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04/17/1990GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING APRIL 17, 1990 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 April 17, 1990 at 7:00 p.m. by Chairman Jerry Hawkinson. PRESENT: Jerry Hawkinson, Chairman Stanley Hargrave, Commissioner Herman Hilkey, Commissioner Ray Munson, Commissioner Fran Van Gelder, Commissioner David R. Sawyer, Community Development Director Maria C. Muett, Assistant Planner Maggie Barder, Secretary John Harper, City Attorney ABSENT: Dan Buchanan, Vice -Chairman Jim Sims, Commissioner PLEDGE: Ray Munson, Commissioner PLANNING COMMISSION WORKSHOP CONVENED AT 6:30 P.M. Information from staff to Planning Commissioners. Information from Planning Commissioners to staff. Discussion of League of California Cities Planning Commissioners Institute PLANNING COMMISSION WORKSHOP ADJOURNED AT 7:00 P.M. PLANNING COMMISSION MEETING CONVENED AT 7:00 P.M. PUBLIC PARTICIPATION: None. ITEM #1 PLANNING COMMISSION MEETING MINUTES - MARCH 20, 1990 MOTION PCM-90-31 PLANNING COMMISSION MEETING MINUTES - MARCH 20, 1990 MOTION VOTE PCM-90-31 Commissioner Van Gelder made the motion that the minutes of March 20, 1990 be approved. Commissioner Hargrave second. Motion carries. 4-0-3-0. Commissioners Buchanan, Hilkey and Sims absent. ITEM #2 SP-90-01; TTM-90-01; E-90-01 ROGER PETER PORTER DEVELOPMENT EAST SIDE GRAND TERRACE ROAD/SOUTH OF VIVIENDA AN APPLICATION FOR A SPECIFIC PLAN FOR A 19 UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT; AN APPLICATION FOR TENTATIVE TRACT MAP FOR A 19 UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT; AN APPLICATION FOR ENVIRONMENTAL REVIEW OF A 19 UNIT RESIDENTIAL PLANNED UNIT DEVELOPMENT The Community Development Director presented the staff report. Commissioner Hargrave asked for an explanation of a P.U.D. as well as its function as far as it relates to our city ordinances. The Community Development Director stated that a P.U.D. stands for planned unit development, which is usually a closed development which has a specific plan which is prepared for the document and allows you to design an independent cluster of homes and step back from the zoning a little bit and have some clustered in one area, other clustered in another area. He stated that often times a P.U.D. consists of multi -family units. He stated that RP it is not uncommon for a planned unit development to have 100 units, 50 of which would be single family homes, 25 of which would be in duplexes, and another 25 which would be in two or three multi -family units. He stated that there can be a mixture of different types of housing styles within a planned unit development. He stated that this particular one has only single family homes, and that the intent of this was to develop and put on the market and in our housing stock single family homes at a price that would be affordable to first-time home buyers. He stated that if this development was required to develop at the zoning per this, because it is R-2, the single family homes would be on 10,000 square foot lots, which is larger than our standard single family homes zoned in the rest of the City, and it would make the homes more expensive, and in an area that they wouldn't be attractive to pay that much money because they are surrounded by property which can develop as duplexes or triplexes. He stated that this was a compromise concept that would allow single family homes to go in, and yet not have the large lot requirements that are necessary. He stated that this particular project is built on R-2 property which is 9 units per acre, which would have allowed 19 units. He stated that they are building 17 units, so it is under the density. He stated that it breaks out to a 7.8 density rather than 9 units per acre. He said that this allows us to do that and also have a map so that people can own property individually. He stated that the people who move in will be buying the house, but not the land. He stated that they will be buying the structure, everything in it, and the ground underneath it, but only underneath the structure. He stated that the remainder of the ground would be common ground, as P.U.D. allows you to do that. He stated that this project is very much like a condominium project, except that instead of a building with 8 units in it, they've got a building with one unit in it. Commissioner Van Gelder stated that the curb and gutter and roadway is specified, and the rest of the street does not have a curb and gutter or street maintenance. She asked if there is anything that the City can do at the present time to cause that to happen. The Community Development Director asked if they were speaking of Grand Terrace Avenue, which Commissioner Van Gelder verified. He stated no, unless the City wants to go in and develop and put in the curb and gutter or if there are any properties on the street which have deferment agreements where they were allowed to build and sign the deferment agreement that yes, they would put in the streets, curbs and gutters at a time when the City would say it is necessary for them to go in. He said that these are the only two ways that the City can make that happen right now. Commissioner Van Gelder asked if there were any plans in the immediate future to do that. K The Community Development Director stated that there are not. Chairman Hawkinson called up the applicant. ROGER PETER PORTER 3837 EAST 7TH STREET LONG BEACH Mr. Porter stated that they have tried to bring a quality development to the City, and that they have had a team effort in striving to create a healthy and livable environment within this development. He stated they feel honored to be in the City and to present this project. He stated that he had the Project Architect, Sergio Estevez and Bozena Jaworski, one of their spokesmen and architect, and their marketing expert, Gary Oakes with him this evening, should they have any specific questions. Commissioner Munson asked if they had developed any other projects like this in the area recently, to which Mr. Porter responded in the negative. Commissioner Munson asked if this was a new concept as far as they were concerned or if they had seen it somewhere else. Mr. Porter stated that he had seen it many times. He said that he is a registered architect and has worked with many developers in the past that have done this type of development. Commissioner Munson asked if this was something they were going to see more of. Mr. Porter stated that he really doesn't know, but he thinks in this particular case there was an initial choice of putting in duplexes or triplexes as opposed to single family dwellings, but a single family dwelling has more pride of ownership and connotates a better development. Commissioner Munson asked what he would guesstimate one of these units to cost. Mr. Porter stated that the selling price would be approximately $140,000. Commissioner Hargrave asked how he and his staff felt about how the 32 inch culvert in the back of the property was going to function. Mr. Porter stated that the way he understands it after discussing it with one of the City officials is that the drainage from the adjacent property is coming 4 up against their wall and consequently, they are putting weep holes through that wall to accept the drainage into the culvert. He stated that they have a civil engineer that will engineer the slope of that culvert to drain the water out and it will be maintained through the homeowner's association. Commissioner Hargrave asked if this would be an open culvert, to which Mr. Porter responded in the affirmative. Commissioner Hargrave asked if this would pose safety problems, as the development lends itself to first-time families, and assuming there would be lots of kids here, an open culvert could be a safety problem. Mr. Porter stated that he understands the open culvert is simply a V-type construction, concrete trough, as opposed to any indentation of any depth, so it would be very similar to any concrete paving with the exception that it would have a slight slope to it. Commissioner Hargrave asked if there was a reason why the architect didn't propose to put the culvert on the other side of the fence line versus putting it in the backyard. Mr. Porter stated that as he recalls when they met with the City, it was determined by the City official to put it on their property as opposed to on the other side, which they agreed to. Commissioner Hargrave asked if the idea was that there was not enough room within the setback to transfer it to the other side, to which Mr. Porter responded in the affirmative. The Community Development Director stated that part of staff s recommendation was that the culvert be on the property owner's side of the wall as it is their maintenance problem. He stated that if it is on the other side of the wall, people tend to forget about it and expect the City to take care of it. Commissioner Hargrave stated that he has two children, aged 7 and 12, and there doesn't seem to be enough area, based upon his experience with his own children, for children to run around into a park -type of area. He stated there is a pool area, which is fine, but he didn't notice any significant amount of park -type of atmosphere for the children to be playing in. He stated that he surmised that most kids would then be playing in the streets, and the circulation element would give him some cause for children to be playing within this development in the streets. E Mr. Porter stated that each residence does have a yard area, like any type of development of subdivision, where you would have private, outdoor play - space. He stated that they are not opposed to providing some playground equipment, including a sliding board, gym, and so on. He stated that as far as providing more open, park space, it is just a matter of limited space. He agreed that this would be ideal, but in a development this small, it really puts a constraint to try and give up more open area. He stated that there is an attempt to provide a recreation building and pool, and with the homeowner's association, that would be very nicely maintained. Commissioner Hargrave asked how he would feel about taking Lot 5 out and putting in a park -type of atmosphere. Mr. Porter stated that they wouldn't want to do that. He stated that going into the economics of this, although he doesn't like to bring up numbers, when you get into developments now with the cost of construction going up and the cost of land, the developer is constantly put under a squeeze. He stated that they feel comfortable with this, but they would not want to drop their density. Chairman Hawkinson asked for any public comment. JAMES RAY 21969 VMENDA G.T. Mr. Ray asked what type of wall would be put in on the west side of the property. The Community Development Director stated that the requirement would be for a decorative, block wall, but the material of the wall is not decided upon at this time. He stated that it can be discussed at this time and decided upon. Mr. Ray stated that his problem is that the drainage from La Crosse, all the way from the comer, to Vivienda and across will make a lake if a block wall is put in on the west side of that property. He stated that there would have to be some kind of access to let the water go on through. The Community Development Director stated that the City Engineer and himself met with the applicant and talked about the drainage, which was one of the major concerns the engineer had regarding this project. He stated that there are ways to have the water pass through the walls, and could have openings at the base of the walls that are large enough to continue to accept that drainage. He stated that it is a requirement to continue to accept the drainage in the pattern that it comes in now. Z LYNN ROBERTS 21934 GRAND TERRACE ROAD G.T. Mr. Roberts asked about the drainage, as his property slopes down from Grand Terrace Road. He stated that this is the first he has seen anything of it and really doesn't know enough about it. Commissioner Hargrave stated that this is the process for working through this, and if anyone in the audience has any concerns, this is the time to get up to the microphone and voice their concerns. Mr. Roberts asked if the wall was going to be on the Grand Terrace Road side which is the west side of the property. The Community Development Director referred to the colored rendering and pointed out wall placement and its description. Commissioner Hargrave stated that the City Engineer has determined that this property, when developed, cannot change the direction of the water. He stated that if there was a material change in the direction of the water, then this would have a negative impact on the project, but the City Engineer, based upon the development standards, says that the flow of the water on that side of the street will follow its normal channel and can be handled in a normal manner without jeopardizing Mr. Roberts side of the street. Mr. Roberts stated that he wonders what would happen if it does. Commissioner Hargrave stated that then they would have a problem. Mr. Roberts asked if it would be his problem or theirs. Commissioner Hargrave stated that it would be both his problem and the City's, but development standards and the City Engineer states that this should not be a problem. Mr. Roberts stated that the general flow of the water would be toward his house according to the slope. Commissioner Hargrave stated that the street is above his house, and there is a natural drainage on both sides of the road. The Community Development Director stated that much of the drainage from the property developing to the south, which is the recreational vehicle park, 7 is going to be coming along their accessway out onto Grand Terrace Road, and there are street improvements being required of that development in order to handle that drainage, and this drainage will be in a combination of that. He stated that the developer of that project was here this evening also and would be willing to give any detailed comments on what the drainage and improvements actually are. He stated that the City Engineer has looked at it and determined that the improvements that are being put in the street to handle that drainage will handle the runoff produced by this project also. Mr. Roberts stated that once they pave the road for emergency access, there won't be any water soaking into the ground, and it will all hit Grand Terrace Road. Commissioner Hargrave stated that the development up on the map and the one he is alluding to, Mr. Keeney's, are required to put in curb and gutter to take that flow coming from their properties and put it into its normal drainage, so they aren't going to build the property and not take care of the drainage. Mr. Roberts stated that they have no curbs and gutters, so it is kind of a strange drainage problem anyway. Chairman Hawkinson requested