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HomeMy WebLinkAbout2020-05-27 - Minutes - PC-HPCPRESERVATION COMMISSION MEETING MINUTES MAY 27, 2020 A. Call to Order PLANNING COMMISSION The meeting of the Historic Presentation Commission and Planning Commission was held on May 27, 2020. The meeting was called to order my Chairman Guglielmo at 7:04pm. Planning Commission present: Chairman Guglielmo, Vice Chair Oaxaca joined the meeting at 7:11 pm, Commissioner Dopp, Commissioner Morales, and Commissioner Williams. Staff Present: Nick Ghirelli, Assistant City Attorney; Anne McIntosh, Planning Director; Mike Smith, Principal Planner; Elizabeth Thornhill, Executive Assistant; Tabe van der Zwaag, Associate Planner; Brian Sandona, Sr. Civil Engineer; Jason Welday, City Engineer, Assistant Planner; Dat Tran, Assistant Planner; David Eoff, Sr. Planner. B. Public Communications Chairman Guglielmo opened the public communications and hearing no comment, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of April 22, 2020 Motion by Commissioner Morales, second by Commissioner Williams to approve Item C1. Motion carried 4-0-1 vote, Vice Chair Oaxaca Absent, to adopt the minutes as presented. D. Public Hearings D1. DESIGN REVIEW DRC2017-00193 AND CONDITIONAL USE PERMIT DRC2017-00194 — GEORGE BOTROS — A request for site plan and architectural review along with the operation of a proposed 12,350 square foot church and 18,033 square foot social building on a 3.28 acre (143,053 square foot) project site located at the southwest corner of East and Wilson Avenues in the Very Low (VL) Residential District of the Etiwanda Specific Plan; APN: 0225-123-05. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15332 — Infill Development. (Continued from April 22, 2020 HPC/PC meeting.) Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and oral presentation (copy on file). HPC/PC Meeting Minutes — May 27, 2020 Page 1 of 7 MEETING MINUTES MAY 27, 2020 George Botros, Architect, expressed support to the neighbors assuring them soundproof walls, no distraction during events. Very sensitive to the neighbors and hope they would appreciate all that will be done in regard to landscaping being placed around church and social building, lowering the roof to minimum, and placing sidewalk on the north side of lot. There will be no outside activities. Security guard will be hired to secure premises during events. Chairman Guglielmo opened public hearing For the record, comments received via email by the following individuals expressing in favor of the project: Mousa Diab, Aida Attiyah, John Wardeh, Lina Wardeh, Jima Awad, Samer Danial, Marta Diab, Jizelle Dakhil, Salem Diab, Alan Dahi, Fadi Jarrah, Sylvia Diab, Veolate Hannon, Fairuz Habhab, Samaher Dandouch, Tony Salhab, Wissam Dandouch, Salam Haddad, Odiet Trad, Juli Salhab, Fadi Maidaa, Mary Hannon, Brenda Samaan, Seham Hanna, Selene Saif, Kristine Saif, Basel Salhab, Bassem Diab, Christopher Salhab, Melanie Husry, Amal Salhab, Osama Kassih, Dima Kassih, Diyala Chahla, Roula Darouj, Miranda Husry, Laila Massis, Heather Hawara, Mores Naem, Dima Hannoun, Tony Kassih, Michael Salhab, Mera Salhab, Alaa Khalil, Madeline Farha, Mary Dahi, Rania Askar, Angelina Awad, Rakan Awad, Hend Danyal, Dalai Dib, Zoey Habhab, Jay Attiyah, Reem Mbarakah, Shifaa Salhab, Adib Attiyah, Elia Ghanem, Aida Ghanem, Marlien Samaan, Mark Makhoul, Christina Salhab, Rasha Hawara, Darin Farrouh, Anthony Diab, Andrew Diab, Haifaa Askar, Rouba Salhab, Aida Samaan, Jennifer Salhab, Meriel Elmalih, Malynda Wanis, Wafaa Wanis, Renee Alberre, Ghassan Elmalih, Melad Elmalih, Bernard Hanna, Haifaa Alshekh, Jovana Mahho, Aida Durghalli, Fatan Danial, Joleen Wardeh, Abdo Diab, Deena Kassab, Dr. Ziad Kassab, Silva Khalel, Evonne Alsalamy, Alondra Alsalamy, Nazir Habhab, Susan Attiyah, Hussam Durghalli and Family, Ekab Eldiab, Susan Hawara, Joun Seder, Ibraham Diab, Sherin Salhab, Clara Diab, Wafaa Batech, Ibrahim Zakour, Christine Samaan, Danny Dandouch, Hana Dandouch, Stephanie Salhab. Comments received during Public Communication: Lisa and Jeff Unger, residents, requesting uniform gates needs to be a barrier at Horse Thief Lane, and Rolling Pasture. Weekend traffic is especially bad. Strongly believes light is needed. Ziat Corsot, Vice President, Parish Council of St. Elias Church, expressed his favor for church project. Michael Tahan, part of applicant team, stated the church has compromised working with neighbors to accommodate their needs. The concerns the church is having and cannot live with are the conditions regarding no more than three events. Requests to work on the language for events. HPC/PC Meeting Minutes — May 27, 2020 Page 2 of 7 MEETING MINUTES MAY 27, 2020 T. Hedger, resident, mentioned he appreciates the new notice that went out. Commented Mr. Botros doing a good job with the project but expressed the one thing he is very happy to hear about are the three -event limit per month. Regarding the time events lasting till 11:30 p.m., so starting at 10:00pm, they will have to limit the noise. How do they report if event goes past that at night? Does it need to be documented. How will it work? Cathy Hedger, resident, agrees with Lisa Unger regarding