02/01/1996GRAND TERRACE PLANNING COMMISSION
MINUTES OF REGULAR MEETING
FEBRUARY 1, 1996
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 February 1,
1996 at 7:00 p.m. by Chairperson, Doug Wilson.
PRESENT: Doug Wilson, Chairperson
Matthew Addington, Commissioner
LeeAnn Garcia, Commissioner
Moire Huss, Commissioner
Fran Van Gelder, Commissioner
James Winkler, Assistant City Attorney
Patrizia Materassi, Community Development Director
Virgil Barham, Building & Safety/Public Works Director
Steve Faris, California Department of Forestry and Fire Protection
Larry Mainez, Planning Technician
Hally Cappiello, Planning Intern
Glen Krieger, Planning Consultant
Pat Peterson, Community Development Department Secretary
ABSENT: Jimmy Sims, Chairperson
Ray Munson, Commissioner
6:05 P.M. CONVENED PUBLIC WORKSHOP SESSION
Economic Development Workshop presented by Steve Gibson, President of the
Riverside Downtown Association. Mr. Gibson gave a slide presentation and a handout
was distributed to those in attendance: "Public/Private Partnerships, Organizational
Options, Thoughts on Grand Terrace". Time was also made available for a question
and answer period.
PRESENT: Byron Matteson, Mayor
Dan Buchanan, Council Member
Herman Hilkey, Council Member
JoAnn Johnson, General Plan Task Force Member
Phyllis Sternberg, General Plan Task Force Member
Bill Bartel, President -Elect, Chamber of Commerce
Chuck Collier, President, Chamber of Commerce
Don Larkin, Chamber Member
7:05 P.M. ADJOURNED PUBLIC WORKSHOP SESSION
1.197.111 ��� 1 1 1 I
Call to Order
* Pledge of Allegiance by Commissioner Matthew Addington
* Roll Call
Public address to Commission shall be limited to three minutes unless extended by
the Chairperson. Should you desire to make a longer presentation, please make
written request to be agendized to the Community Development Director.
PUBLIC PARTICIPATION: None.
ITEM#1
PLANNING COMMISSION MEETING MINUTES - JANUARY 4, 1996
MOTION
PCM-96-04
PLANNING COMMISSION MEETING MINUTES - JANUARY 4, 1996
Motion by Commissioner Van Gelder to approve Planning Commission meeting
minutes of January 4, 1996.
Motion seconded by Commissioner Huss.
MOTION
VOTE
PCM-96-04
Motion carried. 5-0-2-0. Chairperson Sims and Commissioner Munson absent.
ITEM #2
CUP-95-06/SA-95-15
BROWNING-FERRIS INDUSTRIES dba LOMA LINDA DISPOSAL
AN APPLICATION FOR A PERMANENT CONDITIONAL USE PERMIT, SITE AND
ARCHITECTURE REVIEW AND ENVIRONMENTAL EVALUATION OF A
MATERIALS RECYCLING FACILITY TO PROVIDE MATERIAL PROCESSING
CAPABILITIES FOR LOMA LINDA DISPOSAL.
21516 MAIN STREET, GRAND TERRACE, CA
Commissioner Addington announced he would be abstaining from the participation and voting
on this agenda item.
Staff report presented by Glen Krieger, Planning Consultant. Staff recommended approval of
the project subject to proposed conditions of approval.
Chairperson Wilson inquired about condition #9 relating to requirement of filing a parcel maps
He asked if the same thing could be accomplished with a covenant to hold the two parcels as
one parcel. Glen said the issue is more complicated. Although a lot merger is possible there
are a number of improvements conditioned by the County of San Bernardino in the 1970s
when these two parcels were created. Some of those conditions were never complied with and
the property has changed hands numerous times. There are still a number of important
improvements outstanding and the City desires those improvements be made within a short
period of time.
Virgil Barham, Building & Safety/Public Works Director explained improvements need to be
made to the property to the sanitary sewer system, water requirements need to be met and
street dedications need to made with full improvements. These upgrades would bring the
project site into full compliance with public works requirements. These upgrades would be
accomplished as part of the parcel map requirement.
Commissioner Huss expressed concern about the lack of proposed lighting and the security
plan related to the north side of the northernmost building. Director explained the
Commission has the authority to impose further conditions regarding additional lighting
requirements.
Director Materassi introduced Captain Steve Faris of the California Department of Forestry
and Fire Protection to the Planning Commission.
Applicant was invited to address the Planning Commission.
Gary Koontz
Browning -Ferris Industries
10412 Richardson
Loma Linda, CA
He said the firm as reviewed the staff report and proposed conditions of approval and
agrees to all conditions as submitted. Regarding the security lighting, he said the
company is very concerned about security and adequate lighting. Lights will be added
as needed and on -site security personnel will be there during "off hours".
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Commissioner Van Gelder asked if there will be strictly commercial recycling. Mr. Koontz
replied the project has two components. The first is actual sorting and processing of
commingled recyclable material. The primary focus of this facility will be fiber (mixed paper)
sorting. The second component is a drop-off or buy back service where residents can sell
newspaper, cans, etc. He deferred further discussion of how this facility will benefit the City
of Grand Terrace to Steve Berry, General Manager of Browning -Ferris Industries.
Steve Berry
Browning -Ferris Industries
10412 Richardson Street
Loma Linda, CA
He explained AB939 passed in 1989, requiring cities to reduce trash by 25 % by 1995
and 50 % by the year 2000. In order to comply with the 50 % requirement for Grand
Terrace and Loma Linda the recycling material must be increased. Fiber material
represents the largest component of residential waste. Cardboard, chipboard and junk
mail will be the main targets of this increased fiber material processing.
Commissioner Van Gelder asked if the number of residential recycling bins will increase. Mr.
Berry replied there will still be only one bin per household.
7:28 P.M. OPENED PUBLIC HEARING
Adam Ornelas
16 Highland Avenue
Highgrove, California
Said he has lived there 35 years and lives directly across the street from the proposed
facility. Said there were tremendous problems with blowing newspapers when Central
City Recycling was previously at this location. He said he wrote letters to various city
officials complaining of the noise created at the facility. Another concern was citizens
who bring shopping carts full of recyclables and leave the carts and trash in the
surrounding neighborhood.
Commissioner Huss asked if Mr. Ornelas has concerns about the proposed hours of operation
of the new facility. Mr. Ornelas reviewed the proposed business hours. He also expressed
concern about the degrading of surrounding properties because recyclers are not clean -they do
not add to the neighborhood.
Louis Mejia
61 Highland Avenue
Highgrove, California
He said he is concerned about the undesirables bring recyclables to the facility. They
leave shopping carts and whatever they do not sell in the streets, gutters and on lawns.
Another concern is dust created by truck traffic.
