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09/16/1999GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 16, 1999 The regular meeting of the Grand Terrace Planning Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California on September 16, 1999 at 7:00 p.m. by Chairwoman, Fran Van Gelder. PRESENT: Fran Van Gelder, Chairperson Doug Wilson, Vice -Chairperson Matt Addington, Commissioner Mary Trainor, Commissioner Patrizia Materassi, Community and Economic Development Director John Lampe, Planner Pat Peterson, CEDD Secretary ABSENT: Don Larkin, Commissioner 7:00 P.M. CONVENED SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING Call to Order Pledge of Allegiance by Commissioner Trainor Roll Call Public address to Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Community Development Director. PUBLIC PARTICIPATION: None PLANNING COMMISSION MEETING MINUTES Page 2 September 16, 1999 ITEM#1 PLANNING COMMISSION MEETING MINUTES OF JUNE 17, 1999 MOTION PCM-99-18 PLANNING COMMISSION MEETING MINUTES - JUNE 17, 1999 Motion by Chairwoman Van Gelder to approve Planning Commission Meeting minutes of June 17, 1999. Seconded by Commissioner Addington. MOTION VOTE PCM-99-18 Motion carried. 4-0-0-1. Commissioner Larkin absent. ITEM #2 PLANNING COMMISSION MEETING MINUTES OF JULY 16, 1999 MOTION PCM-99-19 PLANNING COMMISSION MEETING MINUTES - JULY 15, 1999 Motion by Commissioner Addington to approve Planning Commission Meeting minutes of July 15, 1999 Seconded by Chairwoman Van Gelder. MOTION VOTE PCM-99-19 Motion carried. 2-0-2-1. Commissioner Trainor and Vice -Chairman Wilson abstained. Commissioner Larkin absent. PLANNING COMMISSION MEETING MINUTES Page 3 September 16, 1999 ITEM #3 CUP-98-04/E-98-10 APPLICATIONS FOR CONDITIONAL USE PERMIT AND ENVIRONMENTAL REVIEW TO EXPAND THE EXISTING USE TO INCREASE PRODUCTION OF MANUFACTURED MOBILE MODULAR STRUCTURES INCLUDING PORTABLE CLASSROOMS AND OFFICE TRAILERS LOCATED IN THE INDUSTRIAL DISTRICT AND TO HAVE NEW HOURS OF OPERATION FROM 6:00 a.m. to 7:00 p.m., MONDAY THROUGH SATURDAY, YEAR-ROUND. AMERICAN MODULAR STRUCTURES, INC. 21516 MAIN STREET, GRAND TERRACE, CA Staff report was presented by planner John Lampe. He explained this application was continued from the September 15, 1999 Planning Commission meeting to allow applicant additional time to prepare an engineered water plan. The water plan was approved by the County Fire Department during the week of September 13, 1999. Mr. Lampe introduced Captain Steve Anderson to answer questions related to the water plan. Since the September 13 meeting staff has received a memorandum from the County Health Department indicating an acoustical study will not be required, based on information applicant provided to the Health Department. Staff has revised Condition #22 of the proposed Resolution accordingly, to require an acoustical study only after receipt of two noise complaints. In additional, applicant will be required to notify their haulers to restrict their pick-ups and deliveries to daytime hours between 7:00 a.m. and 6:00 p.m. At a recent meeting Applicant agreed to all Conditions of Approval except Condition #31, which states applicant has 45 days to install improvements required by the water plan. Applicant indicated they need 60 days to complete installation. After the meeting with Applicant staff added Condition #32, clarifying when the Conditions of Approval must be complied with and Condition #33, requiring an irrevocable letter of credit be provided by applicant to guarantee water plan improvements will be installed within 45 days. Following the July Planning Commission Meeting staff wrote a letter to neighbors of applicant to explain the City's Noise Ordinance and discussing requirements for an acoustical study. Staff recommended approval of the CUP and Environmental applications subject to Conditions of Approval in the revised Resolution. Chairwoman Van Gelder asked for clarification on the hours of operation. Mr. Lampe said the business may open at 6:00 a.m. but may not use heavy equipment and have truck traffic until 7:00 a.m. Commissioner Addington asked why applicant has one year (in Condition #32) to comply with all conditions of approval. Mr. Lampe explained applicant has several improvements to complete on the property in additional to the water improvements. PLANNING COMMISSION MEETING MINUTES Page 4 September 16, 1999 There was a general discussion among staff the Commission Members of Condition #33 requiring an irrevocable letter of credit vs. applicant posting a bond. 7:15 P.M. PUBLIC HEARING OPENED BRUCE CASH UNITED STRATEGIES, INC. 1905 BUSINESS CENTER