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HomeMy WebLinkAbout2010/08/25 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting August 25, 2010 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:12 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Dan James, Senior Civil Engineer; Candyce Burnett, Senior Planner; Cathy Morris, Planning Specialist; Jennifer Nakamura, Associate Planner; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director; Tabe Van der Zwaag, Associate Planner w w w w ANNOUNCEMENTS None Y f w k w APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Fletcher, carried 5-0, to approve the minutes of July 28, 2010. w w w • Chairman Munoz announced that the first three items involve communications and because he is an employee of AT&T and because his employer also competes with some of the applicants, he would therefore,recuse himself from hearing Items A, B, and C. He left the Council Chambers at 7:15 p.m. w w k 4 w PUBLIC HEARINGS A. CONDITIONAL USE PERMIT DRC2010-00385 -AT&T - A request to add a third carrier to a 61-foot tall multi-carrier wireless facility and increase the size of the equipment enclosure at an existing retail center at the southeast corner of Base Line Road and Milliken Avenue in the Neighborhood Commercial District - APN: 0227-182-17. This action is categorically exempt I from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303, Accessory Structures. Steve Fowler, Assistant Planner, presented the staff report. • Beth Broussard said she represents the applicant and had no comment. Vice Chairman Howdyshell opened the public hearing. Ed Dietl asked for more explanation regarding the clock tower. Mr. Fowler summarized the previous approval of the tower and explained the space expansion of the equipment enclosure using a diagram on the overhead projector. Vice Chairman Howdyshell closed the public hearing. Commissioner Fletcher remarked that the tower is attractive and the nicest cell tower in town. He said this is a straightforward request for an additional carrier and the larger enclosure. He said the design for the tower was already approved. Commissioner Wimberly said the tower is not being modified, only the enclosure. He said it is a good use of the equipment already there without adding another monopine or monopalm. Vice Chairman Howdyshell said she feels the tower is a nice complement to the center. Motion: Moved by Fletcher,seconded by Wimberly,to adopt the Resolution approving DRC2010- 00385 as presented 4-0-1. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried ABSTAIN: MUNOZ • R ! k 1r B. CONDITIONAL USE PERMIT DRC2009-00519-CLEAR WIRELESS, LLC.-A request to add three(3) RF panels and three(3) parabolic antennas to the empty brackets of an existing Sprint wireless telecommunications facility array,at Heritage Park in the Open Space District located at 5546 Beryl Street - APN: 1061-641-07. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities) Jennifer Nakamura, Associate Planner, presented the staff report. Shane Hennessy York stated he represents the applicant. He said in response to Commissioner Fletcher that their request is to occupy vacancies on the cell pole that were previously approved. He said a shroud covers the parabolic antennae to screen it. He explained that the flat panels allow the network to talk to consumers. He said parabolic antennas are for .network to. network Wmmuriibafions. Vice Chairman Howdyshell opened the public hearing. Ed Dietl asked why this is not an application for a "pretty" cell site, such as a tree. Ms. Nakamura stated that the current site is existing and they already had approval for 12 panels. She said the applicant is however re-designing the equipment enclosure. She said they did consider a stealth design but they decided not to build a whole new site as it is easier to use the existing infrastructure. Commissioner Fletcher noted that it is a non-conforming design. Planning Commission Minutes -2- August 25, 2010 Ms Nakamura said it was originally approved as non-conforming. • Commissioner Fletcher said they could impose the change to a stealth design if they expanded the use beyond the previous approval. Commissioner Wimberly said they are making good use of the space on the pole without re- designing the whole pole. Vice Chairman Howdyshell said that if it increases the cell service in the northern part of the City then it would be an enhancement. Vice Chairman Howdyshell closed the public hearing. Motion: Moved by Fletcher, seconded by Oaxaca, to adopt the Resolution Approving DRC2009- 00519 as presented 4-0-1. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried ABSTAIN: MUNOZ •* * * * C. CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC - A request to replace an existing 67-foot tall monopole with a 65-foot tall monopine wireless communications facility for the purpose of collocation in the Medium Residential District located at 6627 • Amethyst Avenue (Fire Station#171)-APN: 0202-101-11. This action is categorically exempt .from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Project. Jennifer Nakamura, Associate Planner, presented the staff report. She placed a diagram on the overhead for review. She explained that this is a monopine that will house 3 carriers at various heights and is essentially in the same location as the prior monopine. Commissioner Wimberly asked for an explanation of stealth