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Richard A. Barnett
Chair, of Riverside County Service Area #126
474 Prospect Avenue
Highgrove, CA 92507
He said their main concerns are potential noise and blowing paper problems. He asked
for assurance from BFI that they will be responsible for not only the inside of their
boundaries but the shopping carts on the street and keep the surrounding area clean.
He asked if there will be after-hours maintenance performed at the facility which will
produce noise during night time hours.
Director Materassi said according to the proposed hours of operation the applicant has agreed
with, the property and facility maintenance are to be conducted during the day time hours,
9:00 p.m. is the latest. Director said the project has been conditioned in case the noise
exceeds ambient noise levels then the applicant is required to provide mitigation measures.
Glen said condition #17 specifically addresses noise produced by maintenance and testing of
equipment which starts before 7:00 a.m.
Mr. Barnett asked for the name of a specific person to contact in the event a problem
develops involving the concerns he has just expressed.
Director Materassi suggested contacting BFI directly and if the problem is not resolved then he
should contact the City. Glen said the applicant has agreed to screen the open areas around
the block wall to prevent papers blowing into the neighborhood during times of high winds.
Mr. Barnett asked if the gates will be open during business hours, as the noise created
by the gates opening and closing to allow entrance of trucks is objectionable.
Frank Garza
44 Highland Avenue
Highgrove, California
He said he is concerned about the promises they heard about the previous projects over
the years. The noise caused by movement of steel storage containers shook and
vibrated the houses. He also complained of blowing paper in the past and people
trespassing on his property to clean up the papers. He said residents attempted to deal
directly with the previous recycling firm at this location and they were nonresponsive
to the citizen complaints. He also complained of the noise of large trucks arriving to
deliver large containers of recyclables during night time hours; the noise of the gates,
the containers being off-loaded and reloaded. Another problem was the burglar alarm
being set off on a regular basis. He said the sheriff's office eventually stopped
responding as they apparently were false alarms.
Mr. Koontz returned to the podium to address the concerns of citizens. He explained BFI is a
customer service oriented company with the goal of keeping their customers happy. He said
the entire building will be fenced with gates to avoid blowing paper. The intent is to leave the
materials gates open during business hours except in windy conditions when the gates will be
closed to prevent papers escaping into the neighborhood. The opening of the building facing
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the residents will be sealed off. There will be no operations in the alley between the building
and wall. That area will be strictly to drive the transfer trucks to the loading dock. Regarding
the noise issues the intent is to do maintenance primarily during normal daylight business
hours. He said BFI will be responsible to clean up the area adjacent to this property of
materials left by their customers, and if a problem develops regarding undesirables the buy-
back facility will be closed. They are planning to have on -site security to avoid the situation
with burglar alarms going off. An alarm system will probably be used in the office buildings
for security. If the alarm repeated goes off he said they will look at changing the system.
Chairperson Wilson asked what BFI will do to handle the dust and vibration issues. Mr.
Koontz said they expect very little dust from this commingled paper, cans, bottles, etc. He
said they are inspected on a regular basis by the Health Department so a dust problem will be
handled quickly. Dust from traffic should not be a problem because the entire operating area
where trucks will travel is paved in concrete. The parking and drive -around areas will be
paved in asphalt. He said 85 % of the site will be paved in asphalt and concrete. The bin
storage area will be rejuvenated with more gravel. He said if dust in the public right of way
adjacent to the facility becomes an issue it will be taken care of.
Commissioner Huss asked about moving steel bins and the subsequent noise factor. Mr.
Koontz said that activity is not anticipated. She asked again about the gates. He said the gates
will be closed unless there are maintenance activities taking place. She asked about the "daily
clean-up". He said their intention is to keep the facility clean on a daily basis to avoid
blowing paper into the surrounding neighborhood. He said goal is to clean the tipping floor at
the end of every day to avoid a fire hazard as well as blowing paper. Regarding the alarm she
asked if they would consider updating the alarm to a silent alarm. Mr. Koontz said they want
an emergency response alarm which does not annoy residents.
Commissioner Garcia asked if the delivery trucks are open box trucks. Mr. Koontz said they
are required to be covered or enclosed. He said BFI would rather know from the residents
when a problem exists so BFI can address the problem and be good neighbors.
Director Materassi told the Commissioners there were no air quality review or any health
department agencies on the previous CUPS for this property. Those agencies were notified of
this proposed project and no comments have been received regarding dust or other health
concerns requiring conditions.
Kathy Cochran
393 Murphy Ave.
Highgrove, California
Said she is on the Highgrove board of County Service Area #126. She asked if it
might be possible for the Planning Commission and advisory board to visit an existing
BFI facility.
Director Materassi said it would be possible if the Planning Commission decides they require
that site visit to have enough information to approve the project.
Chairperson Wilson told Ms. Cochran he will take her suggestion under advisement.
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8:05 P.M. PUBLIC HEARING CLOSED.
Mr. Koontz explained they do not currently have an existing facility that does the same type
work. They currently send recyclables to competitors in this area.
Commissioner Huss said she feels comfortable working with BFI and with the idea that this
will be a neighborhood agreement. She said she is glad this will not be a 24 hr. operation.
MOTION
PCM-96-05
CUP-95-06/SA-95-15/E-95-15
Motion by Chairperson Wilson to add as condition #20, appointment of a single
contact person at BFI in the event of complaints or problems. Also, add as condition
#21, BFI shall maintain the public areas south of the property.
Motion seconded by Commissioner Van Gelder.
MOTION
VOTE
PCM-96-05
CUP-95-06/SA-95-15/E-95-15
Motion carried. 4-0-2-1. Commissioner Addington abstained. Chairperson Sims and
Commissioner Munson absent.
MOTION
PCM-96-06
CUP-95-06/SA-95-15/E-95-15
Motion by Commissioner Huss to approve CUP-95-06/SA-95-15 and E-95-15 with
amended conditions.
Motion seconded by Commissioner Van Gelder.
MOTION
VOTE
PCM-96-06
Motion carried. 4-0-2-1. Commissioner Addington abstained. Chairperson Sims and
Commissioner Munson absent.
8:15 P.M. FIVE MINUTE RECESS.
8:25 P.M. RECONVENED MEETING
Chairman Wilson: We are ready to reconvene the Planning Commission Meeting.
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ITEM #3
DU-95-02
LARRY HALSTEAD
AN APPLICATION FOR DETERMINATION OF USE, TO ALLOW OUTDOOR
WEDDINGS, RECEPTIONS, FAMILY REUNIONS, CLASS REUNIONS, SEMINARS,
CIVIC FUNCTIONS, RELIGIOUS CEREMONIES, NATURE TOURS, ETC., IN A
RESIDENTIAL (R-2) ZONE.
21894 VIVIENDA, GRAND TERRACE
(These are verbatim minutes as requested by the Community Development Director).
Is there a staff report?
