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03/21/1991GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING MARCH 21, 1991 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 March 21, 1991 at 7:00 p.m. by Chairman Jerry Hawkinson. PRESENT: Jerry Hawkinson, Chairman Dan Buchanan, Vice -Chairman Stanley Hargrave, Commissioner Fran Van Gelder, Commissioner Ron Wright, Commissioner David Sawyer, Community Development Director Maria Muett, Assistant Planner Maggie Barder, Planning Secretary Alan Burns, City Attorney Joe Kicak, City Engineer ABSENT: Ray Munson, Commissioner Jim Sims, Commissioner PLEDGE: Ron Wright, Commissioner PLANNING COMMISSION WORKSHOP CONVENED AT 6:00 P.M. On -site workshop for SA-91-01. Discussion of parapet for Potomac West project. Consensus was to require pitched roof as previously approved. Information from staff to Planning Commissioners. Information from Planning Commissioners to staff. PLANNING COMMISSION WORKSHOP ADJOURNED AT 7:00 P.M. PLANNING COMMISSION MEETING CONVENED AT 7:00 P.M. PUBLIC PARTICIPATION: None. ITEM #1 PLANNING COMMISSION MEETING MINUTES - MARCH 7, 1991 MOTION PCM-91-62 PLANNING COMMISSION MEETING MINUTES - MARCH 7, 1991 MOTION VOTE PCM-91-62 Commissioner Van Gelder made a motion to continue the March 7, 1991 minutes to the April 4, 1991 Planning Commission Meeting to allow the commissioners a chance to review them. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #2 HOP-91-05 PENNY AND DARRELL SMITH PROPERTY OWNER - VIOLA FIELDS 21952 GRAND TERRACE ROAD G.T. AN APPEAL OF THE PLANNING DIRECTOR'S DECISION TO DENY A HOME OCCUPATION PERMIT TO OPERATE A DISASTER RESPONSE UNIT The Assistant Planner presented the staff report. Commissioner Van Gelder asked if the permit goes to the residence or the persons occupying the home. The Community Development Director stated that the permit is for the people, and if they move, then the home occupation permit would have to be reapplied for. Vice -Chairman Buchanan stated that the standard conditions of a home occupation permit appear to be matters of the Municipal Code as opposed to discretionary considerations and asked if the have the authority to not require certain conditions be complied with. 2 The City Attorney stated that Conditions A - K appear to be mandatory, with the use of words such as "shall", however, he did not have the Zoning Code in front of him. Vice -Chairman Buchanan asked, if they find there will be outside storage of materials or equipment, are they bound to deny the application or can they allow a permit to be issued. The City Attorney stated that it is his understanding that these conditions must be met. The Community Development Director agreed. Commissioner Hargrave asked for clarification on who the members of the resident family are. The Community Development Director stated that the applicants are the Smith's, but the property owner is Viola Fields, however the property is in escrow, and the applicants want to know if they can have the home occupation before they close escrow. Commissioner Wright asked if there was any other manner in which this can be dealt with. The Community Development Director stated the only other way would be to change the zone to allow this type of a commercial activity, as a Conditional Use Permit is not appropriate, and you can't use a variance to change a use. Commissioner Hargrave asked if Condition F was a mandatory requirement, and if so, it would not be met, as equipment would be stored outside. The Community Development Director stated that staff interprets this as such. Commissioner Van Gelder asked, if these conditions are set in concrete, what was the point of bringing this to the commission. Chairman Hawkinson called up the applicant. PENNY SMITH 8578 REYNARD RIVERSIDE Commissioner Hargrave asked if she had any disagreement from what has �I 3 been talked about regarding the rescue equipment. Ms. Smith said the equipment is not exactly rescue, but it is a resource available in the event of a national or local emergency. Commissioner Hargrave asked about the storage of the equipment. Ms. Smith stated that it consists of three components, and the pieces could fit and be relatively concealed. She stated that it consists of diesel trucks and a trailer. Commissioner Hargrave expressed concern regarding the noise emitted from starting a diesel truck. Ms. Smith pointed out that even in today's automobiles, many of the diesels that pickups have are just as noisy. Commissioner Van Gelder asked what the three vehicles are. Ms. Smith said they have a shower facility, a portable water hauling vehicle and a grey water hauling vehicle. Commissioner Van Gelder asked how long she has been in this business, to which Ms. Smith responded 3 years. The City Attorney stated that he had the municipal code in front of him and reaffirmed that what they have represented so far is correct as there is no discretion. He said the hearing is for determining whether or not the applicant can meet all of those criteria, and only if the applicant can will the permit be granted. Chairman Hawkinson brought the item back to the commission. Commissioner Hargrave stated that there is a high probability the conditions will not be met. Vice -Chairman Buchanan stated that he is not sure he couldn't interpret Condition D so as to not prohibit this particular application. He said that Condition C also raises a question regarding pedestrian and vehicular traffic. He said that Condition F can't be satisfied as he cannot make a finding that there will not be outside storage of equipment. 