Mr. Keeney come up and explain. BOB KEENEY 12139 MT. VERNON G.T. Mr. Keeney stated that, in conjunction with their project, they are coming out with the emergency road, and they are being required to take all of the water coming out of the R.V. park and put in a culvert down in front of the existing trailer park to a new drainage structure that will go under Grand Terrace Road between Lyle's place and the comer of Barton Road and Grand Terrace Road, and then it will go into the 48 inch line that goes underneath the industrial park. He stated that if there is a problem now, it should be better, as they are taking all of their water, and he knows they will be required to put their water into the same culvert on the east side of Grand Terrace Road, and they have to plan for a 100 year flood. Mr. Ray stated that he noticed there is quite a bit of landfill which came from the R.V. park and it is up against his fence, and the drainage is going to be a problem. He asked how much the property level will be raised. Mr. Keeney stated that they felt that they might need the dirt, and they were 12 taking it up onto Clark's property and spreading it out there, and if they don't need it there, they will transport it up onto Clark's property. He stated that if it is against Mr. Ray's fence, they will get it out of there. Chairman Hawkinson brought it back to Commission for action. Commissioner Munson asked the City Attorney if this was the appropriate time to ask for monies for traffic signals and stop signs to add to the fund that the City will need because of the increased traffic that this project will bring. The City Attorney stated that, in a sense, yes, except that the only way that the City is able to do that is pursuant to its existing ordinances, as it is not a condition that the Planning Commission has to consider, if they have an ordinance in place which requires the payment of a fee or contribution to potential signalization or other type of district, then that is taken care of as part of the standard conditions. He stated that it is not within the perimeter of the Planning Commission to require it or not require it. Commissioner Munson stated that the monies for the apartments started here. The Community Development Director stated that the Planning Commission made the recommendation and gave it the Council and the Council did it. He stated that the Planning Commission made it as a condition of approval to go to the Council for their consideration. Commission Munson stated that he remembers that the City would go in and curb and gutter a particular road, then back -charge the property owner on a ten year plan on taxes to pay for the improvement. The City Attorney stated that this is the formation of an assessment district which requires a number of other things including, under most circumstances, the approval of at least 60% of the affected property owners. He stated that it is often a condition of a larger development, and actually a request of the developer more often than not that an assessment district be formed in order to fund public improvements because it allows the developer to finance over ten years at a different interest rate those improvements. He stated that if they are talking about signalization, there is the potential in the law to form a district to effect signalization under some circumstances; the City has the ability through ordinance to adopt a fee based upon certain findings, which is more normally what cities do, as it is pretty hard to form an assessment district based on one 17 or 19 project. He stated that, as indicated by Commissioner Hargrave's earlier speech, a City can require that a developer pay the cost of what he is causing, but not pay to remedy past situations that were a result of prior property development. He stated that a City can 9 require that a developer pay a fee related to signalization, but this city does not apparently require this as a matter of course. He stated that there would be a very limited number of circumstances where they could do it simply as a condition of approval. He stated that if it were internal to a project, they could require the installation of a signal, because all of the traffic would be affected by the project. Commissioner Munson stated that if they didn't have the increased people, they wouldn't need the signalization and the traffic stops. He stated that he feels that the people that are building today are causing their problems and therefore, they should pay for it, and until the City starts hitting the developer in their fees for monies for this, he feels it is only right that they tag each development as it comes through for additional monies to be put into a traffic fund. The City Attorney stated that this is, as a general matter, okay, it is just that the way of doing that is by adopting the fee by ordinance. MOTION PCM-90-32 SP-90-01, TTM-90-01, E-90-01 Commissioner Munson made the recommendation that it be added as a condition that after due thought and study, this project be taxed for signalization or stop signs. Commissioner Hargrave second for discussion purposes. Commissioner Hargrave asked if they could present this as a suggestion to Council to review the traffic coming out of this project for this general area and to decide on mitigating measures based upon their findings or the City Engineer's findings, as this would give them a broader view of this problem. He stated that he knows he is going for signalization down on Grand Terrace Road and Barton Road, but what if the traffic just goes over to Vivienda, down to La Crosse and out that way. Commissioner Munson stated that he feels the City, because of growth, is going to require more signalization. He stated that he doesn't think it is proper that the current residents pay for it, and until the ordinance is in place so that the developers pay, he feels they should catch each one as they go through. Commissioner Hargrave stated that he agreed with this, but he was trying to see if Commissioner Munson would expand his motion to be a little broader so they can look at the whole area with regard to this project. O 10 Commissioner Munson stated that if they don't tag the developer now, he will sneak through. Commission Hargrave stated that they were in the Tentative Tract Map hearing, so certainly it is a suggestion they could put on approval of the Tentative Tract Map. Commission Munson stated asked if the City Attorney or Community Development Director had any suggestions. The City Attorney stated that he was not sure if it would solve the problem with this development, but he thinks what he is suggesting is well advised for the City Council to consider. He stated that is more than just simply saying they are going to charge $5 per house, as engineering staff is going to have to do a study of the cost of the signal and look at what the benefit area is for the signal, and based upon that cost, do some calculations as to what an appropriate fee might be. He stated that probably getting going on it now based upon a recommendation from the Planning Commission is a good idea, but in order for a city to adopt any fee, it has to reasonably related to the services being provided, and the only way of doing that is by doing a comprehensive study to show what costs are, and what, in general, the benefit to those in the affected area might be. He stated that the best they can do tonight is suggest whether it is a condition of this project or not and the Community Development Director can pass the word up to the City Council as a formal action from the Planning Commission that they think, since the City does not presently have any vehicle for getting a fee which will result in signalization in the future, that this is something to be immediately explored and that a fee ordinance be developed. Commissioner Hargrave asked if this was going to be a condition or a suggestion. Commissioner Munson stated that it was a condition because he does not think the City will act fast enough on this particular project and they won't get any of their money. The City Attorney stated that they could require as a condition of this project that, if in the event there is a future signalization or assessment district formed, this project participate in it. Commissioner Munson asked if this assessment director would only affect new development and not the current residents. The City Attorney stated he couldn't answer that, as it is an assessment 11 engineering question. He stated that if you have 100 residents there now, and 101st means they need a signal, should that 101st be the only one that pays for it? Commissioner Munson stated that they aren't after the single homeowner, but rather the projects, and that he thinks a lot of projects have gone through when they should have asked for more money. Commissioner Munson stated that basically, the recommendation is that the Planning Director and appropriate others make a study to determine what feasible costs might be incurred in either traffic lights or signals or signs and that this particular development pay their appropriate fee. Commissioner Hargrave asked, based upon that motion, would this not, in essence, stop the Tentative Tract Approval until some finding was made to justify the fee. The City Attorney stated that all Tentative Maps go to the Council, and he presumes that this would be a subject of some discussion at the Council Meeting. He stated that he doesn't know he can suggest that they adopt unenforceable conditions of approval. He stated that it would be a condition that would have to be addressed by the developer one way or another prior to obtaining the final map. He stated that the enforcement problem can be difficult, which is one of the reasons why he suggested that the condition be if, in the event that there be a district formed in the future, the project participate. He stated that since this is a P.U.D., there will be a requirement that there be CC&R's developed, and that could be reflected in the CC&R's, and as a consequence, every new homeowner is aware of the potential of that occurring. He stated that a City would prefer to have the developer pay up- front fees rather than having a to -be -determined fee in the future potentially paid by the future homeowner, but it comes out of the homeowner's pocket one way or the other, whether they see it or not. Commissioner Munson stated that they did it before. He stated that all the major apartment projects paid. The Community Development Director stated that what the City Attorney is talking about doing for this area was done for that area, the Mt. Vernon/Barton Road area. He stated that the City Engineer's Department did do a study and did determine how many traffic lights would be required and what the cost would be and noted certain properties which would be generating the need for those developments and those particular properties were assessed accordingly on a per unit basis. He stated that this was a closed -area project. He stated that this is out of that area, just as the 23 unit 12 MOTION VOTE PCM-90-32 apartment project was out of that area. He said that what they had talked about at that time was that from looking at that property, the Council basically came to the decision that the property probably should have been in that area because the traffic generated from that really was going to be going out Vivienda and down Canal to the intersection, where one of the lights was to be. He said that based on that, they made the suggestion that the City Council consider including that property in that manner, and the project proponent didn't have any problems with that, so it was never really challenged. He stated that this is even further removed from that area, which should very likely have its own study. He stated that he doesn't know if the engineer would want to put a second intersection light as close to that going in for the off -ramp. He stated that perhaps they won't want a light there, but they haven't looked at that yet. He stated that if they need that, they should get these people to pay for it when they come through, but unfortunately, this development is stepping in before this has been done. He stated that one thing they can do is make a recommendation to the Council that they do that. He stated they can make it a condition of this project that the study be done to determine if there is a negative impact on the traffic, and that this be required as a mitigation measure. He stated that they didn't feel it would be significant, so they didn't include that at staff level in the environmental review as a condition. He stated that if they feel that it is important enough to do that, they can make it a mitigation measure of this project. Commissioner Hargrave stated that if they go the Negative Declaration, Item 13, which states, "Will the proposal result in generation of substantial, additional vehicular traffic?" and the answer is "no", if the body so chooses to make this a "yes", then they would have to mitigate the "no" answer on the Environmental Impact, and that would be the catch-all that would make this thing come up with some reasonable plan. Commissioner Munson stated that basically, an ordinance should be prepared so that they don't have to do this at each project. He stated that he is prepared to vote. Motion fails. 