concerns of the traffic around the area of Philly Drive, asking for better traffic control in area. Amira Dandou, Mrs. Dandou (mom), Jay Ahiyah, Fayek Salhab, Lucy N., Meriel Elmalih, Mary Hannah, Wafaa Batech all are in favor of the project. Fayah Salhab, church member requesting the three event limitations be removed. Tony Salhab, church member, expressed his concerns on the event limitations. Believes they are being treated unfairly. They're constitutional right is to practice their religion freely and openly, not conditioned. Requesting city legal team investigate further because he feels they are being treated differently due to their faith. Chairman Guglielmo closed the public hearing Nick Ghirell, Assistant City Attorney responded to the comment that there was discriminatory intent behind the condition limiting the number of events that would be held per month. It was the applicant's written project description that indicated 3 events per month would be held. That is the only reason this condition was included in the draft resolution. There was no discriminatory intent. He reminded the Commission that there is another condition that allows a review of the CUP if there are issues. This provides a safety valve if there are problems down the road. This would be an alternative to limiting the number of events as a condition. Tabe van der Zwaag, Associate Planner, agrees with Mr. Ghirelli's comments when staff asked the applicant representative regarding limitations the church can live under. It could be interpreted two ways when they mentioned three events. Staff never interpreted that Christmas or Easter or any of those type of events are special events. We were thinking more Weddings, Anniversary parties, events that individual church members invite their families and have a party not related to a regular church event. We did not intend the limitation on these three events would capture all these church related events. Commissioner Morales asked about the Conditional Use Permit limiting the special events to three times, if it can be removed tonight and then make a motion to approve with that change. HPC/PC Meeting Minutes — May 27, 2020 Page 3 of 7 PRESERVATION COMMISSION MEETING MINUTES MAY 27, 2020 PLANNING COMMISSION Commissioner Williams agrees to have the limitations removed. Regarding gate at end of street, she is asking staff to clarify that issue. Tabe van der Zwaag, Associate Planner explained there is an existing street that currently dead ends because Wilson does not pull through and it dead ends into an undeveloped area that will be in the future landscaped, including a sidewalk and bike lane. Right now, there is roughly a 10 ft. wide wood barrier that is in middle of street and people drive up and residents are asking if city can install a more permanent gate until Wilson Avenue is completed and street is pulled through. It is located approximately 1 block over from the project site. Jason Welday, City Engineer added it appears that our standard temporary barricade located at the end of the street sounds like it might need to be looked at to make sure it is in good working order. He will pass it along to Public works for them to look at and he explained it is a standard barricade for when a street is temporary closed until the extension is made to Wilson. Vice Chair Oaxaca expressed his concerns, along with other commissioners, regarding the limitation on the number of monthly events. He did read through the letter provided by the applicant that staff received making an estimate of the number of events held at the social hall. Requests if it could be explored or if there is a consensus among commissioners to drop that condition with the understanding the Conditional Use Permit (CUP) can be brought back if there seems to be an issue down the road and have an opportunity to be re-examined. It could be brought back by anyone in the community, church members, etc. and be revisited by staff and commissioners. Commissioner Dopp agrees with commissioners and stated it is unreasonable to expect any organization religious or not to plan out 12 months in advance. He understands the concerns of residents the impact to their community but at the same time, hearing we were discriminatory against this specific group, that is not the case. It is our job as commissioners to consider impacts. He does agree to strike out the limitations of the planning conditions. It is an unreasonable burden on any organization. Chairman Guglielmo stated one of the residents asked about the noise requirements and hours of operation. Requested staff to explain more in depth regarding the noise standards. Tabe van der Zwaag, Associate Planner, explained the development code does provide noise standards for residential districts. It is broken down from 7am to 10pm and then 10pm till 7am. It gives decibel limitations on each of those times. The church will be required to live within those same noise standards as a single-family residence. Nick Ghirelli, Assistant City Attorney, explained how code revision is enforced. Violation of the municipal code is a misdemeanor. Code enforcement is brought in to handle situations like that. Violation of condition of