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06/19/2003 C. T Y - o GRAND TER R CE Community and Economic Development Department GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING June 19, 2003 The reaular meeting of the Grand Terrace Plannina Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace. California, on June 19. 2003, at 7:00 p.m.. by Chairperson Doua Wilson DATE: June 19, 2003 PLACE: Council Chambers, Grand Terrace Civic Center 22795 Barton Road, Grand Terrace, California 7:00 P.M. CONVENE SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING PRESENT: Doug Wilson, Chairman Matthew Addington, Vice Chairman Brian Whitley, Commissioner Tom Comstock, Commissioner Robert Bidney, Commissioner Gary Koontz, Community Development Director John Lampe, Associate Planner Michelle Boustedt, Planning Secretary 7:00 P.M. CONVENE SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING • Call to Order • Pledge of Allegiance led by Commissioner Comstock • Roll Call PUBLIC PARTICIPATION: None 22795 Barton Road• Grand Terrace, California 92313-5295 • (909) 824-6621 ITEMS: 1. MINUTES Planning Commission Meeting Minutes of May 15, 2003 RECOMMENDATION: Approval MOTION: 13.C-17-2003 Commissioner Bidney made a motion to approve The Planning Commission Meeting minutes dated May 15, 2003. Commissioner Comstock seconded the motion. MOTION VOTE: PC-17-2003 Approved 5-0-0-0 2. CUP-03-04, SA-03-05 TPM-03-04 & E-03-04 Conditional Use Permit NO. 03-04, Site And Architectural NO. 03-05, Tentative Parcel Map NO. 03-01, Environmental Review Case NO. 03-04 to construct an Approx. 13,357 square foot drug store (SAVON) with a single lane drive-thru Pharmacy and an approx. 3,000 square foot retail shop building and to divide the site into two parcels, one for the drug store and the other for the retail shop building. APPLICANT: Christian Land Services, Inc. on behalf of Jacobson Family Holdings, LLC (Developer) and Savon Drugs. LOCATION: 22524 Barton Road (vacant 1.5 acre parcel located on the northeast corner of the intersection of Barton Road and Mt. Vernon Avenue). RECOMMENDATION: Approve subject to conditions. Associate Planner Lampe reported that the Applicant had filed several applications to construct a 13,357 square foot drug store with a drive thru pharmacy and to construct a 3,000 square foot retail building with off street parking and landscaping, and to divide the subject site into two parcels: one for the Sav-on Drug Store and one for the retail shop building. The vacant 1.5 acre irregularly shaped parcel was previously occupied by the GT Market along with two single family homes to the immediate north of the market. All of the aforementioned structures were demolished in 1999. Another drug store project was presented and approved by the Planning Commission in 1998. The surrounding area is developed to commercial uses to the immediate west in the Village Commercial Category 2 of the Barton Road Specific Plan.and to the southwest and the south of the subject site. Properties to the east are Low Density Single Family residential category. The applicant has indicated that this will be a new theme type of store. It will be a Renaissance concept with more light and interior within the store. The parking will consist of a lot for 72 cars on westerly side of the building. Three driveways will provide access to the property, one each on Mt. Vernon Avenue, Barton Road, and Arliss Drive. The applicant has asked for full turning movements on the driveways. A letter from the City's Traffic Engineer indicating that restriping plans will have to be drawn up and implemented through the planning department for review and approval. The Barton Road driveway will be treated with colored concrete to enhance the appearance of the parking area and to facilitate pedestrian movement along the street. The staff has recommended that the same treatment be applied to the Mt. Vernon driveway location. A drive thru pharmacy has been proposed on the westerly side of the building. Customers will be directed through the drive thru with appropriate signage and marking of the pavement. This will be a single lane drive thru facility with a service window on the westerly fagade of the building.- A rather detailed discussion was included in the staff report with regard to how the drive thru facility worked for the pharmacy. Such drive thru features are found in all new drug stores and provides convenience for customers and give them a choice of utilizing pick up and drop off without having to exit their vehicles. The applicant provided a traffic study with a Sav-on store located in north Orange County in which there was-an average of four cars per hour through the drive thru facility with an average waiting time of around five minutes. Along the northerly boundary of the subject site there will be a proposed six-foot split block wall. This wall will provide buffering and separation between the, commercial development of the subject site and the single-family homes to the immediate 'north of the site. The wall will be stepped down to within three feet as it approaches Mt. Vernon so as not to block the light in the home that lies immediately north of the site. Additional "low screening" walls have been proposed to screen the open parking from view from the public right of way. The parking