DR., #101 SAN BERNARDINO, CA 92408 Mr. Cash said he is consultant on behalf of applicant, American Modular Structures, Inc. He said he is pleased to report an off -site and on -site water plan has been approved by the County Fire Department. Applicant is now ready to proceed and build the project. He asked the Planning Commission Members to amend Condition #31, to allow 60 days instead of 45 days to complete installation of the fire suppression system. He said it may not be possible to get a contractor to complete the project within 45 days. He said 60 days is a reasonable request. Mr. Cash said he believes Condition #33 should not be required. Applicant does not agree to provide the requested letter of credit. He asked the Planning Commission to remove Condition #33. Mr. Cash read a letter from applicant to his dealers and haulers addressing Condition #22, about noise levels and hours for pick-up of mobile units. Director Materassi addressed the request of Mr. Cash to delete Condition #33. She said the issue of water service has been around for years now and if applicant is serious about installation of the fire protection system then the letter of credit is merely an assurance that it will take place. After discussions with management and the County Fire Department staff determined a letter of credit would be a reasonable request. If applicant does not follow through with the installation then the City will need to do so. Mrs. Materassi said the City is very concerned about approving applicant's request for expansion when the current project does not have the required supply of water. Vice-chairman Wilson asked staff the length of the line for the water system. Director Materassi said the Director of Building & Safety estimated $77,000 for 1100' of line, 4 valves, 3 hydrants and repaving. Staff added a 10% contingency for a total of $84,700. Mr. Cash reiterated the applicant is ready to proceed and committed to move forward with installation of the water improvements and fire protection system upon Planning Commission approval. PLANNING COMMISSION MEETING MINUTES Page 5 September 16, 1999 DAVID LEONARD 3050 CHICAGO AVENUE RIVERSIDE, CALIFORNIA He said he works under Robert Crane who is the court -appointed receiver for subject property. The property Mr. Ng does not have control of the property. All conditions of approval pertaining to ownership must go through the receiver, Mr. Crane. He said he does not wish to have to explain to the bankrupsy court that subject property does not comply with local ordinances. Director Materassi said she called the City Attorney to confirm the Planning Commission can impose Conditions of Approval on subject application even though the property is in receivership. ADAM ORNELAS He said he has appeared before the Planning Commission many times and it has taken him over two years to solve the noise issues with American Modular that he has complained about. Since the last Planning Commission meeting there was another instance where a semi truck arrived at 3:00 a.m. to pick up a modular unit. Mr. Ornelas said he has spoken with the Sheriffs Department and finally feels there will be citations issued if American Modular continues to ignore the noise ordinance. CAPT. STEVE ANDERSON SAN BERNARDINO COUNTY FIRE DEPARTMENT 385 N. ARROWHEAD SAN BERNARDINO, CA He said the project has been ongoing since January, 1998 and applicant is doing the best they can with the situation they have encountered. The Fire Department has reviewed and approved plans for the on -site fire system. He said he will support applicant's request to extend the 45-day installation requirement to 60 days if applicant feels it is needed. The off -site water system must be approved by the City of Colton, the local water purveyor. Captain Anderson said the on -site water system would take approximately 10 working days for installation. However, until the off -site system approvals and improvements are made by the City of Colton there will be no hook up for the on - site system when completed. Captain Anderson told the Planning Commission applicant submitted on -site plans for approval on Tuesday, Sept. 14 and the plans were approved on Wednesday, Sept. 15. PLANNING COMMISSION MEETING MINUTES Page 6 September 16, 1999 Chairwoman Van Gelder asked Captain Anderson what would happen to the project if the City of Colton does not approve the off -site water plan. Captain Anderson said that would pose a serious problem for applicant. He has had no contact with the City of Colton to discuss the off -site plan. BRUCE CASH UNITED STRATEGIES, INC. Mr. Cash said he met with Tom Clark, Colton Public