4 MOTION PCM-91-63 HOP-91-05 MOTION VOTE PCM-91-63 Commissioner Hargrave made a motion to deny the appeal of the previous denial of Home Occupation Permit 91-05. Vice -Chairman Buchanan second. Commissioner Van Gelder asked why this item was brought to them if the rules are set in concrete. Vice -Chairman Buchanan stated that there are certain areas where there are factual findings, and determinations have to be made in certain areas. The Community Development Director stated that it is City policy that anyone can appeal the Planning Director's or Planning Department's decision. He said that in some cases it is a matter of interpretation. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #3 Z-91-01; E-91-01 CITY OF GRAND TERRACE ALL RESIDENTIALLY ZONED PROPERTY AMENDMENT TO TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE. MINOR CHANGES TO RESIDENTIAL SIDE AND REAR YARD SETBACKS, SECTION 18.10.040. MINOR CHANGE TO TYPE OF CONSTRUCTION EXEMPT FROM SITE AND ARCHITECTURAL REVIEW, SECTION 18.63.020; NEGATIVE DECLARATION FOR Z-91-01 The Community Development Director presented the staff report. Vice -Chairman Buchanan stated that currently for Site and Architectural Review issues, accessory structures in an R1 District under 10' in height don't need commission approval if they are under 200 square feet and asked if they still needed counter approval. The Community Development Director stated that they do need counter approval. He verified they are changing the 200 to 500 and stated they are also adding that the exterior design elements will match the existing house. 5 7:42 P.M. OPENED PUBLIC HEARING 7:42 P.M. CLOSED PUBLIC HEARING Chairman Hawkinson brought the item back to the commission. MOTION PCM-91-64 Z-91-01, E-91-01 MOTION VOTE PCM-91-64 Vice -Chairman Buchanan made a motion to recommend approval of Z-91-01 to City Council and adopt Negative Declaration E-91-01. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #4 SP-91-01; E-91-02 CITY OF GRAND TERRACE AMENDMENT TO THE BARTON ROAD SPECIFIC PLAN WITH MINOR MODIFICATION TO: III, B: LAND USE CATEGORIES AND MAP - APN# 275-242-01 IS BEING REMOVED FROM THE SPECIFIC PLAN AREA (22313 MC CLARREN STREET) IV, I: SIGNS - CHANGE TO ALLOW SITE AND ARCHITECTURAL REVIEW BOARD GREATER DISCRETION IN APPROVING SIGNS, AND CHANGE MULTI -TENANT IDENTIFICATION SIGNS' COPY LIMITATIONS (ALL PROPERTIES LOCATED ALONG BARTON ROAD BETWEEN THE 215 FREEWAY AND VICTORIA STREET) NEGATIVE DECLARATION FOR SP-91-01 The Community Development Director requested this item be continued to the April 18, 1991 Planning Commission Meeting. MOTION PCM-91-65 SP-91-019 E-91-02 6 MOTION VOTE PCM-91-65 Commissioner Hargrave made a motion to continue SP-91-01 and E-91-02 to the April 18, 1991 Planning Commission Meeting. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #5 CUP-91-02 INLAND LUMBER/%W. MFG. OF SO. CAL. 21850 MAIN STREET G.T. AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A DUST COLLECTOR FOR AN EXISTING LUMBER COMPANY MOTION PCM-91-66 CUP-91-02 MOTION VOTE PCM-91-66 The Community Development Director asked this item be continued to the April 4, 1991 Planning Commission Meeting. Commissioner Hargrave made a motion to continue CUP-91-02 to the April 4, 1991 Planning Commission Meeting. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #6 V-90-02; CUP-85-09R1 CDS ENGINEERING/BARTON 88 INVESTMENT ASSOCIATES 22325 BARTON ROAD G.T. AN APPLICATION FOR VARIANCE OF THE PARKING REQUIREMENT FOR AN EXISTING RETIREMENT HOTEL IN A C-2 ZONE; AN APPLICATION TO REVISE CONDITIONAL USE PERMIT 85-09 FOR AN EXISTING RETIREMENT HOTEL IN A C-2 ZONE 7 The Community Development Director asked that this item be continued to the April 4, 1991 Planning Commission Meeting as they are waiting on receipt of the title report. MOTION PCM-91-67 V-90-02, CUP-85-09R1 MOTION VOTE PCM-91-67 Commissioner Van Gelder made a motion to continue V-90-02 and CUP-85- 09R1 to the April 4, 1991 Planning Commission Meeting. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. PLANNING COMMISSION MEETING ADJOURNED AT 7:48 P.M. SITE AND ARCHITECTURAL REVIEW BOARD CONVENED AT 8:00 P.M. ITEM #7 SA-91-04 INLAND LUMBER/%W. MFG. OF SO. CAL. 21850 MAIN STREET G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A DUST COLLECTOR FOR AN EXISTING LUMBER COMPANY MOTION PCM-91-68 SA-91-04 MOTION VOTE PCM-91-68 Vice -Chairman Buchanan made a motion to continue SA-91-04 to the April 4, 1991 Planning Commission Meeting. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #8 SA-85-09R1; SA-87-08R1 CDS ENGINEERING/BARTON 88 INVESTMENT ASSOCIATES 22325 BARTON ROAD G.T. AN APPLICATION TO REVISE SITE AND ARCHITECTURAL REVIEWS 85-09 AND 87- 08 FOR AN EXISTING RETIREMENT HOTEL IN A C-2 ZONE MOTION PCM-91-69 SA-85-09R1, SA-87-08R1 MOTION VOTE PCM-91-69 Commissioner Hargrave made a motion to continue SA-85-09R1 and SA-87- 08R1 to the April 4, 1991 Planning Commission Meeting. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #9 SA-91-06 GARY KRONMILLER 22167 VAN BUREN STREET G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A TWO -CAR GARAGE FOR A SINGLE FAMILY HOME IN THE R1-7.2 DISTRICT The Assistant Planner presented the staff report. Vice -Chairman Buchanan asked for clarification regarding the 5' distance between buildings. He asked if the patio is considered a building. The Community Development Director stated that if the patio is not enclosed, they can eliminate the 5' requirement. Commissioner Van Gelder asked for an explanation of Condition 6 of the City Engineer's memorandum. The City Engineer stated that the code allows the City to require dedications for any additions. He said that in this case, unless a dedication is made, they 0 will end up with a very narrow sliver between the curb line and the property �l line for sidewalk purposes. Commissioner Wright asked if they would be requiring a fire hydrant. The Community Development Director stated that the fire department often circles Condition F11 for the fire hydrant, as they may not have a chance to do a site inspection prior to their comments, and if there is a hydrant there, the requirement is met; if not, then they can require one. Commissioner Hargrave stated that this property has a 5' lip from the pad up to the street and stated that there is no way they can get the drainage to go back to the public right-of-way. The City Engineer stated that there is an alternative, as the drainage could go out to Van Buren along the westerly setback line from the back of the garage. Commissioner Hargrave asked if curbing would be required along Van Buren. The City Engineer stated that they are not, as the code does not provide for this requirement. Commissioner Hargrave asked if there were any comments regarding the flat roof at the southerly part of the house where the addition has been completed. The Assistant Planner stated that this was a permitted addition prior to changes in the residential ordinance. Chairman Hawkinson called up the applicant. GARY KRONMILLER 22167 VAN BUREN STREET G.T. Vice -Chairman Buchanan asked, with regard to the proposed patio, what was intended and why there is a 2' gap illustrated between the patio and the garage. Mr. Kronmiller stated that the patio has been there 13 years. He said that the 2' area would be used for a planter, and when the water would run off, it would hit the 2' section and soak in. 10 Vice -Chairman Buchanan asked if a patio cover was being proposed. v Mr. Kronmiller stated that down the road they would consider a patio cover, but it would just be a roof. 8:18 P.M. OPENED PUBLIC HEARING 8:18 P.M. CLOSED PUBLIC HEARING Chairman Hawkinson brought this item back to the commission. The Community Development Director stated that there is no necessity to move the garage 3' with the project as it is proposed, as it is simply a poured patio. He said that through site inspections, they did see evidence of footings being prepared for that, so this raised a concern as to the type of structure being added on to the patio. He said they may approve the project as presented, but there should be some caution that any patio cover built in the future would require the appropriate permits and may fall into the category of a structure needing 5' between the structures. Commissioner Hargrave asked if the stucco sample was the actual color. Mr. Kronmiller stated that it is a softer white. Commissioner Hargrave asked if the 2' area would stay, to which the Community Development Director responded in the affirmative. Commissioner Hargrave asked if there would be an overhang on the garage that would cover the 2' area. The Community Development Director stated that the rafter overhang appears to be 10-12". Commissioner Wright asked if there is an overhead structure erected on the patio slab, should there be a 5' separation between it and another building. The Community Development Director agreed, stating that a patio cover is considered structure, and they often become room additions. He said that if it becomes an enclosed patio cover, staff would ask for the 5'. He stated that the simple solution is that the patio cover be connected to the house and the garage. C MOTION �~ PCM-91-70 SA-91-06 Vice -Chairman Buchanan made a motion to approve SA-91-06 as conditioned. Commissioner Van Gelder second. Commissioner Hargrave asked if they would be open to adding another condition to clarify that the patio cover is not part of the approval. The Community Development Director asked if he wanted to add Condition 9, stating that no patio cover is included in this approval, to which Commissioner Hargrave agreed. Vice -Chairman Buchanan amended his motion to include Condition 9 to clarify that this is not approval of a patio cover. Commissioner Van Gelder concurred. MOTION VOTE PCM-91-70 �11_ . Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. ITEM #10 SA-91-07 PASCAL I. D'SILVA 22675 BARTON ROAD G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF LANDSCAPING, PARKING AND REMODELING OF AN EXISTING BUILDING IN THE BARTON ROAD SPECIFIC PLAN The Assistant Planner presented the staff report. Vice -Chairman Buchanan asked which property line is recommended for the front property line. The Community Development Director stated it should be on the north side. Vice -Chairman Buchanan asked if there should be a recommended condition for the elimination for parking spaces 7 and 8. 12 The Community Development Director stated that it would be appropriate. Commissioner Van Gelder asked what the partial break was on the south side of the project. The Community Development Director stated that it is an existing paved area into the parking area. He said that it may not be up to code, and if it is for pedestrian access, it can be widened to meet the sidewalk requirements. Commissioner Van Gelder was concerned someone would be tempted to drive into it. The Community Development Director said that if the intent is for pedestrian access, they can require it meet the requirements for a public sidewalk. He said that it is not a driveway. He said that they recommend at this point that the landscaping be continued and that there be no access point. Commissioner Hargrave expressed concern about the natural soil area. The Community Development Director stated that the applicant is proposing that there be no landscaping in that area, and staff is recommending at a minimum that the hydroseed area be extended into that area. 0 Commissioner Hargrave asked about staffs view on drip irrigation. C The Community Development Director stated that it is better from a water point of view, but staff doesn't have a problem with the normal irrigation system and that which is already implemented on this particular site. He stated that there is an opportunity for additional landscaping in the peninsula portion, but he doesn't have a problem with the turf in the area south of the building. Commissioner Hargrave asked for staffs recommendation regarding trees. The Community Development Director recommended Magnolias or Liquid Ambers to match the landscaping improvements along Barton Road. Commissioner Hargrave asked if there would be upgrading of the design of the building. The Community Development Director questioned the appropriateness of eliminating the siding on a portion of the building. Commissioner Wright asked if 3 trees are proposed for the peninsula area. 13 The Community Development Director stated that they will have to be moved back the 25' distance so there would be sight distance at that point, but there could be additional ground cover material. Commissioner Van Gelder asked about the placement of the additional 4 trees. The Community Development Director recommended they be place with the existing 3 trees set back on the peninsula area. Commissioner Van Gelder asked if parking spaces 7 and 8 are eliminated, should the landscaping area include this area. The Community Development Director stated that the landscaping should be enlarged to include all areas except those that would meet the requirements for aisles and turnarounds and parking stalls. Chairman Hawkinson called up the applicant. PASCAL D'SILVA 22842 GRAND TERRACE ROAD G.T. JOHN D'SILVA 7962 CHULA VISTA DRIVE CUCAMONGA Commissioner Hargrave asked for input regarding their comments. Mr. J. D'Silva stated that the accessway at the south side is a handicap entrance from the church. He said that the natural soil area has automatic sprinklers and they will continue to maintain it. Commissioner Van Gelder asked if there was a pedestrian lane across the street at the accessway. Mr. P. D'Silva was not sure. Commissioner Hargrave stated that there is no painted crosswalk. The Community Development Director stated that the ramp may have to be redesigned as it does serve people who are walking down the public sidewalk. 