design. Ms. Nakamura said it could include many designs such as pines, palms, eucalyptus, and cacti. She said the antenna can also be incorporated into rooftops, walls, etc. She said the monopine is popular because it can hold more carriers. Commissioner Fletcher asked about legal non-conforming design and if they expand the use are they also required to meet current standards. - Steven Flower, Assistant City Attorney noted that there are a number of State and Federal restrictions that limit the City's ability to disapprove a cell site although the City has greater authority with a non-conforming site. Vice Chairman Howdyshell opened the public hearing. Chairman Fletcher said it is a simple application, it improves the site and allows for better communications. Commissioner Wimberly said there is a good end result and the applicant worked diligently with staff. Planning Commission Minutes -3- August 25, 2010 Commissioner Oaxaca said he appreciates the applicant working with the City. Vice Chairman Howdyshell said it allows for more cell coverage and is more attractive than before. Steven Flower, Assistant City Attorney clarified that Clearwire does not provide phone service. Shane Hennessy York explained that Sprint Clearwire provides 4-G wireless broadband for the purpose of data service. He said this network relieves strain on the system and puts data on a different system. Vice Chairman Howdyshell closed the public hearing. Motion: Moved by Wimberly, seconded by Fletcher to adopt the Resolution Approving DRC2010- 00068, 4-0-1. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried ABSTAIN: MUNOZ • ! R R R Chairman Munoz returned to the Council Chambers at 7:40p.m. D. NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00420 - LUCE FORWARD ON BEHALF OF WALGREENS-A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Neighborhood Commercial District located at 6701 Carnelian Street-APN: 0202-541-61. This project is categorically exempt from the requirement of the California Environmental Quality Act(CEQA)pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities) Jennifer Nakamura, Associate Planner, presented the staff report. She noted a revised Exhibit B and an amended page for the resolution.. The reflected change removed Planning Condition #2 because the number of active licenses was reduced by one, therefore eliminating the need for the condition that requires the applicant to obtain a PCN. She noted a typographical error on the staff report indicating that only 6 off-sale licenses are allowed. It was noted that 7 is the correct number. Jennifer Chavez representing Walgreens thanked Ms. Nakamura for her pleasant and professional help. She said customers want one stop shopping and selling beer and wine will help them be competitive. She said Walgreens is an experienced retailer with proven policies and procedures in place. She said all of their employees will go through training;forsellingcontrolled products. She said'no"single"-sales will be allowed,only;six packs of beer for example as opposed'to a single can She said this census tract allows up to 7 licenses and it currently has 6, therefore no PCN is required. Commissioner Oaxaca said the resolution indicates a larger area dedicated to beer and wine sales. Ms. Chavez explained that they plan to roll out with the smaller area and have the flexibility to expand to a greater area if needed in the future. She said they want the approval for this so they do not have to submit another application in the future. Chairman Munoz opened the public hearing. Planning Commission Minutes -4- August 25, 2010 Gregg Mann, 10365 Bristol Drive, Rancho Cucamonga,stated he received the notice of the hearing. He asked if the City is obligated to fill this open license and if there are 6 licenses existing, does the City really need another. He said they are all located at the intersection of Carnelian and 19`h Street, close to the 210 Freeway with 4 schools nearby. He said it is a poor usage of retail space and not necessary. Ms. Chavez stated there is no over concentration by ABC regulations and alcohol may only be sold in specific commercial zones. She said it is not unusual for concentrations to occur in an area. She said the sales will serve the area residents and that we have to trust people to follow the law and not drink and drive. She said security measures are in place and that there is no adverse impact. She • said the beer and wine will not be sold to underage people or to those already intoxicated. Chairman Munoz confirmed that the sales would be for off-site consumption. Ms Chavez said purchasers would take it home to consume. Chairman Munoz closed the public hearing. Commissioner Fletcher said there are fewer problems with off-site sales and it is a convenience for the public. Commissioner Wimberly concurred and added that it would bring revenue to the City. Commissioner Oaxaca agreed and said he believes Walgreens has a higher level of competence to handle this type of sales and that he would have a greater concern with on-site consumption. Vice Chairman Howdyshell said Walgreens has a good reputation and there is no cause for concern stemming from sales by retailers. Chairman Munoz concurred with Commissioner Fletcher's remarks. He asked legal counsel to respond to Mr. Mann's remark about "obligation." Steven Flower, Assistant City Attorney reported that the ABC bases their license thresholds on the number people in a census tract. He said their threshold for this tract is 7 and if there is another application, the 8'" license will require a PCN approval from the local agency. He said there is no obligation to fill the slot but the number of open spots has nothing to do with the CUP application and that is what the Commission should consider. Chairman Munoz concurred with staffs recommendation to approve the application. Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Resolution of Approval for DRC2010-00420 as amended. Motion carried by the.following vote: AYES:: - . FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried * * * * * E. NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00421 - LUCE FORWARD ON BEHALF OF WALGREENS-A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Office Professional District located at 6400 Haven Avenue-APN: 0201-262-37. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities) Planning Commission Minutes -5- August 25, 2010 Jennifer Nakamura, Associate Planner, presented the staff report. Vice Chairman Howdyshell confirmed that there are only 2 active licenses in the census tract. Ms. Nakamura confirmed there are 2 active and 1 surrendered licenses. Ms. Chavez said all of her comments related to the previous hearing item also apply to this application. Chairman Munoz opened the public hearing. Gregg Mann, 10365 Bristol Drive, Rancho Cucamonga, stated he received notice about this application in the mail and he lives about 150 feet away from the Walgreen's store. He asked who surrendered their license. Mr. Mann said there are so many in the area and that he believed the helicopters seen overhead might be related to an over-concentration. He said with schools,the 210 Freeway and Walgreen's proximity to Corky's, McAlan's, and Tios, he did not see the need. He said the traffic at the 7-Eleven is horrible. He said security was supposed to be provided there and a community survey to evaluate how the 7-Eleven was impacting the neighborhood was supposed to be performed and to his knowledge, it never occurred. Ms. Nakamura explained that the various types of licenses are all counted differently and there may be more in the area because of this fact. She stated that because the boundary of this census tract is on the north side of Lemon Avenue and it is a different tract to the south of the same street, and that is one way the number of licenses in an area can be affected. Ms. Chavez indicated that her response is the same as the previous item;there is customer demand and the customers expect this convenience. Chairman Munoz closed the public hearing. Vice Chairman Howdyshell said that if there was a retailer"on the radar,"then the approval would be an issue. She said they would make sure it is done right and that the City does has some control_ with a Conditional Use Permit (CUP). Commissioner Fletcher said this is the same as the prior application. He said if the beer and wine sales become a problem, the CUP can be revoked. He said it is a customer convenience issue. Chairman Munoz said he doubted that drunk drivers alone are relative to the helicopters seen overhead. He said law enforcement is cautious. He said there are specific conditions for this approval and if it creates problems, it can be brought back and they will have to answer to those problems. He noted that if anyone has read the newspapers lately they would note that the Cornmissionjs actively involved in controlling such problems. Motion: Moved by Oaxaca, seconded by Fletcher, to adopt the Resolution of Approval for DRC2010-00421. Motion carried by the following vote: • AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried F. NON-CONSTRUCTION CONDITIONAL USE PERMIT-DRC2010-00490-RAUL ZENDEJAS - A request to sell distilled spirits at a 2,800 square foot Mexican restaurant located in the Community Commercial District (CC) of the Foothill Boulevard Specific Plan (Subarea 2) at Planning Commission Minutes -6- August 25, 2010 9030 Foothill Boulevard Suite #102 - APN: 0208-101-19. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines as a Class 1 (Section 15301) exemption, which covers the permitting of existing structures that involve little or no expansion or use beyond that existing at the time of the lead agency's determination. Tabe van der Zwaag, Associate Planner, presented the staff report. He confirmed that the City sports center is on the back side of the building and is accessed from the rear of the center to the north of the site. Vice Chairman Howdyshell asked why Exhibit C denotes the business as a "Sports Grill." Commissioner Fletcher said there are other Zendejas restaurants and he asked how many there are. Mr. van der Zwaag deferred the question to the applicant. Commissioner Oaxaca asked if they previously owned the Zendejas location to the west and if they had a similar business operation. Mr. van der Zwaag said that is correct. He said the previous location also had an Entertainment Permit. He said he checked with the Police Department and they did not have any issues with the prior location. Raul and Maria Zendejas stated their request is for a restaurant and they want to offer distilled spirits as at the previous location. They said they were part time managers at that location as it was a family business and now this location is their own. Vice Chairman Howdyshell asked about the "Sports Grill" notation. Mr. Zendejas