Utilities Director. He said the City of Colton has acknowledged and approved, in concept, the proposed improvements early in July, 1999 when he met with Tom Clark. The City of Colton was involved in the project design. Mr. Cash asked again that the Planning Commission delete Condition of Approval #33, requiring applicant to post a letter of credit in favor of the City. Commissioner Wilson asked if staff explored alternate methods to insure the water protection system is installed. He proposed a certificate of deposit for 50% of the cost of the actual improvements as an alternative so Mr. Bushore would not be encumbered to the point he would not be able to do business. Director Materassi said there would not be a problem with a different type of security but the City feels security is needed. Chairwoman Van Gelder asked if there were any other comments. BRUCE CASH UNITED STRATEGIES, INC. "You know I really enjoy this and I appreciate the Planning Commission's patience with us in this regard. Would it now be reasonable for the Commission to simply condition their approval tonight on the fact that these improvements are being done? In other words, in 60 or 65 days if this improvement isn't done his conditional use permit is thus revoked. That is the biggest hammer that this Commission has over us to motivate us to get this done. We're certainly motivated to get out and get it done." Commissioner Wilson: Mr. Cash, does that infer then that no expansion would take place in that 60 days? Mr. Cash: "Bear in mind that you are approving an expansion that's already occurred, but it does mean that his ability to operate forward is raised into question if he does not see that these improvements are in fact carried out. " Commissioner Wilson: Thank you, that answers my question. PLANNING COMMISSION MEETING MINUTES Page 7 September 16, 1999 Mr. Cash: "And again, I simply plead with the Commission to recognize that we are trying to channel all of the finances toward getting the improvements done and we have demonstrated our willingness to do that already. In fact, we have an actual proposal to improve facilities. Obviously it does not include all of the costs of engineering and consultation, etc., but I would suggest to the Commission that the City's engineer that prepared your estimate was not far off. But again, ultimately the hammer is with the Commission if we do not perform." Commissioner Addington: I have a question for staff. Mr. Cash brought up the idea and I have a question. The Commission is being asked to approve a CUP for an expansion that has already occurred. If we choose Mr. Cash's proposal where in 45 days the system is not installed and the Commission decides to revoke the CUP, how much work and time would be required and what would the Commission be revoking? Would applicant have to take half his business away since he's already expanded it? Director Materassi: We would have to have another public hearing to reevaluate the CUP. It could take another month and a half for that hearing. He would have to retrieve his business since he has already expanded it then reapply for another CUP to start the process again. BRUCE BUSHORE, PRESIDENT AMERICAN MODULAR STRUCTURES 21516 MAIN STREET GRAND TERRACE "Thank you for listening to me speak. I just had some conversation with Mr. Cash and David Leonard for the receiver. One think I would like to point out is that we are a small business. I'm a sole proprietor. $85,000 credit will come directly out of my working capital. It's very, very difficult. If any of you own businesses you will know that's a chunk of change. If I were able to go to the bank and obtain a letter of credit they're going to issue the letter of credit to the City of Grand Terrace. The first thing they're going to want to know is "What's it for?" As soon as I tell them it's for an on -site and off -site water improvement they're going to want to know "Do you have the approval of the owner?" The owner is the receivership. We're back to square one again. And as far as the thing about the 60 days, I think it's great. We want to move forward. I've been there 11 years. I've been the only small "mom and pop" guy that's been on that site for 11 years. We've had Fortune 500's come and go. People have told me I should've moved years ago, months ago, weeks ago; but I'm persistent. I want to stay there. I want to sign another five or ten- year lease and move forward with the area that I want. I just want to run my business and make a living. I have a family and I'm a Commissioner in my local city, so I understand what it's all about. The presence with the receivership is a very, very