG nr preneed S, Luring damages fer the iniUpi to prnpeFtyiFpeFsenj�T iding death of a peFseR, and an i award of ottorReysr fees. in the eveRt aRy SUGh—aactlGR 0$ GGMmeRGedte atta�e set aaia�e voidnr annul all, er an,i prniisiv 3 of thm e peFp�l't�r'vr-rte � reeved for ani n+he��ea aRst-the City f�aaGtS GF omisslons relating to the applinant's proient within fourteen (14) city business s days of-the same the applinant shall fila IAnth the Gity a perfnrmanne hnnrd or 't a 8�bie letteY-tfr.Fed (ttegeth'erhede'�ri+�i"\ in a ferm and in an afeev��n�a+crsrfaGtoryto the City, o-ensure�lriGants perfn�anGe of its defense an TmnitebligatiGRGd- cs enol-ifinn The f­;401i rre of the applinant to preyide rity shall he `-n prey eC�rrty-�nurr-p��ce� a� e�provs aGkRowledgemeRt and agreeFneRt by the appliGant that the City shall have the autheFity and l-4Fight, without ebjeetOG,n by the appTlirnun+, t e—Femme—ce epttepep#Sgfanted for the preienaot puicsut an�to this peF.mlt.TheG`tshaalll have }nn liability to the opplinont for the evernise of (moi+a's right to revoke this peFmi 4-0-. 8. All City Department Conditions of Approval shall be incorporated into the general notes of all plans submitted to the City for building and grading permits. 9. In order to mitigate potential impacts as identified in Section I(c) of the initial study, the applicant shall paint the monopole and all ancillary equipment attached a light grey color. (Mitigation Measure No.3) Planning Commission Minutes of April 12,2011 Page 13 4-2-.10. In order to mitigate potential impacts as identified in Section XI(c-d) of the Initial Study Checklist, the applicant shall limit the time of construction activities to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday with no construction activities permitted during weekends and Federal Holidays. Project contractors shall ensure that all construction equipment, fixed or mobile, shall be operated with properly functioning and maintained mufflers, consistent with manufacturer standards. (Mitigation Measure No.5) MOTION It was moved by Commissioner Guzkowski, seconded by Commissioner James and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve Conditional Use Permit No. 982 based on the following findings, and subject to the attached Conditions of Approval as amended: 1. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of approval. 2. This approval is for a Conditional Use Permit for the development of a Wireless Service Facility which consists of a 60 monopole disguised as a palm tree with antennae that reach a maximum height of 66 feet located at the Texas-Grove Reservoir. 3. All plans submitted to the City shall reflect all Planning Commission approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 4. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 6. All on-site utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Community Development Director, prior to issuance of building permits. 7. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits. The plans should also detail any noise reduction measures taken. Planning Commission Minutes of April 12,2011 Page 14 8Pursuant to Government Code — eGtii,en 6w6020(d), pertain fees, d-ediGations, reservations r exaGtlov rs imposed by the City as a Genditienr E)f approval of this PrOjeGt are subjeGt te a statutory ninety (90) day pretes period Please he advised that the ninety (90) day protect period fpr these fees dedr'C-ations reservationsand exan�ns whi h ore s��bieGt to rcca� � arrc� uc rrc�cnr —ar�.rc���.,c., ,,�,., �vernmrentc tCode-Sec 20(a)has OrnrnenGed-to run on the date thus PrOjeGt was approved by the City. Q The appi"rC;arnt fn-.rthpermit, and its sscnL�ssorraand- assigns, shall defeRdr , o Rdernnify and hold harmless the City of Redlands, and its Offiririiars nffiners e agents and empleyeese i from and against an and all plasms antinns e e and prone rIngcto attxlL, set aside, vn I of is permrit by the or brought agaiRSt the Gity due to aGtS or ornissions on aRy way City, EA eEted to the applisan+'s present that is si shier+ of this per This �v�rrc�apprrcarr��r-prvrccr-crrarr� �ccr-vTmr��cr ind n.fi tion shall inGli ode but net he limit to damages fes Gents_ im�e�rmT�rrvrranun--rrr , r-vc-rtrrtrc �v�varrrc�cv� , , liabilities and p ses in rr in si i an or pros iding m+pmrrcv�ancr-e�per�vcv�rrC�rr �rrvu Zrct�s�r�rvice s�}Ci ddaamages fer the iRj epi to prnpeFt�iyeF peFSeRs�T iding death of a pen, and any awa d--nfat#GFReys' fees the event any GUch aGt+ea--is GOFnrnenGed-te ettaGk, se aside, vood or annul all, or any, provisions of this peFmit�r'cr-rs r-xqmnrepved fer any nthecrreaseaen against the Gity fy-f9F asctS Gr omissions relating to the applicant's preieste w 0thin fey irteen (1 it) Gity business days of the same, the applicant shall file ui ith the City a performance bond or days .rre�incahle Iter of edit / ether the "SeUrity") in a form and in an TrrcvvcaArc� cr-vr- rr�t�c �T,-cn�, aamee��ntsat%actnpi to the sty, te-eRSUFe applTsent'jrpeFfer�Trece ef its defense and indemnitynity obligations under this nendritrinn The failure of the applicant rifii shall he de an prey e�rrty—�nurr-p��ce� parr—e�prcvs acLnn��iledgement and agreement by the applicant that the Gity shall have the autherityanid right without objeGtion by the app�IiGant�T Gity ent+t4err}en s ted fer the preien�e"aJntte�tshis peF.mlitr—Tis- Gity hall hh-ave n�e liability to the applinant fer e��L+ the of Gity's right to Feveke this permit. 4-0-. 8. All City Department Conditions of Approval shall be incorporated into the general notes of all plans submitted to the City for building and grading permits. 44-. 9. In order to mitigate potential impacts as identified in Section I(c) of the initial study, the applicant shall provide a stealth treatment in the form of a palm tree. The quality of the stealth treatment shall mimic the look of a real palm tree as to the extent feasible. The color of all ancillary equipment attached to the monopole shall match the color of the simulated foliage. (Mitigation Measure No.4) 4-2-.10. In order to mitigate potential impacts as identified in Section XI(c-d) of the Initial Study Checklist, the applicant shall limit the time of construction activities to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday with no construction activities permitted during weekends and Federal Holidays. Project contractors shall ensure that all construction equipment, fixed or mobile, shall be operated with properly functioning and maintained Planning Commission Minutes of April 12,2011 Page 15 mufflers, consistent with manufacturer standards. (Mitigation Measure No.S) X11. The applicant shall install three (3) palm trees that match the stealth treatment of the monopole as close as possible. The tree specimens shall be a minimum of 8' of clear trunk height and irrigation shall be installed to ensure the trees survivability. VI. MINUTES MOTION It was moved by Commissioner James, seconded by Commission Rock and carried on a 6-0 vote (Commissioner Shamp absent) that the Planning Commission approve the minutes of February 22, 2011. VII. LAND USE AND CITY COUNCIL ACTIONS OF MARCH 1St, MARCH 15th AND APRIL 5, 2011. Chairman Miller inquired if there were City Council actions to report for March 1St, March 15th and April 5, 2011. Director Orci stated there were no reportable actions. VIII. ADJOURN TO MAY 10, 2011 Chairman Miller adjourned the meeting at 4:30 p.m. to the May 10, 2011 meeting. Linda McCasland Oscar Orci Senior Administrative Technician Development Services Director Planning Commission Minutes of April 12,2011 Page 16