area will be located on the west side of the building; 82.parking spaces will be required for the project. The Barton Road Specific Plan does allow for a reduction of parking through various incentives. One would be for lot consolidation. This particular parcel was created after two single family residential lots were demolished and merged with the commercial parcel of the GT Market site. Under the Barton Road Specific Plan, the project is entitled to a reduction of 10% based on this incentive. Additional incentives for parking reduction are allowed for every 100 square feet for open plaza or public areas such as the proposed bicycle staging area proposed at Mt. Vernon and Barton Road. A letter was included in the staff report with regard to the breakdown as to the sales departments within the proposed store. The staff feels that as none of these departments are greater than 5,000 square feet, this project would fit into the Village Commercial Zone. The preliminary landscaping plan for the project was reviewed. Once the project is approved, the actual landscaping plan will have to be submitted for review. The landscaping is similar to the former proposed for the Rite Aid project. Approximately 15% 3 of the site will be landscaped. Included in the staff report was a letter from the landscape architect stating that in his professional opinion that this proposed project contains more landscape than one would normally see in a commercial project. The staff is recommending that additional landscaping be provided along the southerly fagade of the building to screen and soften the south side of the building and the trash enclosure. The proposed elevations show that the building will have a rustic motif utilizing clay tile and exposed rafters, fascia boards, beams and columns with extensive use of river rock and earth toned colors. The applicant supplied the Commission and staff with colored elevations of the project. The architect has utilized covered entrance ways, and pop-outs to give depth to the building. The architect followed a copy of the design guidelines for the Barton Road Specific Plan. An application has been submitted for a tentative parcel map. It is being proposed that the one and a half acre site be divided into two parcels. Parcel One will cover the Sav-on building and most of the parking to the west, and Parcel Two will cover the retail shop building and a portion of the parking lot to the west. Staff was advised that the reason for this parcel map was for tax considerations. The developer will retain ownership of both parcels, but the Sav-on Corporation wishes to be able to pay its own taxes on the building it occupies. The parcel map application will be submitted to the City Council for approval. The Applicant provided Staff with the conceptual sign design. The sign program will be subject to future review and approval from the Community Development Director. Two :Resolutions have been included for the Planning Commission's consideration. The appropriate findings that are stipulated by the City's zoning code along with recommended conditions of approval, the first Resolution calls for the Planning Commission to approve the proposed Site and Architectural Review and Conditional Use Permit for the Sav-on building, drive thru and layout subject to the conditions of approval. The second Resolution involves a Tentative Parcel Map for the parcel map the Planning Commission recommends to the City Council that it's body approve the Tentative Map subject to the recommended conditions. Chair Wilson invited the Applicant to speak before the Commission. Darryl Christian 1472 Franklin Avenue Tustin Ca Mr. Christian thanked Mr. Koontz and Mr. Lampe for their assistance in bringing the application before the Commission. Mr. Christian reported that the 3,000 square foot retail portion of the building will be owned by the developer. Sav-on has had bad experiences with retail property leasing. When Sav-on owns their own property, there is no need to rely upon someone else to be sending the correct documents for tax purposes. The buildings will be placed on the easterly side of the property. Traffic will be diverted away from Arliss Drive by limiting the access on the Arliss driveway for employee parking only. The loading for the drug store will be located on the northerly side of the building. 4 The proposed parking will consist of 72 full sized parking stalls. The,buildings will be screened with landscaping to buffer the building view from the street. A single lane drive thru is proposed for the drug store to allow for patrons to be able to pick up their all ready filled prescriptions. The architecture'of the building will consist of Renaissance decor. This is the first proposed building of its kind for the.company. This location would be beneficial to try out this type of architectural concept. Mr. Christian reported that the architect and the landscape architect were also present to answer any questions the Commission may have. Vice Chair Addington asked how the Applicant intends to screen the delivery trucks so they would not be seen by the existing residences to the rear of the site. Mr. Christian replied the north side will consist of a retaining wall. On top of the retaining wall will be a six foot block wall. There will also be a 10-foot wide landscape