difficult one. I think Mr. Anderson, who has been on board with me for a couple of years said it best. PLANNING COMMISSION MEETING MINUTES Page 8 September 16, 1999 It has been the most unusual case of circumstances of anything from talking to Mr. Bruce Springer from Grubb & Ellis, from Christie and Stephanie and Bob Crane and all the people up here, but you know what? I have a strong perseverance and I'm going to make this project happen. This is going to happen. I don't know what else to tell you, but a letter of credit, they're going to turn around and go right back to Bob Crane and Mr. Crane has indicated he is favorable. I'm not going to say he is going to approve this, but he is very favorable to it. He has to get in front of a Federal court judge which he said he can do in the span of a 3-4 week period, once we come up with these proposals, which we just received at around 4:00 p.m. today. You can bet by the middle of next week we will have a written documentation to Mr. Crane .... to the bankrupcy receivership to try to obtain funds to pay for this. Some how we will work this out. I know we will. Thank you." 7:50 P.M. PUBLIC HEARING CLOSED Chairwoman Van Gelder suggested the process of going through the revised conditions and making any motions on them individually. Condition #18 - There was consensus among all Commission Members present to leave it as proposed by staff. Condition #22- There was a discussion among Commission Members present concerning the business hours and hours allowing heavy traffic and loud noise. All Commissioners agreed to leave this condition as proposed by staff. MOTION PCM-99-20 Motion made by Commissioner Addington regarding Condition #31, to extend the 45-day completion date to 60 days from the date of Planning Commission approval. Seconded by Commissioner Trainor. MOTION VOTE PCM-99-20 Motion carried. 4-0-0-1. Commissioner Larkin absent. PLANNING COMMISSION MEETING MINUTES Page 9 September 16, 1999 L. Condition #32- There was consensus among all Commission Members present to leave it as proposed by staff. MOTION PCM-99-21 Motion by Vice-chairman Wilson to revise Condition #33, to reflect the alternative of providing a certificate of deposit payable to the City of Grand Terrace in the amount of 50% of the value of the cost of the on -site and off -site water improvements, OR an irrevocable letter of credit to the City of Grand Terrace to ensure the improvements are completed within 60 days of date of Planning Commission approval. Seconded by Commissioner Addington. MOTION VOTE PCM-99-21 Motion carried. 4-0-0-1. Commissioner Larkin absent. MOTION PCM-99-22 Motion by Commissioner Addington to approve CUP-98-04 and E-98-10, subject to staffs recommended conditions of approval as amended by the Planning Commission Members. Seconded by Chairwoman Van Gelder. MOTION VOTE PCM-99-22 Carried. 4-0-0-1. Commissioner Larkin absent. 7:57 P.M. ADJOURNED SITE AND ARCHITECTURE REVIEW BOARD/PLANNING COMMISSION MEETING PLANNING COMMISSION MEETING MINUTES Page 10 September 16, 1999 7:67 P.M. CONVENED PUBLIC WORKSHOP SESSION • Information to Commissioners Director Materassi informed Commission Members Don Larkin was selected to fill Council Member Singley's unfinished term. She thanked Chairwoman Van Gelder and Vice -Chairman Wilson for their interest in serving on the Council. Chairwoman Van Gelder congratulated Council Member Larkin and said he will make an excellent Council Person. Director Materassi said she has been negotiating with people representing Hollywood Video to remodel the old Pure Design building. She also said she has been speaking with the realtor for Mr. Nolan who owns the vacant property at the southwest corner of Barton Rd. and Mt. Vernon. They have discussed a Carl's Jr. restaurant for that location. • Information from Commissioners Commissioner Addington asked for an update on the progress of re- opening the Food Connection Restaurant and the Rite Aid project. Director Materassi said the Rite Aid developer mailed the required Demolition Notice to surrounding property owners last week. Demolition should begin within 2-3 weeks and take approximately 2-3 weeks for completion. Commissioner Trainor said she heard the Food Connection will be re- opening on October 3, 1999. Staff could not confirm. No one has contacted the Planning Department. 8:03 P.M. ADJOURNED PUBLIC WORKSHOP SESSION NEXT PLANNING COMMISSION MEETING TO BE HELD ON OCTOBER 14. 1999. Respectfully submitted, Approved by, Patrizia Materassi Fran Van Gelder Community and Economic Development Director Chairperson, Planning Commission 11-05-99:pp w:\planning\minutes\09-16-9g.min