2-3-2-0. Commissioners Van Gelder and Munson voting yes. Commissioners Buchanan and Sims absent. Commissioner Van Gelder stated that she agrees with Commissioner Hargrave's comment about omitting #5, as it appears that this would be a beautiful place for park area. She stated that she doesn't think that asking for O 13 an omission of one out of nineteen units is asking too much. She stated that the other concern she has is with the front elevation of most of these. She stated that for a long time, they were receiving prints with basically a block house with no design at all, and that was certainly not desirable, but that these units have gone too much overboard. She stated that with colors, for instance, there are warm and cool colors; the cool colors make one very serene and calm whereas warm colors are very energetic and moving. She stated that the same thing holds true with the elevations of houses, and if you see a house with a small amount of design, this is more peaceful and serene, but it appears to her that there are squares, circles, half -circles, rectangles, and all of this in addition to the particular style of roofing that is used. She stated that she would like to keep enough of it to make it attractive, but it is just not relaxing; that there is no focal point because the whole thing is a focal point. She stated that she would like to see a little bit of that "gingerbread" removed. Commissioner Hargrave stated that he would like more discussion with the developer on how to work in more area for the children to play in. He stated that this is a give and take process here, and the project will be here longer than he will be alive, and this is what they need to plan for. He stated that this P.U.D. lends itself to a family type of atmosphere, but they need more forethought as to the play area, as there is no reasonably close park area on this side of town for children to go to, which is unfortunate. He stated that they need some type of measure to allow children to stay within this development and stay off of the street as much as possible. He said that he is not so much concerned with having a swing -set or jungle gym, but rather open area for children to be able to play in. He stated that he picked Lot 5 because it was closest to the pool area, but he is not stuck on Lot 5. He stated that this is his big hang-up with the project. He said that he would also like more discussion on the out -take area, which he assumes are guest parking areas. He asked if their were five guest parking lots and what the requirements are. The Community Development Director stated that there wouldn't be any requirement since it is not a multi -family development. He stated that under R-2, they'd be looking at one guest parking space per every five units, so they would meet the R-2 requirements, but technically, there are no requirements. Commissioner Hargrave stated that the P.U.D. allows them to do more creative planning, and this is the reason they have a P.U.D. He stated that maybe there is a little give and take with the three parking spaces, and they can do a little work to come up with a reasonable approach to the open-air situation. 14 The Community Development Director stated that staff looked at the concept, and they felt the recreational facilities were adequate partly because they are not so sold on the fact that it is a young family development; staff kind of leaned the other way, that it is more for a husband and wife who both worked and wanted their own single family home and don't have kids but want to get into the housing market. He stated that if he had kids, he would not buy in this development, as it does not have space for the kids. Commissioner Hargrave stated that he thought the same of the condominium project behind Town and Country. The Community Development Director stated that this is different as those are rental units and these are for people buying their homes. Commissioner Hargrave stated that he may be wrong about a lot of kids in there, but certainly 1/4 of the population will be families, just from the sheer price of the homes, which is a good entry level for families to get into. He stated that he doesn't think they are being creative enough with the P.U.D. concept; when they allow a little bit more open air, it does well for the project, and they can afford to upscale its price a little to pay for that. He stated that all the studies that he sees and are informed about by other agencies show that the more quality you put into the development, the more the people are willing to pay for it. He stated that the developer can get back their cost on this, but he understands they are taking some risk. The Community Development Director stated that there are good points in order to justify both sides; if the price is low, the family can afford to buy it. He stated that staff certainly wouldn't argue against more recreational space, but they simply felt what was available would be adequate for the type of project they foresee. Commissioner Hargrave asked if they could have some discussion from Mr. Porter or his architect about the dimensions of the pool area. Mr. Porter stated that as developers, they don't know all the answers, and that the exchange of ideas is constructive for all. He stated that they certainly want to have a development that will provide a healthy environment, and that the first idea that comes to mind is to eliminate the swimming pool, as it would reduce homeowner's fees, there are always liabilities, and it adds more atmosphere than actual use. He stated that if they eliminated the pool and did a little study in that area with the equipment he spoke of that would offer more physical exercise, perhaps a sand area and so on, he thinks maybe they can accomplish what they are after. 15 E* Commissioner Hargrave stated that he is not a big pool fan, so he would tend to agree as far as eliminating the pool, but there is some aesthetic value to that and certainly for the adult purchaser, this is a desirable type of aesthetic asset to have. Mr. Porter stated that they could provide the large spa, and as a matter of fact there are many developments going in now that do not have the pools. Commissioner Van Gelder asked what plans they had for security or lifeguards for the pool. Mr. Porter stated that the safety of the pool is a concern of the local health department, and they have to post the local signage, it has to be fenced, the fence has to comply with all of their requirements, there has to be safety equipment available, and so they meet the governing codes in all respects, but to have an individual there, no, they did not plan that. Commissioner Van Gelder asked what the height requirement was on the fence. Mr. Porter stated that the height of the pool fence is six feet and the pickets have to be six inches on center, and the locking device on the gate has to be out of the reach of small children. He stated that all of these safety features are built in. Commissioner Hargrave stated that according to Commissioner Munson, if they took out Lot 5, it would add $7,000 to the sales price in order to recapture their money back, so they would be selling for $147,000 as opposed to $140,000. GARY OAKES ROGER PETER PORTER DEVELOPMENT Mr. Oakes stated that as far as the pricing, he doesn't see why there would be any impact at all on the price. Commissioner Hargrave stated that he is just trying to approach it from the developer's viewpoint, that if they have one less lot to develop on, then they have taken away $140,000 in sales price. Mr. Oakes stated that the problem is convincing the buyer to pay that money because they lost the one unit. Commissioner Hargrave stated that they would never know that, and asked 16 how many buyers come in and ask to see the cost sheet. BOZENA JAWORSKI ROGER PETER PORTER DEVELOPMENT Ms. Jaworski stated that recently, there has been a big problem with the public parks, as the insurance is going up because of the liability of unsupervised children and potential accidents. She stated that the more open space they provide and the more equipment they provide, the insurance cost has to be carried through the budget for the homeowner's association, so the people that will be living there would be liable for what is happening in this development. She stated that they have to be in control of the situation, and even having a 15 year old teenager, she feels even this open space would not be satisfactory, as he wants a baseball field, biking path, and a lot of space, and there is no way a 19 unit development is going to provide open space for a 15 year old boy. Commissioner Hargrave stated that he would agree with that. Mr. Porter stated that by eliminating the pool, they come up with 100 feet in length. He said that if the road is included in the play area, they would have 100' by 65'. He stated that the emergency road could be used in the play area and yet serve as an emergency surface. He stated that one of doing this would be by using turf -block, which is a concrete block which is perforated and lets certain grasses grow through it, so they would provide more open area that way, and probably a much larger area than from eliminating one of the houses. He stated that it is difficult to conceive all of this, but he thinks the area is there. He stated that they rely on Jay Molder, a landscape architect, and he thinks if they could do a study to see how that area might actually be utilized for a play area, it might be more meaningful than just trying to assume this, if possible. Commissioner Hargrave stated that the likes this suggestion as it is difficult on the spur of the moment, and if he and the rest of the Commission would agree, Mr. Porter and the Community Development Director could work on this and come back if they could get a continuance motion. Chairman Hawkinson asked if a two week delay would be injurious to this project. Mr. Porter stated this would be fine. Commissioner Van Gelder asked if the Community Development Director saw a problem with counting part of the emergency road as part of the park 17 area. The Community Development Director stated that this would depend upon what is proposed for it and if the Fire Department would approve it. He stated that they have had mixed emotions in the past regarding turf block, so perhaps they could get fire department comments within the next two weeks. Commissioner Van Gelder asked if any of the other Commissioners had a problem with the elevations. Commissioner Hargrave asked what they were, as he couldn't tell from the map. He stated that he would like to hear her thoughts about it. Commissioner Van Gelder said that you see squares, rectangles, half -circles, full circles plus all of the goodies on the roof, and there isn't one focal point - the whole thing is a focal point. She stated that she has a problem with that, and she feels the whole thing is unattractive. Commissioner Hargrave asked if she would rather each structure have its own focal point as opposed to the whole project blending together. Chairman Hawkinson stated that he thinks she would like to see it simplified. Commissioner Van Gelder stated that she would like to see one focal point, but tone it down for the rest of the building. Commissioner Hargrave asked what she suggests they do not have on the houses to be bring it into conformity with what she wants. Commissioner Van Gelder referred to the colored elevations, stating that on these particular renditions, it is not as distinctive as those in the packet. She stated that she possibly remembered seeing a particular type of garage door on every one. She stated that one elevation not only had squares and rectangles, but also the half -circle. She continued to point out particular areas which caused her concern. She stated that there is no focal point. Commissioner Hargrave stated that this is a Site and Architectural matter, and they are in the Tentative Tract discussion at this point. The Community Development Director stated that they are discussing the Specific Plan, and Site and Architectural is all wrapped up into that. Mr. Porter stated that many architects cannot agree themselves on what it good or bad design; it is a matter of individual taste. He stated that in this 18 case, they have to design for a market that is going to buy, and if he was designing this for someone else, it would be an entirely different elevation, but Mr. Oakes does a detailed study on many projects that are successful and what sells, and they find that by introducing many shapes and cut-up roof lines, it provides a more exciting design. He stated that they are looking at a flat drawing without the shades, shadows and landscaping to soften it, and consequently he can see the concern. He pointed out that the color board is probably more important than the elevations, or at least equally important. He stated that they used a lady by the name of Marian Tate, and all she does is coordinate exterior colors, and they went through a long session of what colors they were going to use on this. He stated that if they look at the colors on the renderings, they are much more vibrant and vivid as opposed to the color board, which is more subtle. He stated that they would like to leave their elevations as is. Commissioner Van Gelder asked for matching of elevations and color board. Ms. Jaworski explained this while referring to the color board. Mr. Porter stated that their roof lines lead to better interior spaces, as everybody is now playing with volumes in rooms, and this is another reason they like to get the various roof lines. Commissioner Hargrave asked if they found out where the door was on the rendering on the left side. Mr. Porter stated that he would have Mr. Estevez explain where the door is, as it is an indirect entry. SERGIO ESTEVEZ ROGER PETER PORTER Mr. Estevez referred to the elevation and pointed out the door on the side elevation. Commissioner Hargrave stated that, based on the previous discussion, he would like to make a motion to continue the item. The City Attorney stated that they need to reopen the public hearing, as presumably they will have public comment from both the applicant and audience members. 19 MOTION PCM-90-33 SP-90-01, TTM-90-01, E-90-01 Commissioner Hargrave made the motion to continue with the public hearing for the next regularly scheduled Planning Commission Meeting. Commissioner Van Gelder second. Commissioner Hilkey stated that he thought it was important to get all of the comments out now. He stated that he has a problem with some things and would like to have them change it before they bring it back in two weeks. Chairman Hawkinson stated that he has no problem with that, but he could also bring up his concerns in two weeks. Commissioner Hilkey stated that he would like them to change it before the two weeks. He stated that on the elevations they looked at, they were kind of mixed and confusions, and once colored, they look quite a bit different. Regarding the swimming pool, he stated this is quite a liability. He stated that he saw a similar situation in Las Vegas, where they had a spa and a very shallow wading pool, which provided the cosmetics of a nice pool but has a low liability problem. He stated that the guest parking concerns him a great deal as he thinks it will become a place for the extra car to be parked or the motor home to be parked, and no one would have any responsibility for the visitor parking, unless it is required. He stated that the three parking spaces next to Unit 5 would give them a lot more green area. Regarding the turf block, he stated that the San Bernardino County Fire Department doesn't have any problem with that and have approved it in other situations. He stated that it looks like an extra parking place or a turnout in between Lot 1 and 5, and feels this is too tempting of a parking place. The Community Development Director stated that they would need road surfacing material to be in the area required for the vehicle access to the homes back there, and any other, you could radius the curve the opposite way and pick up the turf block in that manner. Commissioner Hilkey asked, on house #5, if it would be advisable to include the side of the house with the wood house to give it more privacy or give the pool privacy from house #5. He stated that he noticed they all had the backyard fenced in, but house #5 seems to share the public area. He stated that one thing they have done in Grand Terrace is ask for an upgrade in the side elevations that are on comer lots, and they don't have that problem too much in this development because they have Plan B on all the corner Lots 1, 4, 6 and 7, but in the past they have left that up to the Director of Planning. 