buffer along the northerly property line. Chair Wilson opened up the public hearing for comment. Leonard Tisdale 12055 Mt. Vernon Mr. Tisdale reported that he was speaking on behalf of his Mother who lives at the address just north of the proposed parking area. Mr. Tisdale reported that he has some concerns with his Mother's property. He reported that when the old GT Market was-open on the property, people used to shoplift and hop over the wall to get away from the authorities. Mr. Tisdale is concerned that if someone were to hop the fence onto his Mother's property, there would be an eleven foot drop-off and would possibly sue his Mother for injuries. Mr. Tisdale had concerns with regard to the existing fence. If and when the proposed Sav-on is built, will there be a security fence left up for added security for the residences just north of the property. Mr. Tisdale also wanted to know when the delivery trucks will be delivering merchandise to the stores. If the store is proposed to be open 24 hours, and the delivery trucks come for delivery after hours, it will disturb the residences. The final concern was for the drainage on Mt. Vernon Avenue. Mr. Tisdale reported that when it rains, there is a flood in front of his Mother's house. .Mr. Tisdale talked with City officials in which they had reported that there was no blockage, but he feels that something should be done for the water drainage. Raymond Hughes Corner of Arliss & Miriam Drives Mr. Hughes wanted to know if the proposed driveway on Arliss would be to serve the general public and would the applicant have parking lot sweepers cleaning up the parking lot after hours. The Arliss driveway would only serve the employees of the retail shop building, and not the general public. Chair Wilson closed the Public Hearing and brought the item back to the Commission for comment, and asked the Applicant if he would be willing to work with the delivery times. 5 Mr. Christian replied that he had no problem with adding a condition that there would be no deliveries between 10PM and 7AM. Chair Wilson asked the Applicant what type of parking lot maintenance they are proposing for the site. Mr. Christian replied that if differs for every store. He also feels that there should be no problem with limiting time frame for sweeping. Vice Chair Addington asked if there will be an eleven foot drop off from the top of the wall to Mrs. Tisdale's property, and if there were any suggestions as to what can be placed at the top of the wall to deter anyone from climbing over it. Mr. Christian responded that the highest point for the wall would be five feet, making it an eleven foot drop off on the other side of the wall. Sav-on Company has never added an additional barrier over the top of the block wall: If anything else was added to the block wall, it would add more height to the other side of the wall. Chair Wilson asked the applicant what the probability that Sav-on Company would handle an additional insured indemnity clause for Mrs. Tisdale's property. Mr. Christian replied that it would have to be deferred to Mr. Timbers, who is present. Jeff Timbers 8478.Frost wood Street Anaheim CA Mr. Timbers replied that he is a representative of the developer on the project. He felt that it may be negotiable; but if one were to be injured with regard to falling over the block wall, Sav-on would also more than likely get sued as well. This would take care of such a concern. In addition, cameras will also be installed in the parking lot, and undercover personnel will be in the store to minimize such events. Mr. Timbers also remarked that Sav-on has an extensive "We Card" program with regard to alcoholic beverage sales in the stores, and alcoholic beverages cannot be consumed within the limits of the store. Vice'Chair Addington asked Mr. Timbers what types of suggestions would the applicant be willing to make with regard to the proposed wall. Mr. Timbers replied that the company is quite willing to work with the Staff for a resolution to the concern. Commissioner Bidney asked if the retail stores located adjacent to the proposed drug stores have already been leased to retailers. Mr. Christian replied that the developer is currently in 'serious negotiations with a few retailers, so that the drug store along with the retailers will be opened at the same time. 6 Commissioner Comstock addressed a concern with the traffic on Barton Road. The driveway on Barton Road where the traffic would have to make a left hand turn into the parking lot would pose a problem and was wondering if this issue had been resolved. Associate Planner Lampe replied that the applicant is being required to revise a striping plan for that particular segment of Barton Road. This plan is currently in the process of .being prepared. The City Staff must deem this plan acceptable for restriping this particular portion of Barton Road. Commissioner Comstock stated that the traffic eastbound on Barton Road should be limited from going into the parking lot. Planning Director Koontz replied that their were meetings with regard to this particular issue in which part of the resolution was that the only time that the traffic engineer could forsee a problem was during the PM peek hours with people turning left. Other than that, there would be no other traffic issues. Should the