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07/28/1980 PLANNING COMMISSION MINUTES CITY OF GRAND TERRACE J ULY 28, 1980 A regular meeting of the Planning Commission , City of Grand Terrace was held in the First Baptist Church of Grand Terrace, 12354 Mt. Vernon , California on July 28, 1980 at 6:35 p.m. PRESENT: Frank Tetley, Chairman Sandy Collins , Vice-Chairman Vern Andress , Commissioner William DeBenedet, Commissioner Doug Erway, Commissioner Tom Rivera, Commissioner Lillian Smith , Commissioner Jean Laurin , Planning Staff Jim McLean, Engineering Staff Martine Gerg, Executive Secretary ABSENT: John McDowell , Commissioner Winifred Bartel , Commissioner The meeting was opened with the Pledge of Allegiance led by Commissioner Erway, and oral roll call . APPROVAL OF MINUTES - JULY 14, 1980 PCM-80-57 MOTION was made by Commissioner Rivera, seconded by Commissioner Smith and carried unanimously to approve the Minutes of July 14, 1980 as presented. REQUEST FOR A MINOR DEVIATION Proposal : Request a Minor Deviation of Sideyard Setback Location : 23285 Westwood File/Index: 12-51303 Applicant: Carlo Marchese Engineering Staff, Jim McLean , made a presentation stating that this gazebo was built without a building permit. Free-standing structures do not require a building permit. The cost of the building permit would not cover the costs which would be incurred by the Engineering Department to issue the permit. At one time, this structure was encroaching onto the adjacent property approximately 12 to 2 feet. The owner was required to remove the portion that was encroaching and now the structure is right along the property line according to a survey done by a surveyor hired by Mr. Marchese.. Page one - PC-7/28/80 The basic minimum setback for any structure is normally five feet. Mr. McLean stated that presently, the only problem with the gazebo is that there is a sink within which does not have the proper drain- age, and it would have to be corrected. Discussion was held on the driveway adjacent to the structure and also the possibility of moving the structure a few feet closer to the appli- cant's house was discussed. Chairman Tetley called upon the Applicant for input to the hearing. SUPPORTING TESTIMONY Carlo Marchese, 23305 Westwood, stated the request for the Minor Devia- tion was made as a matter of formality because Mr. McLean suggested that by removing the portion of the gazebo, which was encroaching, the pro- blem would be eliminated. The owner of the adjacent property, Mr. Parker, was contacted several times but the situation could not be resolved. Mr. Marchese feels that the structure would not hinder traffic on the adjacent driveway and also feels that it is an attractive structure which would enhance the looks of both his property and Mr. Parker's property. Chairman Tetley called for opposing testimony. OPPOSING TESTIMONY Larry Parker, 5935 Magnolia, Rialto, California, owner of the adjacent lot, showed pictures of the subject structure to the Planning Commission. Mr. Parker read segments from the C C & R (Condition , Covenants & Restrictions) and also from the Zoning Code, stating that there are conditions of build- ing which Mr. Marchese did not follow. Mr. Parker feels that this structure is not attractive and might decrease the value of his property. Eileen Parker, 5935 Magnolia, Rialto, California, also objects to the gazebo being placed on the property line. APPLICANT REBUTTAL Mr. Marchese wanted to impress upon the Commission that this is a very attractive structure and enhances the neighborhood rather than decreasing the value of the property adjacent to it. Chairman Tetley closed Public Hearing. PCM-80-58 MOTION was made by Chairman Tetley and seconded by Commissioner Rivera to continue this matter for two weeks so that all the Commissioners have an opportunity to view the site personally. Following discussion, motion passed on Ayes from Commissioners Tetley, Andress , Erway, Rivera and Smith and a Noe vote from Commissioner Collins and Commissioner DeBenedet abstain- ing. Page two - PC-7/28/80 Planning Staff, Jean Laurin , stated that Mr. McLean will give the Commissioners a brief workshop after the regular meeting, on the problems connected with patio covers. TIME EXTENSION ORDINANCE - LAND DIVISION, SITE APPROVALS, MINOR DEVIATIONS, TRACTS Staff, Jean Laurin , gave a brief presentation and a recommendation that the Commission approve the proposed Ordinance and recommend that the City Council ADOPT an Ordinance which sets the time for Land Divi- sion , Site Approvals , Minor Deviations and Subdivisions. The Ordinance has recently been approved by San Bernardino County (on file in the City Clerk' s Office) . Commissioner Collins expressed his disapproval of adopting the subject ordinance. Concern was expressed over the fact that tracts which were approved by the County prior to incorporation of Grand Terrace and are still in tentative stage are not required to be reviewed by the Planning Commission unless they request a time extension. PCM-80-59 MOTION was made by Commissioner Collins and seconded by Commissioner Andress to reject the Time Extension Ordinance, leaving the total number of thirty (30) months from date of approval to expiration. Motion passed on Aye votes from all present with the exception of Commissioner Smith abstaining. TRACT 9359 - TIME EXTENSION Proposal : Approve a 6-month Time Extension Location : Between Mt. Vernon and Canal Streets 1320 feet north of Barton Road Applicant: Karger Construction Staff Jean Laurin , gave a presentation stating that this is the final extension for this tentative tract. If he does not complete all the conditions of approval within the next 6 months , the tract will expire. PCM-80-60 Following brief discussion by the Commission, MOTION was made by Commis- sioner Erway and seconded by Commissioner DeBenedet to approve the 6-month Time Extension Request to January 20, 1981 . Motion passed on Aye votes from all present with the exception of Commissioner Collins voting Noe and Commissioner Smith Abstaining. GENERAL PLAN AMENDMENTS - FIELD TRIP Staff, Jean Laurin , stated that there are two General Plan Amendments coming before the Planning Commission in September and those sites should be reviewed either by group tour or individually. Following discussion, it was decided that the Commission would assemble before one of the regular meetings and tour the subject sites. A date was not set for this tour. Page three - PC-7/28/80 TEMPORARY RESTRAINING ORDER Jean Laurin gave copies of a letter regarding the Preliminary Injunction and Temporary Restraining Order which was sent to all applicants with a proposal in progress to the Commission. Engineering Staff, Jim McLean, informed the Commission that a meeting was scheduled for all developers to attend and ask questions regarding the moratorium and how it affects them. ADJOURN TO PUBLIC WORK SESSION The regular meeting of the Planning Commission adjourned to Public Work Session at 8:10 p.m. The Public Work Session adjourned at 9:10 p.m. The next regular meeting of the Planning Commission will be held on Monday, August 11 , 1980 at 6:30 p.m. Respectfully submitted, E ecut've Secretary Approved; rman Page four - PC-7/28/80