Director Materassi: Yes, Mr. Chairman and Commissioners before the staff report, I'd like to
mention the applicant requested to submit some additional material.
Chairman Wilson: I understand the applicant has some material to distribute to the Planning
Commissioners. This is a Determination of Use hearing and we have no problem receiving
the material. The only difficulty we have is that it will most likely be impossible for us to
review it. If you wish us to review these materials in relation to this action, then it might be
appropriate to continue this matter. If not then we will submit it for the record and use that
information for later reference. Please give the City Attorney the materials for review then we
can proceed.
Mr. Winkler, Assistant City Attorney: I did put on the desk before the Planning
Commissioners two documents which the Counsel for the applicant has requested that I submit
to the Commissioners. Out of courtesy I told her that I would give you these documents. One
is the September 28, 1995 letter which is really the application for Determination of Use and
the other is the October 11, 1995 letter which is in response to certain information requested
and the submission of certain information requested from the Community Development
Department to complete the application. If you look at the staff report, most of the substance
of these letters is already quoted in the staff report itself. As far as these letters are concerned,
there's really nothing that's not already in your staff report. There are a couple of allegations
made by the attorney in legal positions also in there. If you want to take a look at that I would
say I would give you those. (Assistant City Attorney continued reviewing documents
submitted.)
(Pause while Commissioners read documents submitted by Assistant City Attorney.)
Chairman Wilson: Can we continue with the staff report?
Director Materassi: The City Attorney is still reviewing the materials and will give us an
opinion if we are to accept the material at this meeting or if the Planning Commission would
need to continue the meeting, if the applicant requests. This is not a public hearing. The
neighbors have not been noticed. The City Attorney knows that and he is evaluating if this
material is in conflict of a meeting that is not a public hearing. If it is not, then we can not
address it at this meeting and it could not be addressed on a continuance either. There is the
�" possibility that some of this material could be reviewed today.
C
Mr. Winkler: As far as the letter in the envelope is concerned, it is basically a four -page
position letter of the attorney for the applicant. Three pages plus a paragraph on the fourth
page. The first part notes that the other letters I referred to before were not specifically
included in the report and notes that she talked with me on this matter and said I would give
you these letters, and I have done so. Then the rest of the letter addresses the issues in the
staff report and you can either read the letter or listen to the applicant. I assume you are going
to give the applicant an opportunity to be heard and in effect he would be reading the letter
himself. He's basically having his attorney say in writing what he would be saying verbally.
I don't really see any harm in reading the letter or having the applicant read it. As far as
whether any residents like this proposed use at this location, is not really that relevant to this
particular issue today. This is a Determination of Use, which really goes for the entire zone,
not just one particular piece of property. It is an issue of whether or not the proposed use is
appropriate or can be anywhere in the zone per current code. If you decided in the negative
then he cannot apply for a conditional use permit under this particular zone unless he goes for
a zone amendment to change the zone or an amendment to the zone which actually lists the use
in the zone. If you decide in the affirmative that this type of use is contemplated in the listed
uses and is similar enough that it was the intent of the code to include this type of use then
there is a second step for this particular piece of property, assuming that it is in the category of
the conditional use permit, he would then come back with the conditional use permit
application and the fact that you determined in the positive today doesn't mean one way or the
other whether or not this particular piece of property is appropriate or not. Any favorable
comments from neighbors really goes, or lack of favorable comments from neighbors, because
I understand there have been some unfavorable comments, that really goes to the issue of a
conditional use permit, if and when that ever gets to you. Receiving it, there is no harm, but
it's not really relevant to you today.
Chairperson Wilson: So we will direct the Planning Commission members to consider the
materials that we received from you so far, including previous letters from the applicant's
attorney, in relation to the actual action here, and that's the Determination of Use. Is that
correct?
Mr. Winkler: Yes.
Chairperson Wilson: Thank you. Let's continue the staff report.
Director Materassi: I'd like to mention to you that what the City Attorney presented is
basically my staff report. In addition, a portion of the materials received today from the
applicant is not relevant to today's meeting. Depending on what happens today, it may be
relevant at the next meeting. However, the Assistant City Attorney says it does no harm for
you to read the letter in the envelope from the applicant's attorney today, because apparently it
has to do with what the applicant is going to tell you.
I'm going to read some portions of the report and summarize others. In terms of
environmental review, this use is subject to CEQA, so in case the applicant comes back to you
in any form or fashion it will need an environmental review.
E
The zoning is R-2 Low Density Residential. The surrounding areas are R-2 with exception of
one parcel to the north which is an Industrial area is down the bluff. All surrounding existing
land use is single family. You see, there is a difference between zoning and general plan
designation and actual or existing land uses. One is zoning and general plan uses which the
City would like to have in those locations; the other is what is out there right now. The
general plan would like to have R-2, Low Density Residential, single family and low density
multi -family. What is there right now is single family units, which the City is trying to rehab
and upgrade. We have a rehab house right across the street on Vivienda.
Background: The Determination of Use usually in most planning departments is done by a
zoning administrator, a senior planner or planning director. In Grand Terrace many of our
procedures are very strict and they need to come before the Commission so you have that
authority to make that determination. So basically, your role here is to evaluate the subject
use in comparison with other uses permitted in the district and make a determination if the
subject use fits in with the other uses specifically listed. Was the intent of the current code to
allow this use in the residential area or not? That is what you are asked to decide today.
I'd like to read a portion on page 2. Determination of Use consists of a motion of the
Planning Commission finding the subject use similar or not in nature and intent to one or more
uses listed in the district and whether or not a conditional use permit would be required. This
motion should be either in the negative or positive, include factual findings to justify the
determination. As listed in the text in italics the determination of use shall not be used to add
any new uses to our code. It is only to be used to allow processing of similar uses which are
not specifically listed. I don't know if that is clear to you but hopefully it will be by the time I
end the report.
As I mentioned, this is not a public hearing so the property owners in the 300' radius area
have not been noticed. Only the seven complainants who had requested to receive notice have
been advised of this meeting. They were told they would not necessarily be able to speak.
There are some examples during the last two years to illustrate Determination of Use cases
submitted and approved by the Planning Commission. They are all located in
commercial/industrial areas and categorically exempt from environmental review. They are as
follows:
a. Drop off dry cleaners - The use listed was a full operation dry cleaners. The code did
not specifically say drop off so we brought it to the Planning Commission and the
Commission found the project to be similar to full scale dry cleaners. You would drive
through and drop clothes then they send the clothes to another facility which cleans
them. It's basically a dry cleaning office. The dry cleaning is not done at the site.
Because it was at Town & Country Center we needed the Planning Commission
approval. The Commission determined the use is similar and less intense so it was
approved. It was determined that the intent of the Barton Rd. Specific Plan was to
allow dry cleaning facilities and because the facility doesn't include any environmental
issues it did not require a CUP.