traffic become an issue, it is the City's right to stop that traffic flow immediately. Commissioner Whitley asked if the drive-thru service be a 24-hour service. Mr. Christian replied that the drive-thru is proposed to be open the same hours as the store's business hours. Chair Wilson commented that the drainage issue in question must be addressed by the City. A properly designed drain can keep all concerned satisfied. Chair Wilson asked if there was a contingency plan for parking. Mr. Christian replied that whenever a new Sav-on site is laid out, space is set aside for four cars per one thousand square feet. Planning Director Koontz replied that the original Rite Aid plan had fewer parking spaces than those that are presently proposed. Chair Wilson asked if the driveway on Arliss Drive would be a left turn only driveway. Mr. Christian replied that the parking lot for that area will be restricted to employees only. Planning Director Koontz replied that the traffic engineer had no comments with regard to the traffic on Arliss Street. Chair Wilson asked how the driveway will be lined up. Mr. Christian replied that there are driveway standards which the company follows to accommodate the delivery trucks. Chair Wilson closed the public hearing and brought the item back to the Planning Commission for review and approval. 7 Chair Wilson suggested that some type of indemnity clause should be included for the residences adjacent to the subject property. Vice Chair Addington agreed. Commissioner Comstock made a motion to include Item Two from Memorandum that was passed out during the meeting to require that the recommendations of the City Engineer in grading of the site be included in the Conditions of Approval. Chair Wilson seconded the motion MOTION: PC-18-2003 Commissioner Comstock made a motion to include Item 2, which was included in a memo from the City Engineer. Chair Wilson seconded the motion MOTION VOTE: PC-18-2003 Approved 5-0-0-0 MOTION: PC-19-2003 Vice Chair Addington made a motion to approve SA-03- 05, CUP-03-04, E-03-04, and TPM-03-01 with the amended conditions to include the indemnity clause for the adjacent residence on the provision that Staff checks with the City Attorney; delivery times and parking lot clean up times will not be permitted after 10 PM. Commissioner Comstock seconded the motion MOTION VOTE: PC-19-2003 Approved 5-0-0-0 3. CUP-90-06 (R8) Application to extend the time limit and to expand the days and hours of operation for the K&M Raceway so as to continue and expand its operation (Renewal of CUP- 90-06) APPLICANT: K&M Raceway, c/o Bobby Haney LOCATION: 22474 "A" Barton Road, Grand Terrace, CA 92313 RECOMMENDATION: Partial approval with conditions Associate Planner Lampe reported that the applicant has filed an application to continue operation of the raceway and has requested the days and hours of operation be expanded. The Applicant has not asked for specific times; however, the Applicant has requested to 8 add three additional operational days fo'r the raceway and to expand the hours on two of the days where he is already operating. The Applicant has reported that.his business is continuing to, grow. The business was purchased a few months after the last renewal was granted in 2001. Parking for the raceway is on the adjacent property to the west of the subject site. The subject building houses a hobby shop. Properties to the south and east of the site are also commercial uses. The property to the immediate north on the north side of Britton Way is a location of a proposed dental office and farther to the north is a convalescent home. To the east of the site are residences along Mt. Vernon Avenue. The site is located in the Village Commercial Category in the City's General Plan. Commercial properties to the south and southeast of the site also fall into the same category. The original site plan was approved by the City Council in 1990. This plan was also included in the approval that was brought before the Planning Commission in 2001. The Applicant has installed some landscaping in the front of the raceway on Britton Way; however, the irrigation for this landscaping has not been provided. The two areas of major concern are the noise and the hours of operation. The concern of the City Council that originally approved this project was the noise and its impact on the residential area on the east side of Mt. Vernon. There is a condition that was imposed that noise in the front yards of these homes could not exceed 55 decibels. To make a determination if this condition was being met, Staff borrowed a noise meter from the County Health Department. Staff went to the site at 9pm on two different Friday evenings. It was determined that the race operated within the 55 decibels as required by the condition. 