20 MOTION VOTE PCM-90-33 He stated that he noticed that in the landscaping engineer's plans and the tentative map that the jacuzzi and pool orientation was different, and he would like to know which orientation plan was going to be used, but if they changed the pool, they would see that again in two weeks. He stated that he wanted the staff's opinion on the style of gutter, which is a middle -of -the - street gutter. The Community Development Director stated that they don't have any opinion one way or another, and in this type of small, private, enclosed development, it won't have the wear and tear of a public street, and it will be the responsibility of the homeowner's association to maintain the property, so if that is what the proponent would prefer, then this is fine, as it has been approved by the City Engineer as far as drainage is concerned. He stated that there will be no parking along those curbs. Commissioner Hilkey asked if the front gates would be locked. Mr. Porter stated that there will be a security gate. Commissioner Hargrave asked if they would see the CC&R's prior to approval of this. The Community Development Director stated that this was not intended, but they can make this a condition. Commissioner Hargrave stated that he would like to see them. He asked if they were made up. Mr. Porter stated that they haven't gotten into any CC&R's yet because they don't really know if they have a project. Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. Chairman Hawkinson stated that he assumed Mr. Porter would have some discussion with the Community Development Department on this issues.. Mr. Porter stated that he appreciates the input and understands the main concern is recreation. He stated that they will work with staff and return in two weeks. 21 Chairman Hawkinson declared a ten minute recess. ITEM #3 CUP-89-07 JAMES A. BLAISDELL 22400 BARTON ROAD, #18 G.T. AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AN "ASSEMBLY ROOM". The Community Development Director presented the staff report. Commissioner Van Gelder asked if anything was included from the section designated A in the calculations of parking, to which the Community Development Director responded in the negative. Commissioner Van Gelder asked if the number of square feet is reduced to 750, how many persons would they be talking about that would attend any given meeting. The Community Development Director stated that the applicant would have to answer that, but staff is looking at 50 people as a maximum occupancy. Chairman Hawkinson called up the applicant. GABRIEL ADAME LARRY VESELEY ARCHITECT Mr. Adame stated that they would like to comply with Condition B with one modification, being the retaining of 1,200 square feet of assembly room area, and the 15 spaces of shared parking in Area D. He stated that he understands they cannot do this under Item C under the times located here, but they would like to propose that another study be conducted for weekend or evening use, since the study conducted by staff did not include any parking established after dusk. Commissioner Hargrave asked how many more spaces his client was looking for based upon that scenario, or what is the objective. Mr. Adame stated that the objective is to get the maximum amount of occupancy; to increase it from 50. Commissioner Hargrave asked what he was proposing for maximum occupancy. 22 Mr. Adame stated that with 15 extra spaces under Item D, they calculate that they can get from 50 to 80 people maximum occupancy in the assembly area at a 1,200 square foot room size. Commissioner Hargrave stated, assuming that this works out, how would he propose that they coordinate this with the operating hours as proposed by the staff. Mr. Adame stated that the only thing that would change with the operating hours would be the maximum occupancy at the time of Saturday and Sunday and also during the evenings from 6:00 p.m. to 12:00 a.m. Commissioner Hargrave asked how they would control the following scenario: Assuming there was an event scheduled for 8:00 a.m., which would be for 75 people, thereby parking would be needed out or Area D. Mr. Adame stated that they are not proposing to change the morning hours or afternoon hours - just the evening hours. He stated that they would retain the maximum occupancy of 50 during the morning and afternoon hours. Commissioner Hargrave stated then, that evenings, Saturdays and Sundays would go to 75, which Mr. Adame verified. OChairman Hawkinson asked if anyone in the audience would like to speak, then brought it back to Commission for action. Commissioner Hargrave asked for the Community Development Director's comments. The Community Development Director stated that if the applicant's suggestion is to limit the number of attendees to an event to 50, which would represent the parking spaces that Area B and C can handle during weekday, working hours, and allow the development of the area in the building to be 1,200 square feet and only utilized to its fullest when the shared parking would be available in the adjacent Area D, then in order to do this, the applicant would have to show a parking study that would indicate that this would not be a hindrance to the existing and potential tenants in Area D. He stated that this would settle the parking issue if that works out, but staff still feels that the number of people that would be generated from the 1,200 square foot space would be a potential conflict with the residential units only 75 feet away with no barriers at all between them. He stated that they felt this was an issue from the very beginning and feel it is still an issue. Mr. Adame stated that the barriers would be the fact that nothing would be 23 conducted outdoors, but rather on the interior. The Community Development Director stated that this is a good point, but his concern is the people that will not want to park in Area D and walk to the building, and would rather park along Britton Way or in some way adjacent to the parking areas of the apartment building. He stated that he is speaking not only of activities, but of after -hour activities. He said that one thing that hasn't been clarified is the type of use that they will be looking at in this assembly room. He asked if they would be talking about weddings, as this was one of the things staff had a problem with, and not weddings per se, but the celebrations that go along with them that close to a residential use. He stated that if this is a use that is not willing to cater to weddings or uses where alcohol or other things will be served late in the evening, that might lessen some of the concern regarding the proximity of the residential uses. Chairman Hawkinson stated that it sounds like the project ought to be continued until some of these other issues are resolved. Mr. Adame stated that they understand that at the last board meeting, a petition was submitted and presented to the board, which indicated signatures from the residences to the north of this property. He stated that the apartment complex does not currently have a meeting or assembly room of any type, and they would be much in favor of having something like this in close proximity for their assembly uses, whether they be for recreational or administrative uses. Chairman Hawkinson stated that he was not aware of such a petition. The Community Development Director stated that there was a petition submitted to the City Clerk at the time of the City Council Meeting, and it did contain signatures of residents of the apartment project, stating that they were in favor of the proposed project. Chairman Hawkinson stated there has been no presentation to this body yet. Commissioner Van Gelder stated that she assumes that at least part of the time, the people who will be coming to use this facility will not be familiar with a location, and it is not the easiest place to find if you are not familiar with the complex, and she believes that people being as lazy as they are, they are going to pick the first spot they come to for parking, and if they happen to come in on Britton Way, they are going to park in the area designated as A. She asked how they are supposed to know that they are not supposed to park there. She stated she is also concerned about #8, 9 and 10 on the recommendations, as they've been through this before with the other facility 24 in Grand Terrace. She asked the Community Development Director how he proposed to control these items, being the use of the alcohol and people being given a notice and they have to sign it. She stated that it doesn't mean anything - you can't enforce it. The Community Development Director stated that they can enforce it if it becomes a problem, and unfortunately they often times have to wait until it becomes a significant problem in order to spend the man hours to go out and deal with it, particularly in these types of hours they are talking about. He stated that Item A is certainly a self-imposed regulation; Item 10 is a self- imposed regulation until it becomes a problem, as is #9. He stated that he thinks all three of these reflects on the quality of the applicant, and whether or not they are willing to live by their word, and they cannot judge that ahead of time. Commissioner Van Gelder stated that there is no way they can be assured of that ahead of time. The Community Development Director stated that this is correct, so if it does become a problem in the future, they can deal with it, particularly on an annual CUP basis. He stated that if it becomes a health and safety factor, they would address it immediately; if it was one little incident after another that individually don't amount to much, then they are not going to throw a block wall in front of them in order to stop them, but when it does come up for review, they would certainly make note of those incidences to the Planning Commission for their review. He stated that a lot of it depends upon the severity of the violation and whether or not they think they are going to get away with something immediately or if they will answer for it after being in business for a year. Commissioner Hargrave asked if Britton Way allows parking, to which the Community Development Director responded in the negative. Commissioner Hargrave stated that people park on Britton Way, and he thought in the conditions, they said there would be no parking on Britton Way, but every time he has been there, there is plenty of parking. The Community Development Director stated that Britton Way is a private road. Commissioner Hargrave stated that there are semi -trucks that park there now, and obviously live in that residence, and they park on both sides, and there is barely enough room for a car to get through once they park on both sides, so the private roadway issue is something that is out of the City's control. 25 Commissioner Hilkey stated that the applicant has Parking Lot C, and there are 43 spaces, and his the Community Development Director's has 30. He asked if there orientation is totally unacceptable. The Community Development Director stated that it is within the parking code, but the problem with their design is that the stalls are 16 feet in depth rather than 19 feet in depth, which is necessary in order to get the two double bays that they have in there. He stated that unfortunately, there is just not enough land in order to get the appropriate dimensions for a parking lot within the code. Commissioner Hilkey stated that he thinks the City needs something like this, but the parking is a real problem, and until they mitigate the problem, it is going to fall back on the apartments to absorb the extra parking. He asked if it was possible to install gates on the edge of the property, so that the people coming off of Barton Road can't get back into the apartments, which would force them to park in the D section. The Community Development Director stated that they would still have pedestrian access in there, and they would have to fence off the whole building in essence, or at least pedestrian access to it. Commissioner Hilkey stated that then they are talking about crowd control, as it is not laid out for use on a regular basis, as they are talking about weekends and evenings. He stated that there is simply not enough parking. The Community Development Director stated that as far as gating it off, they would have to have the crash gates for fire access and all of that, and he thinks they may be breaking new ground doing that in a commercial development. Commissioner Hilkey asked, with existing parking, what the largest square footage and number of people is that they could accommodate. The Community Development Director stated, with his recommendation, 750 square feet, without shared parking and with Area C. He stated that Area B has 32 spaces in it, and the square footage in Suite 200, which takes up the entire building in the back, requires under the current parking code for office space or retail space 1 space for every 200 square feet of area. He stated that this building requires 32 parking spaces, so if that building was to rent out for an office space or retail space, anything that goes under the 1 per 200 parking requirement, they would not have to provide additional parking. He stated that they need the additional parking because of the assembly room. He stated that if they were to do that whole building with office space they would 26 be fine, and if they were to do any use that would require a Conditional Use Permit or for any reason need Site and Architectural Review, staff would recommend that the parking areas involved with that be brought up to the parking code requirements, which would basically be just improving the landscaping and restriping it differently than what it is. He stated that this would be a minor change that wouldn't affect the use of the building; it is when they increase the parking need that they have the problem, and this is what the assembly room does. Commissioner Hilkey asked how many people 750 square feet would accommodate. The Community Development Director stated that with Area B and C, this would accommodate 50 people. Commissioner Hilkey stated that it was then up to the applicant if they wanted to proceed that way. The Community Development Director stated that the applicant has indicated that they would like to have the 1,200 square foot room and try to get the shared parking in Area D for at least the off hours, and they would only use the 1,200 square foot space for 50 people, even though it would generate maybe 30 more people. Commissioner Munson asked if he heard that the applicant wished to continue this for two weeks so he could study D. Mr. Adame stated