! b. Another was a telemarketing fund raising service for veterans of war. It was not
specifically listed in any portion of the Barton Rd. Specific Plan, but the Planning
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Commission found it was similar to office support and financial services which were
specifically listed in the Barton Rd. Specific Plan. This project was approved and did
not require a CUP.
C. Another one was a massage technician -a medical clinic for a chiropractor. It was not
listed specifically in the code, but again, the Planning Commission found that use
similar in nature and intent with health clinics, which was specifically listed. It was
approved without a CUP as health clinics did not need a CUP.
These were three of the previous Determinations of Use. Usually we have not used
Determinations of Use for high impact projects. It has never been done in a residential area.
In terms of the description of use. That's in one of the letters that Mr. Winkler submitted to
you. It describes the use from the perspective of the applicant. We basically quoted the whole
letter to you. The use proposed is an outdoors assembly type of use. The applicant proposes
this use to include outdoor weddings, wedding receptions, family reunions, class reunions,
seminars, city functions, religious ceremonies and nature tours. It's more than outdoor
weddings. In planning that is classified as general assembly uses.
They say the maximum number of people would be 250. They are requesting to have at least
one event per day. They state service of food and alcohol is proposed to be provided by
outdoor caterers, not through themselves. Fliers (attachment B) describe the various packages
and costs available. I also requested them to submit for your review their policy on disc
jockeys. This explains in more detail the scope of the proposed use. Our code describes the
uses allowed in the residential district. It says "all activities associated with the proposed use
will be proposed outdoors, except for restroom and changing facilities which are provided in
the existing residence." The proposed property contains an existing residence, detached
garage and studio, detached studio deck an elevated gazebo and a parking lot area. It is an
outdoor general assembly type of use.
I'd like to take you through our residential R-2 list of permitted uses. What we did is list the
uses as they appear in the code. In front of that it says "P" if they are permitted through a
normal site & architecture review or CUP. If it is a normal Site & Architecture it says "I"'.
If it is through a CUP is says "C". For the information of the Commission, normal Site &
Architecture has three levels: it can be done over the counter; through a land use review if the
project is very small and done at the administrative level; and it can be brought to the
Commission as a Site & Architecture Public Hearing. A CUP always comes to the
Commission. Each of these uses is either permitted through one of the three levels of Site
and Architecture, or through a CUP. The next column is "Types of Projects/Uses/Nature of
Uses and Intent Per Code". Under that type of use these are the types of projects we receive
and that is the intent of the code. The next column is "Similarities with Subject Use" (staff's
analysis). I'm going to read our findings for you. You need to evaluate these findings to see
if you agree with them. Staff is recommending the Planning Commission support staffs
findings which determined the proposed use is not similar in nature and intent with other uses
specifically listed in the district.
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Now I'll read to you the fmdings:
The first use is "Single Family Detached". Is there any similarities with this proposed
use? No.
The second use is "Single Family Attached (duplexes and triplexes)". Is there any
similarities?
No.
Multi -Family Dwellings (Planned Unit Developments). Are similarities with condos
and townhouses?
No.
Mobile Home Park. Installation or remodel of mobile home park. Are there
similarities with proposed use?
No.
Chairperson Wilson: Excuse me, Patrizia, I don't think we have to go through all of the items.
We can take a couple of minutes to re -review the various items for the Planning Commission.
Director Materassi: I would like to highlight the ones which have some type of question, if
that is possible.
Chairperson Wilson: Let's skip on down past the "nos" then. Get to the one that says "yes".
Director Materassi: O.K. Home Occupations; Regulates all Home Business activities which
bring no customers to the house. Are there similarities to Home Occupations? Yes. There is
similarities to Home Occupations because the subject is business out of the home. However, it
brings 250 customers to the house, whereas, our Home Occupations do not allow any
customers to the house. It is a similarity but it voids itself, by the fact that the characteristics
of the use do not meet the ordinance.
The other use that has similar impact is the church uses. Church uses are also considered to
be assembly type of uses, however our code does not specifically list general assembly uses.
Examples of general assembly uses can be card clubs, banquet facilities, night clubs,
restaurants, stadiums. You can imagine if the Planning Commission finds that this use is
similar to churches, therefore similar to all the other general assembly facilities it is like
opening a can of worms. Basically, all of these other uses would be indirectly considered
permitted in the residential area. Once you say one type of assembly use is similar to churches
and the intent of our code is to allow churches plus all of these other assembly uses you are
indirectly stating that the intent of the residential code is to allow assembly uses like
restaurants, stadiums and the like, as well. I want to make that clear to you.
I'd like to highlight to you that churches sometimes have significant impact on neighborhoods
however most neighbors accept impact from church services. The more accessory uses at
churches, for instance, schools and other types of uses, the more complaints we will receive.
At this time if you check the complaint log you will see we vary rarely have complaints
involving churches. We have very many complaints about Home Occupations, complaints
about business out of the house. That is another item I want to show you how different those
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types of uses are in nature. One is a "for profit" business, a commercial business and the
other one is a non-profit organization which is there for the spiritual growth and benefit of the
worshipers. That is another difference. The third difference is that they are proposing an
every day service. Churches usually meet only once a week. This would increase the
intensity of the use tremendously. At least in Grand Terrace churches don't have a lot of the
accessory uses like outdoor weddings, alcohol. The final thing here in terms of comparing
churches is the fact that churches are permitted in the residential area with a minimum of three
acre sites. This particular site would need to have a zoning amendment if it is considered
similar to a church because it does not have three acres. The three acres is to mitigate the
impact of the church. This is one of the uses that could have the most similar impacts,
however, the nature and intent of the churches, in staff's opinion, is completely different than
the proposed use.
We also have outdoor recreation facilities that one could argue are similar to what applicant is
proposing, however, on the residential area the intent of the code is to allow swimming pool
houses, recreation rooms, hobby rooms for the family. Not for assembly uses and not for
large numbers of customers with the level of intensity that this would have potentially on an
everyday basis. According to staff's opinion this use is not similar to any of the other uses
listed in the residential district in nature and intent. For example in the CM district, it does
say "assembly uses". If it were the intent of our code to have assembly uses of this nature or
others like stadiums and large restaurants, restaurants, night clubs in the residential area it
would be stated so. We feel very comfortable that the intent of our residential ordinance is to
keep our neighborhoods very safe, quiet and not mixed with commercial uses. You can see
how strong our home occupation ordinance is. I believe that the way the code is written now,
this use does not belong in the residential area.
The recommendation of staff is that the Planning Commission consider our evidence and staff
findings and determine that the use is not similar in nature and intent with other uses
specifically listed in the code. This concludes my staff report. We do have some
recommendations from the other departments which could be used in further planning
approvals if necessary, but they do not necessarily apply to this particular determination. I
will be glad to answer any questions.
Chairperson Wilson: Are there any questions for staff?