approval is subject to an administrative citation in order to remedy the violation. HPC/PC Meeting Minutes — May 27, 2020 Page 4 of 7 ISTORIC PRESERVATION COMMISSION MEETING MINUTES MAY 27, 2020 PLANNING COMMISSION Anne McIntosh, Planning Director stated situations work out best when the church can identify somebody in the congregation or a responsible party the neighbors can call to try and solve the problem between them before getting the city involved. Chairman Guglielmo requested Jason Welday to speak on the traffic study on Philly Drive. Jason Welday, City Engineer explained they can look if a signal is warrant once the development on the east side comes through. Looking at the number of homes that currently come out on Philly Drive and the traffic volumes measured in the past, the volumes currently would not meet the state warrants for a traffic signal. Unfortunately, from a traffic signal standpoint, it does not meet the warrant. Looking at the traffic collision history in the last 10 years, there has been one (1) traffic collision reported in that intersection. Regarding the speed limit, they are in the process of reviewing/ updating speed limits and have added this location to the list to evaluate. Commissioner Morales commented he likes the new gate design on Rolling Pasture Place. Also, he heard a comment earlier regarding Horse Thief Place Street. The project does not extend to Horse Thief Place street. Only on Rolling Pasture and entrance at East. Nick Ghirelli, Assistant City Attorney, corrected a statement he made earlier regarding in the event there were impacts created by the project after its operation later down the road, the CUP would be brought back to the Planning Commission for consideration of potentially a new COA or a replication. Looking at Condition of Approval #10, it looks like the item would be brought back to the Planning Director. He suggestions to modify and amend condition to say, "if the operation of the facility causes adverse effects upon the adjacent neighborhood, the CUP may be reviewed by the Planning Director for consideration of additional or modified conditions of approval or termination of use. The Planning Director may refer the matter to Planning Commission for further action". He also wanted to get the consensus from the commission on how to draft the three time per month limit on events rather than strike the entire condition. All Commissioners agreed to the modification omitting the three times per month event limitation rather than strike the entire condition. Nick Ghirelli also reminded the commission the requirement for valet parking is still on the condition for larger events to prevent on street parking. Mr. Ghirelli recommends modifying the first sentence on #12 to read, `Special events in the social building shall end by 11:30pm, with all guests off the church grounds by 12:00am". Motion by Commissioner Dopp, second by Commissioner Morales to approve Item D1. Motion carried unanimously, 5-0 vote, staff recommendation to approve Design Review DRC2017-00193 and Conditional Use Permit DRC2017-00194, with the recommended changes to the Condition of Approval as stated. HPC/PC Meeting Minutes — May 27, 2020 Page 5 of 7 MEETING MINUTES MAY 279 2020 E. General Business E1. FY20/21 Capital Improvement Program (CIP) — Determination of conformance with the General Plan. Jason Welday, City Engineer, presented Commissioners with a Staff Report. Chairman Guglielmo opened the public communications and hearing no comment, closed public communications. Motion by Commissioner Williams, second by Oaxaca to adopt Resolution No. 20-25. Motion carried unanimously, 5-0 vote. E2. General Plan Update Anne McIntosh, Planning Director, presented Commissioners with a general plan update and video presentation. Commissioner Morales commented it was a great video and informative to show our RHNA requirements on how many homes we have to build and help explain to people why we are doing what we are doing. He also asked if we were caught up on our timeline or did we fall back due to Covid-19 restrictions. Ms. McIntosh answered we are on schedule and right where we should be. Commissioner Williams mentioned she noticed on the video it talked about 92% of our housing is single-family residence. She would think the next slide would be maybe a slide showing the actual number of single-family residence and the number of apartments to show that percentage situation. People do not realize the percentage of apartments. The subject needs to be addressed upfront that yes, we do have a lot of apartments and here is our percentage. It really is quite small compared to single-family houses. F. Director Announcements - None G. Commission Announcements - None H. Workshops — None HPC/PC Meeting Minutes — May 27, 2020 Page 6 of 7 PRESERVATION COMMISSION MEETING MINUTES MAY 2712020 Adjournment PLANNING COMMISSION Motion by Vice Chair Oaxaca, second by Commissioner Williams, to adjourn the meeting: motion carried unanimously, 5-0 vote. Meeting was adjourned at 8:48pm. Respectfully submitted, abeth Thornhill Executive Assistant, Planning Department Approved: June 10, 2020 — Regular Meeting HPC/PC Meeting Minutes — May 27, 2020 Page 7 of 7