that they would rather not continue this for two weeks. He stated that under personal testimony, and also from testimony from other proprietors in the complex, there are no more than a dozen cars in the parking lot on the weekend at any given time, and they are assured that any study that would be conducted would indicate this. Chairman Hawkinson stated that personal testimony is not doing this body any good because they would need this substantiated. Mr. Adame stated that he is explaining how this would be substantiated. The Community Development Director stated that staff has made a during the week study, and they feel that the area cannot handle. He stated that they are suggesting another study be done, which would have to be done under the shared parking requirements anyway. Chairman Hawkinson asked who would do the study and who would pay for 27 MOTION PCM-90-34 CUP-89-07 it. The Community Development Director stated that is up to them. He stated that the parking code requires that the applicant put together the study and show that it will work. He stated that if they would like to direct staff to conduct its own study, they will do that, but either way, staff has worked with this project many hours now, and he would prefer that any final decision regarding whether or not the area in parking lot D can be shared or not be brought back to them, as they have made their recommendations. Chairman Hawkinson stated that they have gone a step beyond in coming up with some proposals that would make it work, but it just looks to him like they are trying to put a square peg in a round hole, it's just not there with the parking. Commissioner Munson made the motion, based on staffs recommendation and that the applicant does not desire to continue this, that the project be denied. Commissioner Hargrave second for discussion. Commissioner Hilkey stated that he would like to give them an option that makes sense under the calculations that staff has come up with, and if they don't like it then they can appeal it. Commissioner Munson stated that staff has given them the option, but they don't particularly want that option. Mr. Adame stated that they will consider taking Option C if the board is leaning toward denial of this case. Chairman Hawkinson stated that he would have to refrain from discussion as there is a motion before them. JAMES BLAISDELL 22400 BARTON ROAD G.T. Mr. Blaisdell stated that he is the applicant. Chairman Hawkinson stated that he should have come up at the time they asked if there was any input. Mr. Blaisdell stated that he is trying to address questions that are being asked now. The Community Development Director stated that at this point of the meeting, after the Planning Commission has closed the public hearing, it is for discussion by the Planning Commission. He stated that if they want to open it up and ask any questions, they can do that again, but that would be up to the Planning Chairman. Commissioner Hargrave asked if he would allow Mr. Blaisdell to make his comments if he so deem this to be acceptable. Chairman Hawkinson accepted this. Mr. Blaisdell stated that he would like to address the parking situation on weekends. He stated that he runs a business himself at 22400 Barton Road, and he is there seven days a week and is open seven days a week from 6:30 a.m. to normally 10:00 p.m. He stated that on weekends, if there are 12 to 14 cars in the whole parking lot on a Saturday, it is very, very rare. He stated that on Sundays, if there are more than three cars in the parking lot, it is rare. He stated that the only cars there on Sundays are from people coming to his own place of business which is may four on hour on an average. He stated C that on Saturdays, there are maybe 20 to 25 cars occasionally at Gina's, but it starts drifting off by 3:00 to 4:00 p.m., and in the evening time, it is basically empty. He stated that he was more than happy to go along with the suggestions of the Planning Director as far as the 50 people on Monday through Friday, and that all he is asking is for the 75 to 80 people on the weekends. He stated that as far as parking goes in Area C, it could be fenced off and used as valet parking, where he could double the number of cars that go into Area C. He stated that he feels the parking is there if people are willing to let him do it. The Community Development Director stated that the parking code doesn't provide for valet parking, and if the area is to be used for parking, staff would recommend that it be developed in accordance with the parking code and the Barton Road Specific Plan parking requirements. He stated that staff would be opposed to valet parking without some real justification that it would work. He stated that part of the problem is that they are approving parking improvements that are going to be there, and they are trying to look forward, and this is why the reciprocal parking is up there and why the landscaping is going to be required. He stated that when La Tijera sells that property or develops it, that parking back there will be incorporated with their project. He stated that it could be all torn out completely and done completely differently, but more than likely it will be incorporated into that project, and i 29 this is why they have the access across the top of it to have access from both properties on each side. He stated that the landscaping areas meet the parking code requirements, and valet parking could work on a temporary basis, but there is no provision for it in the parking code. Commissioner Hilkey stated that on the map there are two entrances into Parking Lot C. He asked if they could eliminate the driveway along the top and put gates up there. The Community Development Director stated that they could eliminate the access up there at this time and work something along that line. He stated that in closing off any of those access points, they would have to run it by the fire department to make sure they don't have any problems with it from fire - access point of view. He stated that with the access points that they have, he doesn't feel the fire department would have any concerns at all, as it has plenty of access. He stated that the access point onto Britton Way is really thinking of the future in servicing that as an independent drive access for people that would be turning into whatever development would be from La Tijera. He stated that they wouldn't want more than the one space in order to keep the driveway spaces apart. He stated that the fewer driveways, the better as far as they are concerned. Commissioner Hilkey stated that there are three alternatives, A is theirs, B is 1,200 square feet and C is 750 square feet. He asked if both are acceptable to staff. The Community Development Director said no, that they feel B is still large enough to create potential problems with the apartments. He stated that they are more than willing to look at another parking study, and if a study would show that the parking spaces are available in Area D on a limited time basis, and the use of that area is restricted to that limited time area, then staff would be satisfied with the parking issue. He stated that this is very difficult to enforce, but it would just become an enforcement issue. He stated that staff still feels that this is quite an intense use that close to the apartment units. Commissioner Hilkey asked if staff felt comfortable with the 750 square foot room. The Community Development Director stated yes, as it reduces the size of the assembly room enough to where the number of people attending the use will have adequate problem and it will not be substantial enough to cause any real, potential problems with the residential units. 30 Commissioner Hilkey asked if this would be roughly 50 participants. The Community Development Director stated that it would be 59 parking spaces limited to 50 people. Commissioner Hilkey asked if he would be receptive to opening up the 1,200 square feet on weekends or evenings. The Community Development Director stated that staff still feels there is a potential problem with the residential units being as close as they are, and it may be ill-founded, but they don't know. Chairman Hawkinson asked if they had any more questions of Mr. Blaisdell. Commissioner Hargrave asked if it came down to 750 square feet or nothing, would it make sense for him to do this. Mr. Blaisdell stated that economically, no. Commissioner Hilkey asked how many parking spaces were needed for 1,200 square feet. 1 The Community Development Director stated that 74 would be needed. Commissioner Hilkey asked how many they have. The Community Development Director stated, with Area B and C, as staff has proposed it, they have 59. He stated that the additional 15 spaces represent 20%, which is how much the code allows shared parking to provide, which would have to come out of Area D. He stated that they haven't talked about Area A because basically, it is already a shared parking area between the shopping center and the residential units. Commissioner Hilkey asked if shared parking required some agreements, to which the Community Development Director responded in the affirmative. Commissioner Hilkey asked if the owner of B was the same a the owner of D, to which the Community Development Director responded in the affirmative. The Community Development Director stated that basically, they are separate lots, and they would need reciprocal parking agreements. Commissioner Hilkey asked if there was any way to enforce the parking into 31 MOTION VOTE PCM-90-34 D at off hours or weekends and protect the apartments, with gates, fences, temporary partitions or guards. The Community Development Director stated that he doesn't think they would want to see gates strung up blocking areas off, and he doesn't know how they would do temporary barriers. He stated that one of the requirements for the similar project down in Terrace Gateway was that any time they have 50 people or more, they have to have a security guard, and if they have 75 people they have to have two guards. He stated that there is no requirement for such here because the maximum number is limited to 50 people, and if they were to go to a higher number, they would want to bring that recommendation in. He stated that perhaps one of the duties of the security officer would be to prevent parking in any area other than identified parking areas for the use. He stated that this would be self -enforcing until they get complaints. Commissioner Van Gelder asked how many parking spaces there are in Section D. The Community Development Director stated that they have identified 133 parking spaces, but some of those would not currently be allowed under the current parking code, so this would be reduced a certain number in order to get landscape islands into the certain areas. He stated that there are certain parking areas that are located back in the drive aisle between Area B and D, which may not be utilized. He stated that they may be able to get anywhere from 125 to 133 spaces, probably close to 130. Commissioner Van Gelder asked how many businesses are not open on Saturday or Sunday. The Community Development Director stated that he does not, and this should be included in any study that would reflect that, but this type of issue is great for what is there now. Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. Chairman Hawkinson informed the applicant that there is an appeal process that could be explained by the Community Development Department. The Community Development Director stated that there is a ten day appeal 32 period. ITEM #4 CUP-87-07R1 ROBERT KEENEY 21900 BARTON ROAD G.T. AN APPLICATION TO REVISE CONDITION #6 (PERIMETER WALL REQUIREMENT) OF CUP-87-07, RECREATIONAL VEHICLE PARK AND RETAIL SHOPS FACILITY TO BE LOCATED IN THE C-2 ZONE Chairman Hawkinson stated that at the last recess, the applicant had requested that this item be continued. MOTION PCM-90-35 CUP-87-07R1 Chairman Hargrave made the motion to continue CUP-87-07R1 to the next regularly scheduled Planning Commission Meeting. Commissioner Van Gelder second. MOTION VOTE PCM-90-35 Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. ITEM #5 CUP-88-14R2 DOMTAR GYPSUM, INC. 21516 MAIN STREET G.T. AN APPLICATION FOR A REVISION OF CONDITION #4 (HOURS OF OPERATION) OF CUP-88-14, A STORAGE AND DISTRIBUTION FACILITY FOR GYPSUM CONSTRUCTION PRODUCTS The Assistant Planner presented the staff report. Chairman Hawkinson asked if there have been any complaints in the course of the last year regarding noise from the operation. 33 The Assistant Planner stated that at this point, staff does not recall receiving any complaints for the past year on this applicant. Commissioner Hargrave asked what the effective date was. The Assistant Planner stated that he might want to check with the applicant on that. Commissioner Van Gelder stated that she knows the City does have a noise ordinance, but she was not aware that it did not apply to businesses, and she assumes from that then that construction facilities would not be included in that. She stated that on the Noise Ordinance, construction was not allowed to start before 7:00 a.m. The Community Development Director stated that he does not know that the Noise Ordinance prohibits construction from beginning before 7:00 a.m., but they cannot do any construction that would raise the decibels above the allowable levels before 7:00 a.m., and any type of outdoor construction normally does that. Commissioner Van Gelder stated that she can remember that they were asked by somebody to start at 5:00 a.m. in the summertime and they said no. She asked about such things as the commercial leaf blowers. The Community Development Director stated that the Noise Ordinance does not address uses; they can do anything they want as long as it is per the zoning uses they are in. He stated that if it makes noise more than the acceptable decibel levels, they can't do it. MIKE SHEELINE DOMTAR GYPSUM Mr. Sheeline stated that over the last year and a half, they have had a wonderful experience in Grand Terrace. He stated that they have done everything they feel they can do to work within the City's guidelines as far as noise abatement and keeping the area clean, and to his knowledge in a year and a half, they have not had one complaint from the surrounding residents as far as the noise or any unsightly surroundings in their facility. He stated that they look forward to another successful year in the City. Commissioner Hargrave asked what the starting date was for the summer hours. Mr. Sheeline stated he would like them to start June 1. 34 MOTION PCM-90-36 CUP-88-14R2 MOTION VOTE PCM-90-36 Commissioner Hargrave asked if this was the same as last time. Mr. Sheeline stated that he believed so. Commissioner Hargrave asked if this was inclusive of September 4. Mr. Sheeline verified this. Chairman Hawkinson asked if anyone in the audience would like to speak, then brought it back to Commission for action. Commissioner Hargrave made a motion to approve CUP-88-14R2, changing its summer hours per staffs recommendation. Commissioner Van Gelder second. Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. PLANNING COMMISSION MEETING ADJOURNED AT 9:45 P.M. SITE AND ARCHITECTURAL REVIEW BOARD CONVENED AT 9:45 P.M. ITEM #6 SA-87-14R1 ROBERT KEENEY 21900 BARTON ROAD G.T. AN APPLICATION TO REVISE CONDITION #6 (PERIMETER WALL REQUIREMENT) OF CUP-87-07, RECREATIONAL VEHICLE PARK AND RETAIL SHOPS FACILITY TO BE LOCATED IN THE C-2 ZONE Chairman Hawkinson stated that this item is to be continued to the next regularly scheduled Planning Commission Meeting. 35 MOTION PCM-90-37 SA-87-14R1 MOTION VOTE PCM-90-37 Commissioner Hargrave made the motion that SA-87-14R1 be continued to the next regularly scheduled Planning Commission Meeting. Commissioner Munson second. Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. ITEM #7 SA-90-03 OUTDOOR DESIGNS/DAMES AND JEANETTE GENEL 22720 RAVEN WAY G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A PATIO COVER AND OVERHEAD DECK ON A SINGLE FAMILY RESIDENCE IN A R1-7.2 DISTRICT The Assistant Planner presented the staff report. Chairman Hawkinson asked if the Planning Department had received any comments as a by-product of some of the letters that went out. The Assistant Planner stated that they had not received any comments as of the time of the meeting. Commissioner Hargrave asked if staff still recommended approval. The Assistant Planner agreed. Commissioner Hargrave asked if they had thought about the potential of this application coming before them from another residence or residences for some comparable type of deck and what effect this would have. The Community Development Director stated that he doesn't know if it has any domino effect or anything, but this is why they have Site and Architectural Review. He stated that they are to be looking at it on an independent basis, and if they feel there are conditions regarding this application that would tend to have them make a determination one way or the other, then they would 36 base this determination on those concerns, and an additional one would be based on its own independent concerns. Commissioner Hargrave stated that he went out to Mr. and Mrs. Genel's house and he was kind enough to show him what they wanted to do, and he can understand why they want to do this as they want to have a more picturesque view of Blue Mountain, which is in their backyard. He stated that he would have a problem architecturally if a lot of people on that block decided to do it as he feels it would detract from the previous ones that are done, as the new ones may block the view of the older ones, and it may get to be a little bit obtrusive. JAMES THOMAS 386 NORTHFIELD ANAHEIM Mr. Thomas stated that he represents the contractor, Outdoor Designs. Commissioner Hargrave asked, when they put on the deckings, if they certify the property owner that their house is structurally sound enough to support this construction. Mr. Thomas stated that yes, they ledger into the room joyce on the second story per building codes depending upon the city or county. Commissioner Hargrave asked if his firm was a licensed contractor, to which Mr. Thomas responded in the affirmative. Chairman Hawkinson asked if their were any comments from the audience then brought it back to Commission. Commissioner Hargrave asked if the wood was to be painted or treated in any manner other than just the natural color of the wood. Mr. Thomas stated that they use Oak Hill Quaker Stain, and it will be stained to match the trim of the home. Commissioner Hargrave asked Mr. Genel what color his trim is. Mr. Genel stated that it is beige. Commissioner Hilkey stated that he thinks it is an eyesore. He stated that if he had an opportunity to stop his neighbor from doing this, he certainly would speak up, but the Commission has done everything that it could, it continued 37 it and sent letters to the neighbors and they don't seemed to be concerned about it, so if they aren't concerned enough about it to raise their hand, then he doesn't think they should be concerned about it. Commissioner Munson stated that he concurs. He stated that his backyard used to private but it is not anymore, and consequently, he is going to vote against it. He stated that were it a roof and not an observation deck, he could vote for it, but because it is an observation deck, he is going to vote against it. Commissioner Hilkey asked staff why the other owners didn't speak up. The Community Development Director stated that they notified the property owners by mail and did not receive any response from them, so he can't say why they didn't respond. Commissioner Hargrave stated that he asked Mr. Genel if any of his neighbors said anything to him about it, and he said that his immediate neighbors said it was fine and had no objections, and in fact the neighbor to the east is going to try to build a similar structure. JIM GENEL 22720 RAVEN G.T. Mr. Genel stated that all of the lots are terraced and every single home is a two story house. He stated that in reference to privacy, everybody that goes into the bedrooms, which are all located on the back of the homes, can look into the lot on the west and east side. He stated that privacy -wise, you are not going to spend all of your time looking at the neighbors' backyards. He stated that the reasons they don't object to his having a sun deck up there is because he is just going to use it when the weather is nice and comfortable to go up there. He stated that they have been invited once it has been completed to come up and see, and they still don't object to it. He stated that he has an empty lot in the backyard which overlooks a church, and if on a summer night he wants to go out and look at the lights in Colton, Rialto or the hillside in the back, that is all he is going to be using it for. He stated that all of his neighbors are in the process of applying for permits to put deckings on their backyards, so the way they vote now will affect them, because they have already submitted plans to them. Commission Hargrave asked if he and his wife consider down -sizing this a little bit, for example, going to a smaller square footage of decking area. 38 Mr. Genel stated that he only has a very small amount of usable decking, and all the rest of it is lattice. He stated that his patio does not go from one end of the house to the other. Commissioner Hargrave stated that the proposed deck is 171 square feet. Mr. Genel stated that it will be completed from one side to the other. Commissioner Hargrave stated that he would be able to stand or sit above the actual patio also, according to the plans. He stated that there are 119 feet off of the bedroom, and there are another 12 feet on the west side, so they have 19 feet as far as length goes from their bedroom right now, and there is a 7 foot area before you get into the patio area of 12 feet in length. He stated that the balcony area for viewing is just the 19 feet, which Mr. Genel verified. Commissioner Hargrave stated that he was thinking they could leave the patio area alone, but go over to where they have the 19 feet, and downsize that a little bit. Mr. Genel stated that they are going to install the French doors right up in there which would throw it off. Commissioner Hargrave stated that if they brought it in from both sides, an equal distance, then the French doors would still be in the center. Mr. Thomas stated that they could downsize it from the right-hand side almost up to the door, which would be about 8 feet, but the balcony is still at the same height, and aesthetically, it would not look right. Commissioner Hargrave asked if they could go 4 feet from both sides of the 19 feet. Mr. Thomas stated that there are a multitude of ways they could lay it out, but they would still have the same height of the balcony, and the applicant would not want to do this. Commissioner Hilkey stated that if he had a project like this and has put a lot of work into it and he has a contractor, he wouldn't like people hacking it up either. He stated that he hopes he understand what their concern is - not with the balcony or the quality, but simply other residents in the future. He stated that on the back side, there is a vacant lot that will be developed some day, and what will they say. He stated that it is a nice looking balcony and good materials, but how will it affect the neighborhood in five or ten years. Commissioner Van Gelder stated that staff recommended adopting this W proposal. She asked if his neighbor up the street, next door, comes in next week with a proposal, will they recommend adoption of it also. The Community Development Director stated that staff takes every application on its own and will look at it independently and he will give them a recommendation on it when it comes in. Commissioner Van Gelder asked if he wouldn't mind having a whole row of houses that have this same type of deck on it. The Community Development Director stated they will look at each one independently, and he can't say more than that. He stated that the code allows this to be built as long as it is not over 20 feet, and if it is over 8 feet, it needs Site and Architectural Review. He stated that if there are neighbors that are coming in and giving substantial reasons to deny it, if the design is not in a manner that they feel is appropriate for that particular location, then they can deny it. He stated that they can make modifications on it. He said that they can approve this one if they don't feel there is anything wrong with it. He stated that each case is independent, and it does not create a precedence on additional cases. Commissioner Munson stated that privacy has nothing to do with this; if it is O structurally sound, they approve it or disapprove it. He asked the City Attorney if this was correct. The City Attorney stated that if he is asking whether or not the Planning Commission can consider approving or denying the project as it affects adjacent residents, which includes privacy, then yes, they can consider that, if they feel it will be intrusive on neighbors. He stated that it is not simply a matter of being structurally sound. Chairman Hawkinson stated that Commissioner Hilkey expressed it as well as they could. He stated that no one seems enthusiastic about this project, but no one has responded to say they are opposed to it. He stated that nobody seems to be bothered by it, so he really sees no reason that they don't just say go ahead and do it. Commissioner Munson stated that he heard the applicant make a statement that his neighbors are considering a similar project for their houses, so now they are going to look at them up the street. Chairman Hawkinson stated that now they are into some dangerous ground because they are talking about projects that have not been proposed. He stated that they need to look just at this issue tonight. 40 MOTION PCM-90-38 SA-90-03 Commissioner Munson stated that he thinks they are opening a can of worms they would rather not open. Chairman Hawkinson stated they have to look at this project on its own merit. Commissioner Munson made the motion that they deny SA-90-03. Commissioner Hargrave second for discussion. The Community Development Director stated that they need to have some findings to base denial on. He stated that he assumes he is basing it on the issue of lack of privacy on adjoining properties as a result of proposed project. Commissioner Munson said this is part of it. He stated that they have an eight foot limit and this is nine foot top, and he doesn't see any reason for this project. He asked if his motion was out of order, stating that all he is trying to do is get the Commission to make a decision. The Community Development Director stated that his motion is not out of order at all, they just need to back it up with findings. The City Attorney stated that he supposed that the finding is that the patio is inconsistent with the general character of the existing neighborhood, and that it is intrusive on adjacent properties. Commissioner Hargrave stated that he is going to vote with Commissioner Munson on this motion to deny, but he would really like to see the Genels come back and give them another proposal on this with a downscale model in keeping with what their theme is. Chairman Hawkinson stated that he has a problem with that, as downscaling this is not going to change it. Commissioner Hilkey stated he doesn't want to redesign the project as this is a very sensitive thing, but the supports are nine feet away from the house, so it will stick out a foot or two beyond that. He stated that they are really talking about a 19 by 10 foot observation deck, which is very large. He stated that on the west side, there is no problem, because there is only the patio cover. He stated that on the east side, there isn't too much of a problem because the house is higher than theirs. He stated that there is no one on the north side yet, which seems to be the only place they have concerns. He 41 MOTION VOTE PCM-90-38 stated that he will go along with the others and vote against it because he thinks in five years it will come up again, and it will be an eyesore. Motion carries. 3-2-2-0. Chairman Hawkinson and Commissioner Van Gelder voting no. Commissioners Buchanan and Sims absent. The Community Development Director stated that the project is denied and there is a ten day appeal period that they may appeal the decision to the City Council. Chairman Hawkinson asked if the vote of 3 to 2 is based only upon the Commissioners present or is it based upon the entire body. The City Attorney stated it is the majority of those present. ITEM #8 SA-90-05 RICK AND JANIE ALPERN 22996 PALM AVENUE G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A SATELLITE DISH IN A R1-7.2 DISTRICT The Assistant Planner presented the staff report. Commissioner Hargrave stated that, according to the drawing, where they place the dish seems to meet all the recommendations. The Assistant Planner stated that other than the ground mounting, when looking at the height aspect. Commissioner Hargrave asked if this would mean that the applicant would have to move the dish right on top of the pole down to ground level. The Assistant Planner stated that either that or any other location as long as it meets setback requirements. 