Commissioner Addington: On this Determination of Use, is this for a permitted use, a
conditional use or am I putting the cart ahead of the horse?
Director Materassi: That is your determination because the Determination of Use is for you to
look at the uses allowed in the code as written right now and determine if this use is similar.
If you feel this use is supposed to be allowed, then you need to determine if it should be
allowed through a CUP or just a Site & Architecture.
Mr. Winkler: If for example you believe it is similar to a church use that requires a CUP,
then they would have to come back for the CUP. If you feel it is similar in nature to multiple
family units, that is a permitted use, then there would be no necessity for a CUP.
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Director Materassi: In the past when the Planning Commission found a use similar they
required a CUP, however if the use proposed was of different intensity and impact the
requirement could change also. Even if you find the proposed use is similar to a use that now
requires a CUP you could delete that CUP or you could keep it. It is your determination. If
this use is found to be similar to churches a CUP could not be submitted right away because
we have a requirement for a zoning amendment because there is a requirement for three acres
minimum which is a use restriction. It is not a variance item, it is a use restriction so you will
need the zoning amendment in this case.
Chairperson Wilson: Commissioner Garcia.
Commissioner Garcia: Patrizia, if we do determine that it is a use that is accepted we are not
then saying that the door is open for this to happen "as is". It will always have to come to us
for determination if someone else comes with another proposal and wants to do this sort of
thing, right?; it's not like setting a precedence for which projects do not need to be reviewed.
Chairperson Wilson: Basically, what it's telling you here is that there are some permitted uses
and some CUPs. If you determine one of them is similar to a use requiring a CUP use then
there are also other restrictions you have to look at in relation to that, but then the applicant
would be required to submit an application for a CUP.
Director Materassi: The point is if you find this use similar to churches then from now on
every time there is someone who comes to the counter saying "I want to have this use in an
industrial area, can I have it?", for example an assembly use like a card club. Right now
general assembly uses are not listed in the residential district. If you find that this general
assembly use is similar to churches you are considering that from now on if I have a proposal
at the counter on general assembly uses I will need to consider that use permitted in the
residential district, either subject to a CUP or a Site & Architecture.
Commissioner Garcia: But it would have to come back to us?
Director Materassi: Only if it is of a large scale. If it is subject to a CUP or if it is a large
scale item which requires a Site & Architecture with a public hearing.
Commissioner Garcia: If anything is similar it's the church, which requires a CUP.
Everything else is out of the question.
Chairperson Wilson: Are there any other questions of staff? I've got a couple. Can you tell
me if in any way this use is similar to a Home Occupation?
Director Materassi: Yes, because it is a business out of the home.
Chairperson Wilson: With home occupations there are some serious restrictions on parking
requirements and you really can't run a business out of the home unless it is the person who
owns the home and they are the ones running the business and they use their personal vehicles
for the business.
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Do we have any other uses in the R-2 zone that typify this use? A large assembly situation in
an R-2 zone in the City, as a precedent for this?
Director Materassi: None that I know of .
Chairperson Wilson: Assistant City Attorney, do you know of any?
Mr. Winkler: No, I don't know of any. I think the issue the applicant's attorney hit on is the
church issue and I think you noticed that is the one that I think causes the concerns. Churches
often hold weddings, therefore why isn't this similar? The reverse of that is on Saturday night
I'm going to have a spaghetti dinner at my church. Does that mean that restaurants are
automatically O.K. in an R-2 zone by the same logic? Many functions that churches could
have are those now open to the R-2 area? I think the staff report's position was "no" that is
not the intent of our current code. To open it up to all sorts of general assembly type of
conduct. On the other hand I'm sure the applicant and his attorney are saying that a wedding
is a wedding and it is similar in use so that is the issue that is before you. The staff's
recommendation I think is very plausible and if you accept it and make that finding based on
those facts it would be supportable. If the applicant persuades you otherwise, that it is similar
use to a church, you will have to make that finding to support it. Then again if you go that
direction then the applicant would have to come back and it is not at all clear that they would
be able to get a CUP with the size of the lot, and you'd have everybody coming in, residents
on both sides, making their pitch at that point in time. If you decide against the applicant and
it is not an appropriate use under those listed then the two avenues to go would be to a
traditional zone change which is very cumbersome and not likely changing it to a CM or
something, that would affect the entire zone; or to actually change the R-2 list of permitted
uses including weddings as a permitted use. That is a possibility that could be done but it is a
separate procedure and in fact it is a zoning amendment.
Director Materassi: I'd like to make a comment. Another procedure possible as the Assistant
City Attorney stated is for the applicant to amend the R-2 zoning district to make this use
permitted. In that case the list of uses would not just include single family and churches. It
would also include general assembly uses in the R-2 district. The bottom line is should we do
a zoning amendment to add this use or do you think this use is already allowed under the
churches broad sense? Staff's position is that if the intent of the code was to allow general
assembly uses it would be listed already. Staff feels that this is a new use that was not the
intent of the code because it is a general assembly use. If it were the intent of the code to
allow it would already be listed. Churches are required to have three or more acres. It is very
specific. Staff feels the intent of our code is not to allow general assembly uses in the
residential area. This would allow the doors to be opened for stadiums, night clubs and
restaurants as well.
Chairperson Wilson: Commissioner Huss
Commissioner Huss: The only thing in town I can think of that relates to this is the senior or
community center. What is their zoning?
Director Materassi: That is residential however, all the public facilities are listed in the R-2
residential district. It says "public parks and playgrounds, public facilities and quasi public
15
facilities, non-profit corporations." The R-2 district allows public facilities. The difference is
the proposed project is a for -profit business run out of a home versus a public non-profit
organization. Churches and schools have been allowed in neighborhoods since zoning started
because the neighbors accept the impact of those facilities better than they accept those of
someone making a profit.
Commissioner Huss: On public facilities, the senior center or community center, they could
not hold a wedding?
Director Materassi: They could do a special event permit. It could not be done every day.
Chairperson Wilson: Commissioner Garcia.
Commissioner Garcia: I see this as something I need a lot of input from the attorney on. The
way I see it, it is procedural thing. It's a matter of the way everything is written. Personally,
I would like to see it work. I understand the constraints we have. I don't want to set any kind
of precedent that I'm saying I want general assembly uses in residential areas. That's not what
I'm saying. I think this use proposes very specific and individual things. That's why I was
asking the attorney is this something that would be a case by case issue if we did go that route
under the churches? They would have to come back to us for a CUP, right?
Mr. Winkler: Yes, it would have to come back as a CUP application. Basically you are not
making a decision today on a particular piece of property. However, you are making a
decision what would affect the entire zone and everybody that comes in in that zone could
make an application based on that. It would be a CUP so each time on a case by case basis
after today if you did approve the application by the applicant then each time anybody comes
in it would be on a case by case basis.