'The general traffic on Mt. Vernon measured above 55 decibels. It was noted by Staff that on both occasions the traffic on Mt. Vernon is much louder than the noise from the raceway. The traffic'would frequently drown out the noise on the raceway. Certain vehicles would measure almost 75 decibels. Over the past two years, the Staff received complaints from the residents on the east side of Mt. Vernon with regard to the raceway noise. As noted, on two occasions measured the noise level and sent a letter to the applicant reminding him that he must comply with the various conditions as imposed by the Planning Commission, including the closing times on Friday evenings. It is the understanding of Staff that the Applicant has not been staying open late on Saturday nights because he is opening up at an earlier time, therefore allowing the races to end earlier in the evening. The matter was referred to various City Departments and County Agencies to see if anyone had any comments or concerns regarding the operation. The only comment received was from the Building and Safety Director in which some minor electrical repairs needed to be - done on the subject property. The request for additional days and hours of operation have been reviewed by Staff and it was determined that at this time Staff cannot support the request since there has been complaints from the residents across the street. Staff does recognize that this particular use does serve a needed recreational use for the community and the surrounding areas. The raceway has been in operation for the past 13 years and has been approved by both the City Council and the Planning Commissions. Staff is making a recommendation to renew this Conditional Use Permit for a one year period. The noise meter that was borrowed from the Health Department showed that although the raceway conformed to the 55 decibel condition, the noise from the cars are high pitched and can be irritating to the neighbors. The use of the public address system can also be bothersome. Staff recommends that at least one hour before closing time, a restriction be imposed that only electric cars can only be raced on the raceway. The electric cars are less noisy than the gasoline powered cars. Staff is also recommending decreasing the irritability from the noise from the public address system that it should not be used to announce the races after 10 PM. This cut-off time is consistent with the general intent of the City's Noise Ordinance to limit or restrict unwanted noise after 10PM. Lastly, there:have been no complaints with regard to the lighting, but a recommendation from Staff has been directed to the applicant that the lighting be shielded to direct it away from the residential areas. The Applicant has agreed to comply with this recommendation and will take steps to comply. The dirt field to the west of the subject site is being used for overflow parking. This event draws quite a crowd and it is recommended that the Applicant either pave the area for parking or take steps to surface the area to prevent dust or mud tracked on to the street. Associate Planner Lampe closed his staff report by recommending approval of the renewal of the raceway and approve the additional time, but along the outlines as presented. Chair Wilson invited the Applicant to speak before the Commission. Bobby Haney 28116 Eucalyptus Avenue Highland CA Mr. Haney introduced himself as the new owner of the K&M Raceway and thanked the Commission for letting him apply for the Conditional Use Permit. Mr. Haney reported that many young adults that do not have much to do come to the raceway, which provides a safe hobby for them to participate in. The young adults have been asking if Mr. Haney can open the raceway a few more additional days so that they may race or practice racing on the track. 10 Mr. Haney addressed the concerns with regard to the lighting and the public address system for the raceway. The lighting system covers the large racetrack and steps will be taken to shield the lights from the residential areas. It has also been noted that the public address system will be shut off at 10PM. There are three more races after 10PM, in which those races end at 10:30PM. The problem with the address system is that that drivers stand so far away from the announcer, that they cannot hear the racing status. To remedy the situation, Mr. Haney has proposed to shut 2 of the 4 speakers off leaving one inside the stand and below the racers and spectators feet so that they may be able to hear the status of the race and to also add monitors so that they may see the race as well. Mr. Haney reported that the existing condition does not allow him to open the gates before 6 PM, which makes it difficult for the contestants to set up in a timely manner to be ready and to finish the races in a timely fashion. With regard to the parking area, the owner of the property was contacted and Mr. Haney was given the approval to lease the area and improve it. Mr. Haney is requesting more hours so that the young adults who are currently out of school will have a safe activity to do during the day. During this time; no public address system will be used. Mark Miller Business Consultant Highland, CA Mr. Miller has been hired as Mr.. Haney's business consultant for the following year to assist in his business development. Mr. Miller stated that Mr. Haney is willing to work with the City to alleviate any problems or conditions that the City may have. The request of the Applicant is that the City allows him to enter the facility earlier to allow the racers to come in and set up. Penny Manzel 22658 Tanager Street Mrs. Manzel has been a City resident for the past 13 years, and is in support of the racetrack in which her middle school and high school age children participate in. The raceway hobby has become a family sport and her family is