9:03 P.M. OPENED PUBLIC HEARING 14 9:03 P.M. CLOSED PUBLIC HEARING MOTION PCM-91-71 SA-91-07 MOTION VOTE PCM-91-71 Chairman Hawkinson brought this item back to the commission. Commissioner Hargrave stated that he felt 3 trees were ample on the peninsula. The Community Development Director stated that the additional 4 trees do not have to be on the peninsula. Commissioner Hargrave felt the 4 trees could be brought closer to the building. He felt the natural soil area was fine and stated that he prefers the liquid ambers for the trees. Vice -Chairman Buchanan asked if staff was looking for guidance from the commissioners or if they wanted specific conditions. The Community Development Director recommended adding to Condition 7 that said plans shall be enhanced to include 4 additional trees and an enhanced planter on the western point to include ground cover materials. Vice -Chairman Buchanan made a motion to add to Condition 7 that said plans shall be enhanced to include 4 additional trees and an enhanced planter on the western point to include ground cover materials. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Van Gelder asked if an additional condition was necessary to omit parking spaces 7 and 8 and include this in the landscaping area. The Community Development Director recommended addition of Condition 10 to read that parking stalls 7 and 8 shall be eliminated and all areas not required for parking stalls and/or parking aisles shall be included in a landscaped planter area. M, MOTION PCM-91-72 SA-91-07 MOTION VOTE PCM-91-72 MOTION PCM-91-73 SA-91-07 Commissioner Van Gelder made a motion to add as Condition 10 that parking stalls 7 and 8 shall be eliminated and all areas not required for parking stalls and/or parking aisles shall be included in a landscaped planter area. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Hargrave asked if a condition was required regarding drought tolerant, hydroseed mix specific to the area. The Community Development Director stated this can be worked out on a staff level. Commissioner Wright said, regarding the peninsula area, this is an opportunity to enhance it. He expressed concern about it just being grass. The Community Development Director stated that part of the language in the addition to Condition 7 was to allow staff to work with the applicant to provide ground cover materials. Commissioner Wright stated that with typical spray irrigation, it will overshoot and this may pose a hazard. The Community Development Director stated that they would look to the same systems installed along Barton Road. Commissioner Hargrave made a motion to approve SA-91-07 as conditioned and amended. Vice -Chairman Buchanan second. Commissioner Van Gelder asked about the wood siding. CHAIRMAN HAWKINSON TABLED THE MOTION. He called up the 16 MOTION PCM-91-74 SA-91-07 MOTION VOTE PCM-91-74 MOTION PCM-91-73 SA-91-07 MOTION VOTE PCM-91-73 applicant. Commissioner Van Gelder felt she would rather see a grey -blue for the stucco instead of beige. Commissioner Hargrave asked if the Cal Shake would be brown. Mr. J. D'Silva stated that it would be brown. The Community Development Director stated that if they are eliminated the beige color he would recommend eliminating the brown tint of the Cal Shake Roof and use something of a charcoal grey coloring. Commissioner Van Gelder added as Condition 11 that the roof be of a charcoal grey color, the siding be light grey and the stucco be grey -blue. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Hargrave brought back his motion to approve SA-91-07 as conditioned and amended. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. 9:29 P.M. TO 9:39 P.M. - RECESS 17 ITEM #11 SA-91-01 BRUCE W. HALSTEAD, M.D. 23000 GRAND TERRACE ROAD G.T. AN APPLICATION FOR SITE AND ARCHITECTURAL REVIEW OF A NEW STORAGE FACILITY TO BE LOCATED IN THE R1-20 DISTRICT The Community Development Director presented the staff report. Vice -Chairman Buchanan asked if Site and Architectural Review Board is capable of making determinations regarding legal or illegal non -conforming status. The Community Development Director stated that they can make the determination as they are the same body, and any appeal of the decision would go to City Council. Vice -Chairman Buchanan asked why staff is recommending that Building A is a legal, non -conforming structure. The Community Development Director stated that they are suggesting this as they don't know if it meets all current building code requirements. Chairman Hawkinson called up the applicant. TERRY HALSTEAD/LARRY HALSTEAD 21891 VIVIENDA G.T. Ms. Halstead stated that the little house was built in 1985, at which time the City inspected and said they wouldn't need a Conditional Use Permit, based on the fact that the little house was built on pilings, and they considered it a temporary building that could be moved. She said they decided to put the storage facility on pilings as well, however, they did not intend to not be legal. She said they decided to build the facility to store many artifacts her husband collected around the world, which are valued between $750,000 to $1,000,000. She said they have an autobiographical collection of her husband's life, and it would be like a family museum. She would like to have it considered in conjunction to the house, and would like to comply with all conditions. She said that since it falls in the Edison easement, they said they would be more than happy to