Commissioner Garcia: We're not categorizing it as a general assembly use in this case are
we?
Mr. Winkler: What staff is saying is that if you adopt the logic that because a church does this
function that the same logic would also apply for similar types of functions that churches do.
The staff would feel restrained to again look at restaurants as CUPs even though they are not
allowed, just because you can argue that that is the type of thing the church does, have dinners
and things like that, or bingo.
Commissioner Garcia: Are we saying that the proposed use is similar to one of these uses or
we actually have to choose that it is ...
Mr. Winkler: That it is similar in use and that it was the intent in passing the R-2 zone that
this kind of use was intended even though not specifically listed.
Commissioner Garcia: Which it probably wasn't. When you write a code like this you don't
think of every single possibility.
Mr. Winkler: This procedure was allowed to say just because something wasn't specifically
listed if it is similar in use and the Planning Commission and Council believe it was the intent,
IGol
because it is similar in use, then this is the procedure to say this use is good. You are looking
at the intent based on similarity. You and the applicant cannot use this procedure to add
something that was not the original intent. There is another procedure they need to go
through.
Director Materassi: Right, so basically, if you find this proposed use similar to churches you
are finding that assembly uses are similar to churches. Tomorrow if someone comes into the
office to say they are interested in building a stadium in a residential area I will need to accept
the application for normal CUP process. Instead, if you find this use is not similar I will tell
the stadium they need to amend the zoning code to add the assembly use into the list of R-2
district residential uses. If you say assembly uses are meant to be in residential areas, they are
just not specifically listed, but they are meant to be there, then any assembly use that comes in
they can follow the CUP process, just as the churches.
Mr. Winkler: They could make it narrower than that, by saying weddings.
Director Materassi: I was talking about a stadium because it is an assembly use. If someone
want to open a restaurant in the R-2 I would need to tell them O.K., go to the Planning
Commission with a CUP. It is a permitted use subject to a CUP because they are in an area
where general assembly has been considered similar to churches. I would not have the tool to
say they must do an amendment to the residential code before submitting a CUP. Is it the
intent of the code to have general assembly uses in the residential area or not? If you want this
use to come in, he can still come in with a zone change. There are two types of zone change.
One is to amend the list of R-2 permitted uses to add this use to it which would go to public
hearing. The second is to re -zone the entire area to CM or heavier district to support
assembly uses. Both ways would be a public hearing process and the end of the process would
probably be a CUP to analyze the site -specific issues.
Chairperson Wilson: Commissioner Addington.
Commissioner Addington: At this time is it appropriate to make a motion or are there further
questions for discussion?
Chairperson Wilson: Commissioner Van Gelder.
Commissioner Van Gelder: Going to the zone change. Do the residents have any say so
about that?
Director Materassi: They would. Any type of zoning amendment is a public hearing at the
Planning Commission level and the City Council. All of the neighbors would be noticed.
Virgil Barham: As far as my involvement tonight, the City Redevelopment Agency is in the
process of selling a property diagonally across the street from the subject parcel. Since we
may be selling it to people not familiar with the area the City would have to disclose this
through the California State Disclosure law to inform them that this is a possibility. As you
drive through a community you see a church, you'd know that was there or you'd see a
playground and know that was there. In this case it blends into the community and looks like
a single-family residence. If the zone is to change I would have to disclose that. That is the
concern of the Housing Department.
17
Chairperson Wilson: Any further questions?
Commissioner Huss: What were you just talking about? A house where? Are you saying a
house near him?
Virgil Barham: The City purchased and rehabilitated a home on the comer of Vivienda and
Bums. We have not yet disclosed this to this point. We have a potential buyer. If the
Planning Commission finds this use is similar in nature and intent we will need to make this
disclosure.
Chairperson Wilson: Excuse me, Commissioner Huss, I'd like to direct things here. I'm not
positive that is something this body needs to be discussing in relation to the actual
Determination of Use, although I understand the importance to the City.
Commissioner Huss: I understand. Under churches it says a three acre parcel is the
minimum. If weddings was listed as a use what would be restricted as well?
Director Materassi: It could have been listed individually. You're asking if it would have
been listed with a minimal acreage or not. What I could tell you from my understanding of
the code it would probably have a site limitation to mitigate the impact similar to the churches.
Commissioner Huss: So if weddings were listed, I could see it falling under the churches with
a minimum three acre parcel. Is that correct?
Director Materassi: It could. If they were listed they probably would be listed that way.
Chairperson Wilson: There's also the certain zoning requirements for the particular zone, like
front yard setbacks, etc. Any other further questions for staff?
MOTION
PCM-96-07
Commissioner Addington: I'd like to make a motion regarding DU-95-02 that the Planning
Commission has determined that the subject use is not similar in nature and intent with the
other uses specifically listed in the R-2 district.
Chairperson Wilson: The chair would second.
Commissioner Van Gelder: I second with comment. Are we not going to give the applicant
an opportunity to speak?
Chairperson Wilson: It is not required, although we can. Does the Planning Commission feel
like it would be better suited to allow the applicant to speak on the specific item of the
Determination of Use?
Commissioner Huss: If there is a limitation of time.
C
Chairperson Wilson: The chair invites the applicant to come up. Please state your name and
address for the record.
18
Larry Halstead
21894 Vivienda Avenue
Grand Terrace, California
Thank you for the opportunity to speak. I was starting to get concerned that I wasn't
that I wasn't going to have that opportunity. I have a few things that I want to say and
I'll try to make them as brief as possible.
First of all, I think it is important to point out that when codes concerning zoning are
developed, as one of the Planning Commissioners pointed out, there is absolutely no
way to address every foreseeable situation. I think that when you look at real strict
definitions you might run into a problem, but there is a problem starting with real strict
definitions in that a lot of these terminologies that are in the planning codes in the City
of Grand Terrace have not been well defined at all. Partly maybe that's because
nothing has come up to trigger them. I would like to say that first of all, when you are
talking about Paraiso Gardens, the use that is being bypassed here is the primary use of
the facility. That is one of a nature sanctuary. That in itself, you're not going to find
anything in the codes that says where does that fall. There is probably four different
areas within the permitted use calling for a CUP that are listed starting with ...there
are things that are similar with every one of them.
I'd like to address a few of them real briefly:
The public and quasi public facility. It talks about non-profit. It doesn't go
into a lot of detail about that but you should know that it is very much our
intention to develop this as a non-profit. It already is non-profit. This isn't
something we're doing for profit. This is something we do in order to support
the nature sanctuary that we are trying to create there. There are a lot of costs
that are involved in that.
I think also, that when you're looking at a recreation facility, you're talking
about pool houses and recreation rooms and these kinds of things. A lot of
those might be found at condominiums an what not. If you'll check that out,
you'll find that often those are use for such things as family reunions, wedding
receptions, etc. So yes, we have something in common this that use as well.