happy to be able to participate in it in the City. Frank Haney 28145 Eucalyptus Ave Highland CA Mr. Haney is supporting his brother, the owner of the raceway. Mr. Haney feels that when the proposed dental office is built, it will help in screening any noise the neighbors across � 11 the street. Mr. Haney commented that his brother is working very hard to make this raceway a successful business and invited the public to the races to see what it involves. Gil Sullivan 5695 Riverside Avenue Rialto Ca Mr. Sullivan has been attending the raceway for six years. His sixteen year old son started to race at the age of ten. Mr. Sullivan reported that they average 40 weekends per year at the raceway. as an enjoyable hobby. Mr. Sullivan noted that many improvements have been made at the raceway, and thanked the City for allowing the track to operate. Don Smith 12029 Mt. Vernon Avenue Mr. Smith reported that he was at the previous CUP renewal two years ago, and had stated his opposition.. Mr. Smith would like to state his opposition to'the racetrack because all of the race cars are noisy and irritating. Mr. Smith kept a log if the race track in which the noise would start at 3:00 PM in some instances, and ending 10:30 and 11:30PM at times. 'Mr. Smith feels that the racetrack is dated and has outgrown the attendance of patrons, in which a public address system must be utilized so that patrons can hear the status of the races because they are so noisy. Ron Talbert 2618 Flint Way San Bernardino Mr. Talbert reiterated with the public who are in support of the race track. Mr. Talbert has a young son who has been involved with racing for a few years, and is happy that his son is participating in a safe hobby. Leonard Tisdale Mt. Vernon Avenue Mr. Tisdale's Mother lives across the street and is in support of the racetrack and takes his children to watch the races. Mr. Tisdale agrees with the recommendations of staff with regard to the gas powered vehicles racing at earlier times, and the public address system limitation. Dee Dee Haney 28116 Eucalyptus Avenue Highland CA Mrs. Haney is the Applicant's Mother and wanted to let the Commission know that she has assisted her son with the business to make it more successful and to share and enjoy the hobby with others. -- 12 William Lasiter 4366 Newby Drive Riverside, CA Mr. Lasiter is in support of the raceway, and feels that this hobby is a better hobby for the youth rather than playing video games. He feels that a lot of engineering is involved with" racing which give the young adults a lot of knowledge and experience. The atmosphere at the raceway is family oriented and is happy to know who his son is racing with. Andrew Schroder 22821 Barton Road Mr. Schroder has been a volunteer at the raceway for some time and assisted in building the track. Mr. Schroder has helped with the improvements and has assisted to try to alleviate some of the issues by keeping trash and noise to a minimum. He feels the raceway produces revenue for the City with the eating establishments and is an excellent family environment. Chair Wilson closed the public hearing and brought the item back to the Commission for discussion. Commissioner Comstock stated that he takes his son to the racetrack from time to time and enjoys the hobby. Commissioner Comstock wanted to know who was notified with regard to the public hearing. Planning Associate Lampe replied that all owners within the 300 foot radius were notified of the public hearing. Commissioner Comstock reported that his son had fallen in. the parking area, and had injured himself on the dirt portion of the racetrack. He wondered if the lighting in the parking area had been addressed, for safety issues. Commissioner Bidney went by the site and felt that the location of the raceway seems questionable. Vice Chair Addington asked where the high pitched whine was coming from, the public address system or the cars. Associate Planner Lampe replied that it is coming from the gas powered cars which are louder than the electric cars. Vice Chair Addington asked if the Applicant was requesting that the public address system also be used during the requested extended hours. Associate Planner Lampe replied that Vice Addington's question would have to be answered by the Applicant 13 Bobby Haney 26116 Eucalyptus Ave Highland, CA Mr. Haney answered that the requested extended times would include practice sessions which do not require a public address system. There is not a possibility to race, because a lot of the racers do not get out on time to participate. The main reason for the extension of time .is so that the young adults have a little more activity over the summer season. With regard to Friday's, the 6:30 opening time still poses as a problem for equipment setup and race completion by 10:30PM. Commissioner Whitley asked if the dirt lot is owned by another party. Mr. Haney replied that a Mrs. Smith owns the property, and is in the process of signing a lease agreement for the property if the permit is extended. Chair Wilson brought the item back to the Commission for comment. Chair Wilson asked if the conditions that were imposed over the past 13 years with exclusion to the time frames have been met over the period of the Conditional Use Permit. Associate Planner Lampe replied that the Applicant had not put in the