let her sign an agreement that in the event that they need the land, she would tear down the house, but they do not foresee this within the next 10-15 years. C Mr. Halstead stated that he is the son of the applicant and also represents the family trust which owns the property. He said that he is on the board of directors of the World Life Research Institute and is at the meeting to field any questions. He said that this is a research facility, but it is one of literary research and documents from around the world. He said that originally it was built to house a library, and it has grown into a phenomenal reference center. He said that the institute has served as a reference center for the United Nations and the World Health Organization as well as many other organizations. Ms. Halstead stated that they have talked about the possibility of making the small house a guest house, which is allowed in their zoning. Vice -Chairman Buchanan asked who lives at Building A and asked the square footage. Mr. Halstead stated that his mother lives there. Ms. Halstead stated it is about 2,800 square feet. Vice -Chairman Buchanan asked if Mr. Halstead's mother was part of the institute. Mr. Halstead stated that she is somewhat retired and has no official capacity at this time. Ms. Halstead said she is very supportive of the storage facility being an extension of the house. Vice -Chairman Buchanan asked if Building F, the greenhouse, is part of growing things for institute purposes. Mr. Halstead stated this is just a hobby of his father's. Vice -Chairman Buchanan asked if Structure E, the treehouse, had any relationship to the institute. Mr. Halstead stated that this has been there many years, and was started for his younger siblings. Vice -Chairman Buchanan asked if anyone ever lived at Building C. Ms. Halstead stated that it has always been a retreat. 19 Vice -Chairman Buchanan stated that part of Building B was a small auto shop. Mr. Halstead stated that this is one of his father's hobby and is unrelated to the institute. Vice -Chairman Buchanan asked if there were any employees. Ms. Halstead said there is one full-time employee that works at the institute, and they have someone working on his PhD in herbal medicine and he comes in and uses the library. She said it is not open to the public. Vice -Chairman Buchanan asked how an organization makes use of the information. Ms. Halstead stated that they make requests through the mail and do not come to the site. Vice -Chairman Buchanan asked when Building B was built and when the institute started operating. Ms. Halstead stated this was in 1961. Vice -Chairman Buchanan asked about the birds and fish. Ms. Halstead said they are just for pleasure. Mr. Halstead said no animal research has ever been conducted there; only literary research. Commissioner Hargrave asked why the treehouse needs electrical circuitry. Mr. Halstead said it facilitates going up there at night time. Commissioner Hargrave asked if Building D would be for family use only after Dr. Halstead is deceased. Ms. Halstead said it would be for family use, unless someone requested to come in and do research on his life. Commissioner Hargrave asked if they would have a problem with Building C being designated a granny flat. Ms. Halstead said they would have no problem with that. 20 The Community Development Director stated that he would like to amend their recommendation. He said that the first recommendation for determination was Buildings A, B and F. He said that the City Attorney pointed out that designating the residential unit as a legal, non -conforming structure may cause more problems later in linking it to the storage facility, and that it may be better to eliminate A and F from making any determinations regarding that at this point, and have the first determination be with regard to Building B only, and that Building B is designated as a legal, non -conforming structure, and any other determinations as they are recommended. He said they shouldn't make the determination that the residence is a legal, non -conforming use, as this would cause problems allowing any expansion in the future. He said they probably do not want to set the precedent of determining this as a conforming use, as it probably is not up to building code requirements. He stated that if they go ahead and make the conditions predicated on those four conditions for determination, he would also recommend changing Condition 5, that Building D be eliminated. He said that the problem is that these are based on making a determination that the storage structure is associated with the research use. He said that these recommendations are based on that determination, and if that is a non -conforming use, the code does not allow expansion. He said, if they determine Building D is associated with the residential unit, then Condition 5 can be approved as submitted, and Conditions 6 and 7 can be eliminated also. 10:34 P.M. OPENED PUBLIC HEARING BARBARA PFENNIGHAUSEN 22111 LADERA STREET G.T. Ms. Pfennighausen felt this property is very unique, as it doesn't fall into the usual categories, but it is an estate. She stated that she is in awe of what is done by Dr. Halstead. TERRY HALSTEAD 21891 VIVIENDA AVENUE G.T. Ms. Halstead stated that they would like this storage facility to not be a big problem and said they would do whatever it takes to conform to the codes. 