When you're looking at the use of the church, there are several things that I
want to point out there. First of all, it was stated that we want to have at least
one event. That is really misstating the truth. We have stated that we are one
of the few and only places, if you're talking about strictly wedding facilities,
that limit ourselves to only one event per day. That doesn't mean by any means
seven days per week, because primarily everyone wants weddings especially to
be on Saturdays. In fact, it has been a rare exception that it's anything more
than that. If you contrast that to a church you'll find that there are all kinds of
different activities that a church has, including the fact that most of them have
some kind of a recreation hall. Weddings and receptions are something that
help support those churches in being able to balance their budget and operate
their facility overall. We need to avoid that slippery slope argument that you
possibly allow something here then next thing you know, I'm hearing a stadium
19
and all kinds of wild ideas being bantered about. It just couldn't be further
from the truth. What it is important for this Planning Commission to realize is
that when you're looking at saying that yes, it does have similarities to the
public/quasi public facility, to the recreational facility; it even has it to the home
work facility, and it has things similar to the church facility situation. There
are all kinds of things that all of those get into and it doesn't mean that all of a
sudden you are opening the door to restaurants and stadiums and all these other
things within R-2. What you're stating here is that this nature sanctuary, which
as a side aspect of it all, just like churches, just like condominiums that have a
rec room or whatever that also will charge for use of those facilities, has a way
of supporting itself by doing this. These other issues that might concern this
Commission in regard to the appropriateness of it are items that really should be
addressed under the CUP process. I think it is a valid application process. It's
one that does call for public participation and at that time I'm sure there will be
all kinds of people here to voice support and even some opposition in regard to
this. I think it's a lot more detailed time to get into some of those aspects of it,
but do we have uses that are similar? Yes, we have all kinds of uses that are
similar to all four of those that I have mentioned here. I'd like to go back real
briefly to the last time that I stood at this podium in front of this Planning
Commission and we were appealing a nuisance declaration. At that time the
Chairman, Mr. Sims, applauded the activity and in reversing and overthrowing
that decision made the statement that this is something that is not a negative
impact but is something that the City of Grand Terrace and the people ought to
get behind and really support.
(speaker was interrupted by Chairperson to facilitate change of recording tape)
Mr. Halstead continued:
I'd like you to realize that we cannot go with strict definitions; that we don't
even have strict definitions. When you start looking at general assembly, what
does that mean? How do you define that? Outdoor festival ... how do you
define that? What you have to look at is a case by case situation. In every case
there isn't any pandora's box that's going to open up just because you decide
that in fact, there is similar uses. We're going to have every situation be one
where they have to come before you and they have to make the use
determination whether or not that fits. You're not going to have a flood of
people coming along and saying, yes, I too, want to do a nature sanctuary. We
should be so lucky. These other things are subsidiary aspects of it, just as
churches do, just as condominiums do, just as all of these different things do.
And let's roll up our sleeves and get into those on the CUP part of it. But it
seems to me that's really the opportunity where we need to be looking at those
various aspects; when we need to see what the negative impacts are. What I
want to submit to you tonight is that when we do ... when and if we're allowed
to get to that CUP process you're going to see that there are so many
overwhelming aspects to what it is we're trying to do, starting with the nature
sanctuary, and the many ways we could break that down into positive ways that
contributes to this community. That's not going to be possible without some of
these other means of support. I don't see anyone coming forward and writing
big checks just to support a nature sanctuary. Just like a church needs to
20
balance its budget we have to do that too. What you are going to find if we
allow this to go to a CUP process is you're going to find neighbors, including
two of them that have written you those letters that are sitting before you now.
Those are the two closest neighbors and you're going to find that not only they,
but the vast majority of our neighbors really value what it is that we are trying
to do there. They value the development that's happening within their
community, they value the fact that they see it as something that is not only just
an asset to their community, but it is an improvement, it's a constant ongoing
improvement because it is a beautification process. There's a lot of aspects of
this and simply by denying being able to go to the CUP process we don't even
have a chance to get into all that, and there is a lot of that that we could really
get into. I think that we could really present some strong arguments as to the
value of an urban nature sanctuary in our community, value the aspect that
having a place for people to get together and do weddings and family reunions
and this type of thing. Understand this, that we don't get the people that want
to go to a hotel, we don't get the people that want to go to a church. We get
the people that want to go to a nature sanctuary. It falls under the category of
garden weddings. We have the opportunity to create a facility that could be the
pride of Grand Terrace. There's a lot of things that have happened in this city.
I have been here since 1956; our family has had a presence here. I have seen,
unfortunately, way too often, real strict definitions come in and opportunities
are lost for some wonderful assets that could have happened here in the City of
Grand Terrace. The ones that come to mind are ones that are gone forever.
You don't revisit those opportunities. If I am not allowed to go forward with
what it is I'm trying to do, no one else is going to come behind me. There is
not going to be some millionaire who's going to buy my property out of
foreclosure or whatever and say "yeh, I want to dump all this money into
making it a nature sanctuary." We're talking about some real hard choices here
that we have to make in terms of weighing it all out. If you look at our
community in general, and you look at where this property is located you will
find that it's a real mixed use bag of tricks. I have just about every zone that is
listed in the City of Grand Terrace within about a half mile; including I have
railroad tracks that abut my property; I have two pumping stations for the two
water companies that are there are within just feet away from my property; I
have Stater Bros. Warehouse that's not even located in the City of Grand
Terrace. It's in the City of Colton. It's half a block away. I have a freeway
that's half a block away. We have all kinds of uses and so it's not a neat clean
thing, where we can come in a say yes, R-2 zone is everything that's happening
over there. It's not everything that's happening there. My property is abutted
by all kinds of different uses that are anything but R-2 zoned. If you vote in
favor of letting this go to the CUP process you don't close out any options, but
you open up the option, and you open an especially important opportunity we
have to examine it on a closer look and to see what can happen for the City of
Grand Terrace. I can tell you as a former vice-president of the Chamber of
Commerce for this City the editor and original founder of the chamber
newsletter that took it city-wide, I have nothing but the interest of the City at
heart, and I always have. I consider what I'm doing with the nature sanctuary,
my number one interest, once again, to be my gift to this City and what I'm
trying to do for this City. I know of no other way to do it. I'd be happy to
21
entertain any ideas on how we could support it otherwise. I don't know of any
and I think it's real fundamental that we at least allow it to get to the CUP
process to hear all sides of it. To hear why I enjoy the vast majority of support
0 of the neighborhood. I enjoy overwhelming support from the business
community because there are myriad of ways in which this ends up helping to
stimulate the overall economic status of all kinds of businesses that I could bring
in here and would tell you how the little bit of business we bring to them, be it
a dry cleaners on linens or a caterer, etc. This makes a major difference on the
bottom line. We have a big problem with business flight, with business vacancy
in our commercial districts. The businesses in town are hurting. They need
business. We have a lot of people who support this project, both neighbors, the
business community and the City at large. I really urge you to at least allow
this to get to the CUP process. It doesn't close out any options. I doesn't mean
that we are going to all of a sudden be building stadiums and all these other
horror stories within our residential communities. It's not going to happen.