said it is a restaurant but they do have television for sports. Chairman Munoz opened the public hearing. Luanna Hernandez, 6797 Hellman Avenue asked for confirmation of the exact location of the business. Mr. van der Zwaag indicated that it is directly next door to Big Lots in the Osh Center. Chairman Munoz closed the public hearing. Commissioner Fletcher said that since Gemco moved out, the plaza has struggled with many,_ vacancies. He said restaurants can sell beer and wine and he could not imagine Mexican food without a margarita. Commissioner Wimberly said the applicants are new owners and operators and that they should be sure to read their permits, understand them and know their boundaries because it is important. Commissioner Oaxaca said he is happy to hear that their were no law enforcement issues at the previous location and that she hopes for the same trend at this location. He wished them success in their business. • Planning Commission Minutes -7- August 25, 2010 Vice Chairman Howdyshell said she is glad they are bringing in new jobs and the restaurant should enhance the existing plaza. She wished them good luck and suggested they focus on their permit because it is a key element in running a successful business. Chairman Munoz concurred with the previous comments. He noted the application is in accord with the General Plan and Development Code and there are no significant affects related to the application. Motion: Moved by Howdyshell, seconded by Wimberly, to adopt the Resolution of Approval for Conditional Use Permit DRC2010-00490 by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried G. TENTATIVE PARCEL MAP SUBTPM19247-CITY OF RANCHO CUCAMONGA-A request to subdivide a parcel of approximately 4.14 acres of land currently developed with the Etiwanda Depot and associated equipment into two parcels of approximately 3.46 acres and approximately.54 acre of land located at 7089 Etiwanda Avenue in the Low Residential District (2-4 dwelling units per acre) - APN: 0227-121-18. Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 - Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less Cathy Morris, Planning Specialist, presented the staff report. She mentioned that she received some calls from residents that were expressing concern about possible development on the property. She said she explained the application to their satisfaction and answered their concerns. Commissioner Fletcher asked if it is the City's intent to develop the entire property or only a portion. Ms. Morris said the City wants to improve all of it as money allows. She said there is a 20-year agreement in place with SANBAG. Chairman Munoz commented that buying the lot will allow work to start on the building and this is the first step towards the remaining improvements and preservation efforts. Ms. Morris explained that the priority list is re-roofing first,then electrical and windows and doors for security reasons and then paint to follow that. Commissioner Oaxaca asked if ownership also gives the City access to grant funds applications. Ms. Morris said SANBAG will help pursue the grant funding. -Chairman Munoz opened the public hearing. Ed Diet! of HPARC said he is excited and happy and he is fighting for the museum. He said he hopes this is the first step towards this goal. He asked if there is money to purchase properties located elsewhere in the City. He asked where we got the money for this purchase. Ms. Morris explained that every year the City has put a little Block Grant money aside towards this purchase. Planning Commission Minutes -8- August 25, 2010 Luanna Hernandez reported that Bob Curtis worked hard on this and he is glad to see it. She said the historic groups are all behind this and appreciate the hard work of the Historic Preservation Commission and staff. Chairman Munoz closed the public hearing. Commissioner Fletcher said it is nice to see improvements on historic structures. He said he sees the frustration because it does not happen fast enough. He said he is glad the Redevelopment Agency came up with some money. He said it is a similar situation with Capital Improvements in that we have to get the money first and then the improvements can be made. He said he is glad about the Pacific Electric Trail improvements. Commissioner Wimberly said he shares the enthusiasm about this and it is special for him because it is in his neighborhood. He said he is glad to see the progress especially in this economy. He said he hopes for a great grand opening and he appreciates all the hard work. Vice Chairman Howdyshell said the staff and members of the historic groups have been very dedicated in their work on this. She said she looks forward to seeing the improvements. She said it is important that the integrity of the building stay intact. Chairman Munoz thanked staff for their hard work. He mentioned that although Bob Curtis is not at the meeting tonight, he is aware that he knows if this item tonight. He said Mr. Curtis was responsible for the biking/hiking part of the conceptual master plan of the Pacific Electric Trail and he is pleased that we are progressing on this. He said the application tonight is also part of the process. He said we cannot write checks for money we don't have on these items. He said he is really excited to see this happening. He again thanked everyone for their help and participation. Motion: Moved by Oaxaca, seconded by Wimberly,to adopt the Resolution approving Tentative Parcel Map SUBTPM19247. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried NEW BUSINESS H. USE DETERMINATION DRC2010-00494 - LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS - A request to determine whether grocery stores should be permitted within the Retail Business land use category in the Community Commercial District of the Terra Vista Community Plan. This project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The project qualifies under 15061(b)(3) of the State CEQA Guidelines because a use determination will not have any specific impacts on the environment Jennifer Nakamura,Associate Planner, presented the staff report. She said if the applicant chooses to sell beer and wine, they would have to apply for another CUP that is specific to that. Tamara Thompson of Landmark Development Group stated she represents Winco Foods. She thanked staff and said Ms. Nakamura did a great job. She added that Winco is employee owned and this application would bring 150-200 jobs to the area and fill the vacated Mervyn's space. She said they are working with Target towards synergy of the two uses. Vice Chairman Howdyshell asked where other Winco stores are locally found. Ms. Thompson said in Fontana and in Pomona. Planning Commission Minutes -9- August 25, 2010 Commissioner Fletcher asked in what states they are located. Ms. Thompson said in Wyoming, Idaho, Nevada, California, Utah and Oregon. Chairman Munoz asked if alcohol is sold in the Fontana and Pomona stores. Ms. Thompson said it is and it is their intention to come back with the Design Review for the store, sign permits and the permit for alcohol sales (off-site consupmption). Steven Flower, Assistant City Attorney, noted that the application for review tonight is for the Use Determination interpretation alone and it is not project specific. Chairman Munoz said this interpretation only applies within the Community Plan and is not project specific. Commissioner Oaxaca asked if we add supermarkets to this interpretation can it be used anywhere in the City. Mr. Flower clarified that this application only applies in the Terra Vista Community Plan. He said there is narrative language and specific regulatory language. He said the regulatory language is what is missing. He said the narrative is what lead staff to believe it should be allowed. Ms. Nakamura noted that Exhibit C of the staff report highlights the narrative language currently in place. Chairman Munoz opened the floor for public comment. Ed Dietl said if we can take an empty building and bring in revenue then he hopes they would approve it. He said it would help the area. Chairman Munoz closed the public comment section. Commissioner Fletcher agreed with Mr. Dietl. He said that years ago, we may not have thought it appropriate to have a supermarket there but the City has planned for more mixed use development on Foothill Boulevard in the future. He said it adds another place to shop and is good planning to do this. Commissioner Wimberly said the space has been vacant for a long time. He said this would utilize the space and bring vitality to the center as well as provide revenue and jobs. He supported the Use Determination. Commissioner Oaxaca concurred and said that the intent of the narrative supports the Use Determination and the category of supermarkets should be included as requested. Vice Chairman Howdyshell supported the interpretation by staff. She said it should be a complement to the center, provide jobs and fill the vacant space. She said they should be busy as there are no other markets nearby. Chairman Munoz concurred. He said it would fill the vacancy and provide 150-200 jobs. He wished the applicant good luck. Planning Commission Minutes -10- August 25, 2010 Motion: Moved by Howdyshell, seconded by Wimberly, to adopt the Resolution of Approval for Use Determination DRC2010-00494 as presented. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried * * * PUBLIC COMMENTS Gregg Mann thanked the Commission for recently addressing the issues related to businesses that are abusing their Entertainment Permits. He said he likes the Walgreens Store but he recalled that 6 or 7 years ago he was notified about the public hearing related to the development of the 7-Eleven store at Haven and Lemon Avenue. He said that at that hearing the Commission said the applicant would be required to perform a survey of the nearby residents about their performance as a business-a "how are we doing" type of survey. He said he never saw security people there and never got a survey. He also suggested a traffic study because the traffic backs up on Haven when motorists attempt to make a left turn to enter the most easterly driveway into Walgreens off of Alta Loma Drive. James Troyer, Planning Director,thanked him and requested he leave his contact information with the secretary so that he could contact him regarding his concerns. * * * * COMMISSION BUSINESS None * * * * * ADJOURNMENT Motion: Moved by Fletcher, seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned at 9:05 p.m. to a workshop held in the De Anza Room regarding Pre- Application Review DRC2010-00530, Nevis Homes. The workshop adjourned at 9:15 p.m. and those minutes appear separately. Respectfully submitted, � d, U 9" � Rr Troyer, AICP Secretary Approved: September 8, 2010 t Planning Commission Minutes -11- August 25, 2010