42 RICK ALPERN 22996 PALM G.T. Mr. Alpern apologized as he did not know they needed a permit to put it up. He stated that they have a problem in that the satellite they have has to face south. He stated that because they have no other room to mount the satellite in the backyard, there was no other place to mount it unless they stuck it in the frontyard; it has to have clearance on top of the house. He stated that it was either that or the left side of the house, so they asked their neighbors, and none of them seemed to have a problem. He stated that if you look directly in front of their house, you can't even see the satellite - you actually have to be at an angle to the house, and if you are down the street you can see it. He stated that they have no neighbors on the side of the house where the satellite is - all they have is a road and a water holding tank. He stated that he was misinformed by the satellite people, as they said he did not need a permit. He said that they got together with an engineer that he knows and had him construct a way that they could put it out and mount it in a safe manner; they mounted it on a steel pole, braced it to the house, and set it in concrete, so there should be no safety discrepancy - the only thing would be the way that it looks. He stated that he could go into the various reasons of why they enjoy satellite: sports enthusiast, educational purposes, community programming, workshops, etc. He stated that he has no other place to mount it on the house, unless he were to move it to the front yard. He stated they did look at the opposite side of the house, but the neighbor would have been looking at it, and they would have had to cut down a bunch of trees, because in order to have satellite, you need to have clearance in front of it. He stated that he can't lower it because his house would block it. He stated that if it was voted down, he would love to be able to submit other plans, but unless they put it in the front yard, he wouldn't know where else to put it. He stated that he did check with the neighbors, he thinks they have a beautiful house on the block and they keep it nice. Commissioner Hargrave asked if the neighbor to the north had any objections. Mr. Alpern stated that they did not ask them because they really can't see it, as they are on the down side to the right. He stated that the views are out the other way and up to the mountains, so it just doesn't block anybody's view. Chairman Hawkinson asked if he installed it himself. Mr. Alpern stated that the satellite dish company installed it. He stated that, in talking with them, he asked an engineer if this would work. 43 Commission Munson asked who can see the dish. Mr. Alpern stated that the people below Observation or Paradise across the street from them, but it is not really in their line of vision. Commissioner Hilkey asked what was inside the backyard, just inside the wrought iron and block wall. Mr. Alpern stated that there is a small grass area, but in order to put the satellite there, it would have to go all the way to the back and there is no room because it has to be able to view over the house. Commissioner Hilkey asked if there was a space in the northwest comer. Mr. Alpern stated they had brought out an electronic device that monitored the signal and they said that it wouldn't have the proper clearance. Commissioner Munson asked about landscaping on the fence along Paradise. Mr. Alpern stated that they have a wrought iron fence and they own the hill, and it is actually a slope that goes down. He stated that if you actually drove by you would see it is not an eyesore because it is hidden, as it is actually behind the house. The Community Development Director clarified that it is hidden for the most part traveling west downhill on Palm. He stated it is very visible traveling uphill on Palm, and it is visible driving south on Observation and north on Observation. Mr. Alpem stated that it is certainly a lot less visible than a lot of the antennas that come way up and are on top of the middle of the houses. The Community Development Director stated that there are very few antennas in that area. Mr. Alpern stated that there are seven. Commissioner Munson asked if they were trying to establish a policy for future satellite dishes as well as try to make sure that the ones that are currently in the City are safe. The Community Development Director stated that they are looking at Site and Architectural Review and making sure that the satellite follows their existing code. He stated that staff has reviewed it and consider satellite 44 structures as an accessory structure and then they look at the code as far as how it addresses accessory structures. He stated that it is the same issue as what they had with the patio, as both items are accessory structures. He stated that if it is under eight feet, it can go anywhere in their yard as long as it is meeting the setback requirements; if it is above eight feet, it needs to have Site and Architectural Review; it cannot be above 20 feet, according to the code. Chairman Hawkinson stated that he has tried awfully hard to go along with what he just described, but he is having a very difficult time separating a satellite dish from a television antenna, as far as how he is interpreting this as a structure. The Community Development Director stated that they have to go to the code and its definition section. Chairman Hawkinson asked if this particular site be a little unique if this is the only place it can go and be functional, as somewhat of a variance. The City Attorney stated that it is not really a variance. He said that there isn't really an obligation of the Commission to find that in every piece of property they will be able to put a satellite dish that will have a south view over a house. He stated that this isn't suggesting that his approach is not satisfactory in this case, but it wouldn't be in all cases. Chairman Hawkinson stated that it sounds like everybody that puts a satellite dish up is going to come before this body. The Community Development Director stated that if they are over eight feet high, yes they will. Chairman Hawkinson that this one may be better done aesthetically than some that are done within the legal limit. He asked how it would be if it was planted in the middle of the front yard and was within the height requirement, or even the side yard. The Community Development Director stated that either way, it would be going as an accessory structure. Chairman Hawkinson stated that he is having a very difficult time calling this a structure versus a gizmo that gives him a better signal from his television set. The City Attorney stated that the distinction of the definition is that it is a 45 structure in that it is separate and apart from the primary structure of the house, and obviously you cannot say the same thing about an antenna which is stuck on the house.] The Community Development Director stated that their definition of an accessory building for everyone to hear is: "A building, part of a building or structure which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot; it does not mean separate living quarters or guest house." He stated that a fence is even considered a structure. He said that they have an out on this though; an accessory structure cannot be more than 20 feet high, and staff won't recommend this, but if they are looking for an out to get around the 20 foot high limitation, Section 18.57.80 talks about height limit exceptions, and states that, "chimneys, copulas, flag poles, monuments, radio and other towers, water tanks, church steeples, and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a use permit is first obtained in each case". He stated that if they considered this as a "radio or other tower", which would not be stretching it too much, this could be allowed to go above the 20 foot height limitation if it has a Conditional Use Permit. He stated that staff feels that anything of this magnitude, visible above the roof line, is a detriment to the design and architecture of the neighborhood and the structure, and this is why staff feels it should be brought down to the ground and should be ground -mounted. Chairman Hawkinson stated, supposing he was in this position, he was going to put this thing in and found out that the only place it would possibly work would be the place where he has got it, would he have grounds for a suit saying they are prohibiting him from enjoying satellite television. The City Attorney stated no, because there is no right to receive satellite, just like there is no absolute right to have short wave antennas. He stated that there is some satellite television litigation, but there is a whole lot of short wave antenna litigation. He said that 15 years ago, more or less, the state of the law was that a City could not restrict short wave antenna height because if you made them short, it was impossible to receive a signal, but this is no longer a law and hasn't been for about 10 years. He stated that the same thing presumably applies to satellite, although there is no case that he is aware addresses it quite that directly, as most satellites aren't elevated on poles. Commissioner Hargrave stated he and his neighbor probably have the best view of his dish because they look toward Blue Mountain and the back of his house, which is where his dish is. He stated that he thinks he did a wonderful job of aesthetically tuning it into the house, and if anybody would be miffed, 46 it would probably be him and his neighbor about any horizon pollution that could be there. He stated that he has it there, he has done a very, very good job, and has toned it into the house to where you probably wouldn't be noticing it. He stated that he is going to vote for approval of this, but he does want to bring in the Community Development Director's exception, as he things they put this under the permitted use under the exception rules as a condition. The Community Development Director stated that they can't do that, as it requires a public hearing, and they would have to reschedule it. Commissioner Hargrave stated that they should reschedule it if that is what it would take. He stated that he thinks it should stay, as bringing it down to the ground would not make any sense, and there is no place to put this thing in his backyard that makes any sense at all, and he sure does not want it in the front yard. He stated that it is unfortunate that he trusted the contractor. He stated that neither he nor his neighbor find it objectionable and they have a perfect view of it. He feels he is trying to comply and is willing to give him the benefit of the doubt, let him leave it there under the conditional usage factor and in the future, if it doesn't work out, then they have some recourse to come back and talk to him. He asked if they have to deny this project. The City Attorney stated that, as a practical matter, they have to deny it because it doesn't comply with the code, but suggest to the applicant that he reapply for a Conditional Use Permit. He stated that one of the advantages of that is that the neighbors get the opportunity to make comment. Commissioner Hargrave stated that it also protects him from someone saying that no one told them about this. The City Attorney stated that, unfortunately with a 20 foot high limitation, they don't have much choice. Commissioner Hargrave asked what fees the applicant would incur to do this. The Community Development Director stated that he has submitted $100 for Site and Architectural Review and even if he does do the Conditional Use Permit, Site and Architectural Review is still required, so it would be an additional $100 for the Conditional Use Permit, and he would suggest that they continue the Site and Architectural Review until such time that the C.U.P. hearing has been held, and then they can make a determination as to whether it is per code or not. Mr. Alpern stated that this seems good to him, but he is a little confused, as 47 MOTION PCM-90-39 SA-90-05 nobody seems to really object and they haven't taken a vote. He asked why, since it picks up radio signals as well as television signals and is considered a radio tower, why couldn't they just approve it that way. The City Attorney stated that this exception does require a Conditional Use Permit. Mr. Alpern asked if they could have any other variances. The City Attorney stated that all of these things require a public hearing no matter how they do it. Mr. Alpern asked if they could just have an approval because nobody objects. Commissioner Hargrave stated that he is trying to give him the easiest way for $100 if he would accept it. Mr. Alpern stated that he is not worried about the $100. Commissioner Hargrave stated that they are trying to give him some protection in case somebody does come to him and say he is in violation of the code, which technically he is even though he didn't know it. Mr. Alpern asked what he does when he files the petition. Commissioner Hargrave stated that he should coordinate with the Community Development Department. Commissioner Hargrave made the motion to continue SA-90-05. Commissioner Munson second. Commissioner Van Gelder stated that she is trying to come up with a middle- of-the-road solution. She stated that she understands there are about eight people in town that have satellite dishes and will be coming in for approval. The Community Development Director stated that they have cited five. Commissioner Van Gelder stated that she knows they can't assume that anybody else coming in and putting up a satellite dish is automatically going to know that they need a permit, but if they do know, the only appropriate 48 term she can think of is to somehow grandfather in the ones that are already here, because there was no regulation in place or they didn't know about it. The City Attorney stated that the regulation has always been in place, and he can't imagine any satellite dish that pre -dates some accessory use requirement in their zone, as even the County has similar requirements. Commissioner Van Gelder asked if they make them go tear it down. The City Attorney stated that they sure do. Commissioner Van Gelder stated that they had some three bedroom apartments that were supposed to be two bedrooms, and nobody made them tear those down. The Community Development Director stated that this was a separate issue. Commissioner Van Gelder stated that she knows it is different, but she doesn't think the City is very strong on tearing it down if it is not appropriate. The Community Development Director stated that permits were issued for the three bedroom apartments, and whether everyone agreed whether or not they should have got permits or not, they received permits and they are legal structures, however, if they want to go back and look at the Hartzell case for code enforcement, they went in and hauled away junk and tore down part of his structure. He stated that they have done that, and the cities have the power and have done it in the past. He stated that being a young City, they haven't had to go to that extreme, but they do have the power to do it. Commissioner Van Gelder asked, for instance, about a satellite dish that has been put up, and there is no other way that they can receive satellite messages. The City Attorney stated that she is making satellite dishes something different than other types of accessory structures, and it is no different than the guy who had the patio cover and wanted to have an observation deck; you still have to measure it by the standard of its impact on the neighbors and all the architectural review standards. He stated that there isn't any inalienable right to have a satellite dish for every piece of property in the City of Grand Terrace. The Community Development Director stated that it would be a lot easier if it was not already up and paid for. MOTION VOTE PC-90-39 Commissioner Munson asked if both of these satellite dishes are the same, and if they could handle them both under the first motion, or will they both have to come back. The Community Development Director stated that the next item on the agenda is also a satellite dish, but that one is not over 20 feet, so they don't have the height restriction issue. Motion carries. 