This is a very isolated situation. I think it needs to be treated as such. I really
urge you to allow it to go to a CUP process. Thank you.
Chairman Wilson: Are there any questions of the applicant? No questions. All right, we'll
bring it back to the discussion.
Director Materassi: I'd like to make one clarification. If the Planning Commission decides
that the use is not similar we are not denying the applicant the right to apply for a CUP. He
can still go through the zoning amendment process and come in with a CUP. There are no
denials whatsoever. What you're doing here is a procedure that establishes if this use is
similar to other uses in the area. You're not telling him he cannot come here with a CUP. If
he applies for a zoning amendment, any one of the two zoning amendment processes is
approved, the result of that is a CUP. He will be recommended to come in with a CUP, if the
zoning amendment is approved. We're not denying him ... nobody is trying to deny him the
right to come for a CUP.
Commissioner Addington: The motion on the floor is not an attack on the project at all, but
rather it is an interpretation of our codes. Not a strict interpretation, but this is a
Determination of Use and therefore, an interpretation of our codes.
Chairperson Wilson: The motion is on the floor. It has been seconded. Is there any further
discussion. If not, please vote.
MOTION
VOTE
PCM-96-07
Motion carried. 3-2-2-0. Commissioner Garcia and Chairperson Wilson voted no.
Commissioner Munson and Chairperson Sims absent.
Commissioner Garcia: Mr. Chairman, can I ask as a point of clarification how much that
process that you said as for as to do the amendment change and the other thing, is that a costly
process?
22
Director Materassi: Yes, the CUP is a costly process, too.
Commissioner Garcia: Is there any other, I meant that I would just like ... is there a way that
the City Attorney and staff ... that there could be some sort of direction to try to work with the
client to see if there is any other possible avenue. I meant that is not extremely costly. The
one issue that the applicant brought up was that it is very close to a public and if he could find
other means, is there some way that he might be able to work with the City so it might be
considered some sort of public use if he indeed wants it to be something for the benefit to the
City.
Director Materassi: Yes, through the zoning amendment he can propose to add just the
wedding use if he wants. He can propose any type of uses to be added to the residential
district.
Commissioner Garcia: No, I was thinking more in terms of working with the City.
Director Materassi: Yes, he can propose to the City Manager and if he wants a partnership he
has all the rights to do what he wants. He can try to get a non-profit status from the State. He
could try to get the Federal Government to establish his property as a nature sanctuary. I'm
sure it would need to be larger area and some other conditions he would need to meet to be
supported by the Federal Government. He could do all those things. There is no problem on
any of those. He can initiate any type of negotiations for any type of use that he would like to
bring in.
Commissioner Garcia: But the best thing is for him to initiate it , not to have you work with
him or anything. So it's best for him to approach the City with some sort of proposal?
Director Materassi: If the Planning Commission would like to make a recommendation that
staff would do something like this that's possible too.
Commissioner Garcia: I don't know if fellow commissioners support that but I meant that if
there could be some way just for staff to try to work with the applicant.
Director Materassi: In terms of the zoning amendment it's not really very expensive for him.
Because relatively, the level of mitigation measures he would need to do for a CUP, it would
be almost 15 times or maybe 20 times more expensive than the zoning process itself. The
mitigation measures, like when you have a CUP, the City has the right to trigger requirements
for street improvements, lighting, mitigation of noise, etc. Once all those conditions are
imposed those conditions in terms of price, they are 10 times higher than the cost of the CUP.
The cost of the CUP is $2,000. The zoning amendment is another $2,000. But the cost of
improving the street and doing all the improvements there would cost much more so if he
really wants to pursue that in either way he would need to get a loan or do some work to have
some funds to improve that facility to the point that it would not affect the neighbors. This
issue is not subject of this meeting though.
Chairperson Wilson: I also feel it would be necessary to inform the applicant that he does
have the right to appeal any decision of this body.
23
Director Materassi: Correct, within 10 days of this meeting he has the right to appeal the
decision of the Planning Commission to the City Council.
Chairperson Wilson: Can we move forward? Item #4 on the agenda.
ITEM #4
Discussion of invitation to participate in quarterly Planning Commission Regional
Meetings regarding topics of mutual concern to cities in the Inland Empire.
Chairperson Wilson: We have a handout here regarding the regional meeting. It has a meeting
scheduled. Is there anything to add to that?
Director Materassi: Yes, would you like to go? Basically the City of Fontana would like to
know if the Planning Commissioners would like to participate in these quarterly meeting.
They will be discussing telecommunication antennas and other items of mutual interest
between Planning Commissioners. It's a Planning Commissioner initiative with the staff of
Fontana supporting them. I'd like to know if you would like to go. In terms of cost, there is
no fee. They would like us to call them back to RSVP. The first meeting is Thursday,
February 15. I will need to know if any of you would like to go then I will call them.
Chairperson Wilson: Any comments from the Planning Commission? We can call you to let
you know?
Director Materassi: Yes.
Chairperson Wilson: We'll adjourn the Site and Architecture Review Board and Planning
Commission meeting. Next Planning Commission Meeting will be held on March 7, 1996.
Director Materassi: I have one more note before we leave. We have a request from
Commissioner Garcia. There is a Planner's Institute and we haven't had a chance to discuss
this because all of our workshops have been so full of other items and we have not received
flier this time. This is usually a workshop item. I usually ask the Planning Commission for
volunteers to go to the Planning Commissioners Institute and then we have volunteers from the
Planning Commission. In this case we have a volunteer, Commissioner Garcia would like to
go to the Planner's Institute conference and I'd like to know if there are any other volunteers
to go. In case we have any other volunteers then we will vote who will represent the Planning
Commission because we have funding only for one to attend. If we don't decide this today
then we can't allocate the funds because it will be too late at the next meeting.
Chairperson Wilson: Where is the meeting?
Commissioner Garcia: Long Beach.
Commissioner Addington: I vote for LeeAnn.
Commissioner Van Gelder: I second.
Chairperson Wilson: All in favor.
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Director Materassi: All right, that's all. Thank you.
9:43 P.M. ADJOURNED SITE AND ARCHITECTURE REVIEW BOARD/PLANNING
COMMISSION MEETING
NEXT PLANNING COMMISSION MEETING TO BE HELD ON MARCH 7, 1996.
Respectfully submitted,
a��
Patrizia Materassi
Community Development Director
2-27-96:PP
Approv ,
iz
Doug Wilson
Chairperson, Planning Commission
C:\OFFICE\WPWMWPDOCS\PLANNING\MINUTES\2-01-96.min
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