10:38 P.M. CLOSED PUBLIC HEARING (SUBJECT TO BEING REOPENED) Chairman Hawkinson asked why Building A is being mentioned. 21 The Community Development Director stated that the original intent was to i list everything out there so they could get a determination on the status of everything, and as they looked into it, including Building A may create more of a problem than not including it, so staff accepts not including it. MOTION PCM-91-75 SA-91-01 MOTION VOTE PCM-91-75 MOTION PCM-91-76 SA-91-01 C Commissioner Hargrave made a motion that Building B be designated as a legal, non -conforming structure as relates to this zone. Vice -Chairman Buchanan second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Hargrave stated he was prepared to make a motion that Building C come under the granny conditions to qualify for that status. Vice -Chairman Buchanan asked if they were to designate Building C an illegal, non -conforming structure, this doesn't carry with it any more than the determination that in its present configuration it is illegal and non -conforming. The Community Development Director agreed. Vice -Chairman Buchanan stated that then the applicant could apply for a granny flat and remove the kitchen. The Community Development Director stated that if they approve the application tonight, they will be approving it as a second family unit, and at this moment they are determining whether it is legal or illegal. He said staff recommends it is an illegal structure as they have no permits that were ever pulled. He said that once they make the determinations, then they will look at the application before them tonight. Commissioner Hargrave made a motion to incorporate staffs recommendation that this is an illegal, non -conforming structure at this time. 22 MOTION VOTE PCM-91-76 MOTION PCM-91-77 SA-91-01 Vice -Chairman Buchanan second. Chairman Hawkinson asked how this would help the situation. The Community Development Director stated that it will either be removed, become a granny flat or become a guest house. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Hargrave made a motion that the use located in Building B is designated as a legal, non -conforming use in accordance with Section 18.76. Vice -Chairman Buchanan second. Commissioner Wright asked, if the building has some code problems that cause an injury, would the City incur liability, to which the City Attorney ti responded in the negative. MOTION VOTE PCM-91-77 MOTION PCM-91-78 SA-91-01 C Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. Commissioner Hargrave made a motion that Building D be determined to be associated with the research facility use. Chairman Hawkinson second for discussion. The Community Development Director stated that if this motion passes, which links the storage facility to the research facility, it cannot be expanded, so Building D is eliminated. 23 MOTION PCM-91-79 SA-91-01 MOTION VOTE PCM-91-79 MOTION PCM-91-80 SA-91-01 MOTION VOTE PCM-91-80 Vice -Chairman Buchanan stated that he had to leave, but made the comment that based on the applicants' testimony that the proposed storage facility is not related to storage of material associated with the institute, but is rather a collection facility for personal artifacts, he feels comfortable with a determination that it is related to the residential use of the property. Commissioner Hargrave withdrew his motion. Chairman Hawkinson concurred. Vice -Chairman Buchanan made a motion to link the storage facility to the existing residential unit based on the applicants' testimony that the proposed storage facility is not related to storage of material associated with the institute. Commissioner Hargrave second. Motion carries. 5-0-2-0. Commissioners Munson and Sims absent. The Community Development Director suggested continuing this item to the next meeting so staff could regroup and adjust the conditions of approval. Commissioner Hargrave made a motion to continue SA-91-01 and its public hearing to the April 4, 1991 Planning Commission Meeting. Chairman Hawkinson second. Motion carries. 4-0-3-0. Vice -Chairman Buchanan and Commissioners Munson and Sims absent. 24 The Community Development Director stated that he has enjoyed the past four years and appreciated the professional working relationships they have had. SITE AND ARCHITECTURAL REVIEW BOARD ADJOURNED AT 11:04 P.M. NEXT PLANNING COMMISSION MEETING TO BE HELD APRIL 4, 1991. Respectfully submitted, Maria C. Muett Acting Community Development Director 04-04-91 25 Approved by, Chairman, Planning Commission