5-0-2-0. Commissioners Buchanan and Sims absent. ITEM #9 SA-90-07 RAUL MARTINEZ 22683 MIRIAM WAY G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A SATELLITE IN A R1-7.2 DISTRICT The Assistant Planner presented the staff report. RAUL MARTINEZ 22683 MIRIAM WAY G.T. Mr. Martinez apologized as he did not know that there were permits to be granted through the City, and he contracted through Home Satellite, Inc. out of Riverside, with the owner Charles Chisholm, who is not here tonight, so he will try to answer any technical questions there are of the satellite dish itself. He stated that when Mr. Chisholm came out and sold him the satellite back in December of 1989, he brought out his monitoring equipment and told him that the site as they see now on the schematic is possibly the best location for reception of a satellite signal, the reason being that he has two more trees to the south, and slightly west of the satellite dish, there is a tree in the property line to the west and slightly south that hangs over and almost touches the satellite dish as it sits now, and the shrubbery along the southern property line to the west and east is at least in excess of 15 feet in height, and according to Mr. Chisholm, he would need a clear signal in order to receive the best possible reception, and this is why they had it mounted on the pole and tried to hide it behind the house as best as possible. He stated that the maximum 50 height at the highest point of the rotation of the satellite dish was 19 1/2 feet, which includes the pole and the circumference of the dish, which is about 10 1/2 feet in circumference. Commissioner Hargrave stated that it looks like there is a high voltage line that comes off of the main utility pole into his backyard. Mr. Martinez asked if he was talking about from the southeast portion of his backyard toward the patio, which Commissioner Hargrave verified. Mr. Martinez stated that there is. Commissioner Hargrave asked if has any problems with the electrical line. Mr. Martinez stated that he does not. Commissioner Hargrave stated that it sure looks like it is on the roof line of his house. Mr. Martinez stated that it is right at the eave line. He stated that he took pictures of the satellite dish at the highest point in its rotation. He stated that it is bracketed with a steel cable and bolted down to the eave. Commissioner Hargrave stated that staffs recommendation is to bring the dish down to ground level, and asked for some feedback. Mr. Martinez stated that this location provides the best possible reception, and he had come out with monitoring equipment. He stated that they did discuss bringing it down to the southern portion of his fence line, but there is a problem with reception due to Blue Mountain, and apparently there are a couple of antennas or transponders located on that which would interfere with the signal. He stated that he does have a dog in the backyard, and he has had problems in the past with kids walking along the sidewalk on Barton Road throwing rocks at his dog, and he assumes that if they see something as tempting as a satellite dish anywhere close to that southern fence line, they would see if they could make baskets in the dish itself with rocks. He stated that the measurements are well within the setbacks according to the City: 20 feet from the sideyard and driveway and 80 feet from the southern portion of the fence line. Commissioner Hargrave asked if the pole met the engineer's requirement to provide proper footing and support for the satellite dish. Mr. Martinez stated that he is not sure, but the pole is three feet in the ground with three feet of cement, covered with a little bit of dirt and some 51 grass growing there now. He stated that he does not have a detailed plan of it, as Mr. Chisholm was supposed to have brought that with him here tonight. He stated that he can say that they have had high winds since December and he has had no problems with it falling, so as far as he knows, it is safe. Commissioner Hilkey asked if it faces north. Mr. Martinez stated that the front door faces north onto Miriam Way. Commissioner Hilkey asked if the antenna was on the south side, which Mr. Martinez verified. Commissioner Hilkey stated that the previous applicant stated that they needed to have a southern exposure. Mr. Martinez stated that the dish, as it rotates, will face from the southeast and rotate across toward the northwest, but it won't go totally toward that way. Commissioner Hilkey asked if it was facing west in the picture. Mr. Martinez stated that it was facing toward the northwest a little bit. Commissioner Hilkey stated that is reason was that he needed a south exposure, and Mr. Martinez has a perfect south exposure, yet the antenna is facing northwest. Mr. Martinez stated that this is just the way the rotation is, and again, he is just going by what he was told by the contractor, as he said this would be the best place for the reception because of the shrubbery, trees and mountain south of him. Commissioner Hilkey stated that he could mount this in the backyard next to the house and it would be far away from the rock -throwers, but yet he would still get a good southern exposure. Mr. Martinez stated that it gets a good southern exposure where it is now, and that it has to go over the shrubbery in the mountains itself. He stated that he doesn't know the technicalities of the reception part itself. Commissioner Hilkey stated that he always sees them facing south, and his is facing northwest. Mr. Martinez stated that this is just the way the rotation was at the time, but it does go from the southeast toward the northwest at an angle as it rotates. He stated that there are 24 different satellites that it rotates to. 52 Commissioner Munson asked how many satellites he is bringing in. Mr. Martinez stated that he can bring in 24, but is only getting 23 right now. Commissioner Munson asked if they are not all in the same location, and if this was the reason for the adjustable dish, to which Mr. Martinez responded in the affirmative. Commissioner Munson asked how big of a radius this swings. Mr. Martinez stated that this is a hard question. Commissioner Munson asked, looking at 20 on the map, if it would go above that line. Mr. Martinez stated that it would slightly, and it would face toward northwest as well. Commissioner Munson asked, coming down and around, how far past the 80 mark will it go. Mr. Martinez stated that it would go a little bit farther than it would past the 20, a little bit closer to the southeast comer of his lot. Commissioner Munson asked if it goes a little over 90 degrees. Mr. Martinez stated that this was correct. Commissioner Munson asked if he had talked to Home Satellite since he received notification about lowering this. Mr. Martinez stated that he had, and Charles Chisholm, the owner, was supposed to be here tonight and couldn't make it, and he was going to bring the detailed footing plans as well as give any technical explanation needed. Commissioner Munson asked if he did not think it was feasible then to lower the dish. Mr. Martinez stated that this was correct. Commissioner Hargrave asked if the only objectionable thing as far as staffs recommendation is the bringing it down to ground level. The Community Development Director stated that they would like to see it 53 MOTION PCM-90-40 SA-90-07 MOTION VOTE PCM-90-40 ground -mounted. Commissioner Hargrave asked if they bring it down, Mr. Chisholm said that it won't work. Mr. Martinez said that it won't work. Commissioner Hargrave stated that they either leave it there and let it be workable or else it is not workable. Mr. Martinez stated that he has talked to the neighbors on the east, west and north, and no one has any objections as to the way it looks. He stated that it is not a type of situation that would interfere with their televisions or electrical appliances that they have when it is in operation. Commissioner Hargrave stated that he would like to go to a continuance on this and have Mr. Martinez come in for a C.U.P. application and hearing on this so that the neighbors would have a chance to comment. The Community Development Director stated that this application does not need a Conditional Use Permit, and the adjacent neighbors received notification. Chairman Hawkinson stated that it appears as if all they need to do is approve it as it stands. The Community Development Director stated that they can do that, but staff simply recommended that it come down and be ground -mounted. Commissioner Hargrave made the motion to approve SA-90-07, leaving the antenna at its present height, and not to exceed that height for as long as it stands. Commissioner Van Gelder second. Motion carries. 4-1-2-0. Commission Hilkey voting no. Commissioner Buchanan and Sims absent. 54 Chairman Hawkinson stated that it almost appears as if the City should give some consideration to a separate ordinance addressing satellite dishes and television antennas. The Community Development Director stated that he is wondering why the Planning Commission was pushing to have these things brought to them, as he was under the impression that the Planning Commission wanted to address these and felt they were a concern, and now they have approved two that were built as is. Chairman Hawkinson stated that he has been opposed to bringing these things as he feels it is an infringement on personal rights. Commissioner Hargrave stated that he agreed about bringing the issue forth, as he thinks there are ordinances on the books now. The City Attorney stated that the more legitimate answer is that they are accessory structures and the code requires they come for approval, and there are circumstances under which he would expect that even Chairman Hawkinson might vote against a satellite dish, that there would be some circumstances that it would be intrusive enough on the neighbors that it could be placed elsewhere. He stated that the code doesn't really direct them to say yes or no, it is saying that there is some potential for it being okay, and they have input as to where it is going to go, so that if this one had been 80 feet directly south hanging over Barton Road, maybe it wouldn't have been a good place for it. Commissioner Hilkey stated he feels they are being buffaloed, as one guy says that he has to have a south exposure, and the other guy says that he needs the northwest exposure. He stated that two years ago it was a sign of wealth and good neighborhoods, but now it is becoming a sign of an antenna, and he has no hesitation to vote them down. He stated that he thinks they are an eyesore and they need to keep them out of the sky. The Community Development Director stated that he led off wrong and if it was taken wrong, he apologizes, but they are being buffaloed on those things. He said there is a satellite dish on his street, and the house is between itself and Blue Mountain, and it is behind the house, the fence, and is ground - mounted. He stated that it is working, and it is closer to Blue Mountain than this one was. He stated that the Holiday Inn in Riverside has a satellite dish, ground -mounted in the parking lot behind a fenced area. Commissioner Munson asked about the one at Gina's. 55 The Community Development Director stated they probably don't have a permit either, but they haven't noticed it. The City Attorney stated that they should have somebody independent provide some expertise in satellites so they don't get hustled. Commissioner Van Gelder stated that ignorance is no excuse, but she thinks there might be many people who would not compute a satellite dish in relationship to a building and needing a permit. She asked if it would do any good to put a notice in the newsletter. The Community Development Director stated that he noted that they should have the Chamber newsletter include a general article regarding items that need a permit. The City Attorney stated that it is also appropriate to consider adopting an ordinance which addresses satellite dishes. He stated that some of the expertise can be built into the ordinance. Chairman Hawkinson stated that if they are under eight feet and in the right place in the yard they would be fine. Commissioner Munson stated that if they look at what they made yesterday, they are making it better today, and maybe two years down the road all you will need is a little two foot dish that is three feet high. The City Attorney stated that, more than likely, they'll have satellites that jam all of the signals, and this is seriously what is happening now. Chairman Hawkinson stated that he looked into the satellite thing, and you still have to pay a monthly charge. Commissioner Hilkey stated that in Anaheim Hills they have covers. The Community Development Director stated that these people will come and cry, but they are so liberal with certain things, and if they were in other communities, there is no question they would have them ground -mounted, painted earth tone colors, screened from view by landscaping materials, and possibly with covers on them. The City Attorney stated that if they adopt an ordinance which addresses satellites, then the company in Riverside is going to come to Grand Terrace and see the ordinance, and when he sells to the guy, he'll say they can make it work like this. 56 Commissioner Van Gelder asked if they are required to put on the agenda every item that comes before the Planning Department in that given time period. The Community Development Director stated no. He said on certain items, they have to act within certain time frames, but he has the ability to look at an agenda and say that the agenda can't handle any more, and close it off, of if an application isn't complete, then he doesn't have to put it on the agenda. SITE AND ARCHITECTURAL REVIEW BOARD ADJOURNED AT 11:15 P.M. NEXT PLANNING COMMISSION MEETING TO BE HELD MAY 1, 1990 Respectfully submitted, avid R. awyer Community Development Director Approved by, f 1 e ' aw nson C an, Planning Commission 57