irrigation system on the site, as well as some minor electrical repairs. Chair Wilson feels that the Applicant should improve the parking area by possibly adding some type of rock or asphalt to improve the parking areas. Chair Wilson also feels that the issue with this application is a "good neighbor" problem. Providing that the Applicant should not follow the rules and conditions of the conditional use permit, his operations should cease. Commissioner Bidney: INAUDIBLE. Commissioner Comstock: INAUDIBLE. Vice Chair Addington felt that changing the hours of operation strictly for practice time would seem acceptable to him, but without the operation of the public address system. MOTION: PC-20-2003 ' Commissioner Comstock made a motion to approve the resolution to revise the Friday start time to 5:OOPM. Vice Chair Addington seconded the motion. MOTION VOTE: PC-20-2003 Approved 4-1-0-0 Chair Wilson voting no. MOTION: 14 PC-21-2003 Commissioner Comstock moved to approve CUP-90-06 (R8) and to include Staffs recommendations. a Vice Chair Addington seconded the motion. MOTION VOTE: PC-21-2003 Approved 5-0-0-1 Commissioner Bidney abstained ADJOURN SITE AND ARCHITECTURE REVIEW BOARD/PLANNING COMMISSION MEETING CONVENE PUBLIC WORKSHOP SESSION 9:45 PM • Information to Commissioners Discussion of future development of a vacant .79 acre parcel located on the west side of Preston Street, approximately 200 feet northerly of Palm Avenue, (12056 Preston Street). Associate Planner Lampe presented a report with regard to the future development of 12056 Preston Street, a vacant .79 acre parcel. The property owner had contacted the Staff with regard to the property which lies immediately adjacent to a two story apartment complex. A tract map was filed with the City in 1985. This map showed townhouse PUD type individual lots. The property owner is now seeking the best use in which he believes would be for residential purposes. However, five years after the tract map was recorded, the Barton Road Specific Plan placed the entire area northerly of Palm and westerly of Preston in Office Professional category which does not allow for residential type uses. A letter from the City Attorney states that there is no entitlement to build a residential project on the site, because the Barton Road Specific Plan was adopted five years after the tract map was approved. The property owner has approached the City on two prior occasions with regard to this parcel. In 1998, the matter was presented before the City Council for discussion. The Council concluded that the applicant or the property owner would have to file the proper applications and fees to change the designation from Office Professional to a Residential designation. In addition, there was an overlay district that was applied to all of the Office Professional zones, which suspended the non-conforming status for existing residential units in this category. The applicant along with his attorney had suggested that the City perform a similar action to include residential tracts recorded prior to the Barton Road Specific Plan was approved. It is Staffs opinion that a solution would be to provide for a mechanism for residential development in the Office Professional category through a Conditional Use Permit process. This is will also be in support of the approved Housing Element in the General Plan which discusses Residential uses in the commercial category of the Barton Road Specific Plan. r 15 Vice Chair Addington commented that in reading the letter from the City Attorney, the property cannot be developed as residential use. The revised Barton Road Specific Plan is near to completion within a month to two months time, and it is his opinion that this project should wait until after the revised Specific Plan is approved. Chair Wilson asked if it is Staffs recommendation to amend the Barton Road Specific Plan for this project. Planning Director Koontz replied that it is Staffs opinion that it would be the fastest way to possibly assist with the applicant on this piece of land. Commissioner Whitley asked would it make more sense to modify the Barton Road Specific Plan to change the zoning with respect those particular parcels; that way the applicant will not have to apply for a Conditional Use Permit. Planning Director Koontz replied that it would be beneficial to the City and the applicant to amend the Barton Road Specific Plan. Chair Wilson agreed with the Staffs recommendation to allow for Conditional Use Permits on a case by case basis for these types of special circumstances. Chair Wilson also added that he feels that it would be beneficial to let the public participate in the amendment process. Barton Road Specific Plan recommendations Planning Director Koontz reported that three of the five Commissioners have provided input with regard to amending the Barton Road Specific Plan. EIR for the Outdoor Adventure Center Planning Director Koontz also reported that the EIR has been started for the Outdoor Adventure Center, and should be brought before a public hearing in January of 2004. • Information from Commissioners None ADJOURN PUBLIC WORKSHOP SESSION 10:00 PM. NEXT PLANNING COMMISSION MEETING TO BE HELD ON JULY 17, 2003 Respectfully Submitted, Approved By, Gary Kdontz, Plarging Director Doug Wilson, Chairperson Planning Commission 16