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HomeMy WebLinkAbout2007/06/13 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting June 13, 2007 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:03 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Stewart then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Rich Macias, Lou Munoz, Pam Stewart ABSENT: None • STAFF PRESENT: Candyce Burnett, Senior Planner; Pei-Ming Chou, Associate Planner; Rebecca Coleman, Office Specialist II; Michael Diaz, Senior Planner; Kevin Ennis, Assistant City Attorney; Donald Granger, Associate Planner; Dan James, Senior Civil Engineer; Rina Leung, Senior Planner; Jennifer Nakamura, Assistant Planner; James Troyer, Planning Director; Tabe Van der Zwaag, Assistant Planner; Barbara Tuncay, Planning Secretary; Kurt Keating, Code Enforcement Supervisor;John Thomas,Plan Check Manager ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Macias, and carried 4-0, to approve the minutes of May 9, 2007. Motion: Moved by Fletcher, seconded by Munoz, (Macias abstain) carried 3-0-1, to approve the minutes of May 23, 2007. CONSENT CALENDAR None PUBLIC HEARINGS A. TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16072- RICHLAND PINEHURST INC.-A request for a time extension for a previously approved tentative tract map to subdivide 150.79 acres into 359 lots in the Low(2-4 dwelling units per acre)and Very Low(0.1-2 dwelling units per acre) Residential Districts, with an average density of 2.3 dwelling units per acre for the entire project, in the upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northwest corner of Wilson Avenue and East Avenue -APN: 0225-083-01, 12, 13, 15, 16 and 20. Related files: Development Agreement DRC2002-00156, Annexation DRC2002-00865,and Tree Removal Permit DRC2003-00461. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City • Council on June 16, 2004 by Resolution 04-204 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. This item was continued from the May 23, 2007 meeting. Pei-Ming Chou, Associate Planner, presented the staff report. Chairman Stewart opened the public hearing and asked if the applicant was present. Stan Morse, 17370 Red Hill Avenue, Irvine stated that he is representing the applicant and that he did not have any questions. Chairman Stewart stated that the time extension is a very straightforward item. She asked if there were anymore questions and/or comments from the public and seeing none, she closed the public hearing. Motion: Moved by Munoz,seconded by Fletcher,to adopt the Resolution of Approval for the Time Extension for Tentative Tract Map SUBTT16072 Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: -carried • B. CONDITIONAL USE PERMIT DRC2006-00510-CASH AND ASSOCIATES ENGINEERS-A request for a land use entitlement for an existing legal non-conforming processing facility operated by Pacific Coast Recycling and to replace existing outdated automobile shredding and ferrous metal recycling plant facilities with modernized equipment on approximately 5 acres of land in the Heavy Industrial District (Subarea 15), located at 8822 Etiwanda Avenue - APN: 0229-131-15. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). The scope of the project consists of minor alteration to existing facilities, consisting of the changing out of existing industrial and mechanical equipment with modem industrial and mechanical equipment. Donald Granger, Associate Planner, presented the staff report. Chairman Stewart opened the public hearing and asked if the applicant was present. Dale Leuer, 8822 Etiwanda Avenue stated that he is the applicant and was there to answer any questions of the Commission. Jamie Hansen, 12459 Arrow Route, stated that he is there in favor of the project and that this business will ad to the three recycling businesses already there which provides about 1,000 jobs. He added that he would like to see this item approved. Chairman Stewart closed the public hearing Vice Chairman Fletcher stated that the business has been there for a long time and even though it's a legal non-conforming business, the requested changes for improvements mitigate and decrease the level of non-conformity. He added that they do provide 48 full-time jobs and felt that this is a reasonable and good request. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolution of Approval for Conditional Use Permit DRC2006-0510. Motion carried by the following vote: Planning Commission Minutes -2- June 13, 2007 AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: -carried C. CONDITIONAL USE PERMIT DRC2006-00985 - MMI TITAN ON BEHALF OF VERIZON WIRELESS - A request to construct a 48-foot high wireless communication facility in the Medium Residential District, located at 6627 Amethyst Avenue(Fire Station#171)-APN:0202- 101-11. This project is categorically exempt from the requirement of the Califomia Environmental Quality Act(CEQA)pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). D. VARIANCE DRC2007-00087-MMI TITAN ON BEHALF OF VERIZON WIRELESS-A request to locate a 48-foot high single carrier major wireless communication facility within 300 feet of residential and within 100 feet of another major wireless communication facility in the Medium Residential District,located at 6627 Amethyst Avenue(Fire Station#171)-APN:0202-101-11. Jennifer Nakamura, Assistant Planner, presented the staff report. Chairman Stewart asked that Ms. Nakamura explain to the public how this project will enhance our emergency service communications and response time in the City. Ms. Nakamura explained that Verizon is the City's carrier for cellular service for both City and Fire Protection Districts. She added that one of the problems that arises in the northern part of the City is that the Emergency response vehicles signals drop and the coverage is not consistent which creates the potential for a situation where they may not have full wireless and/or computer capabilities which could result in time delays in responding to emergency calls. She explained that this is not the first Verizon site that the City has located on a fire station; they currently have one being constructed at the fire station on Banyon Street which has provided a great benefit to the City and the Fire Protection District as well as the residents in that area. Vice Chairman Fletcher asked if this site will serve both the public as well as the City. Ms. Nakamura confirmed that the cellular site will serve both the City as well as the public. Chairman Stewart opened the public hearing and asked if the applicant was present. Ramon Salazar, 12225 South Street, # 205, Artesia, California stated that he represents the applicant and that this has been a long process because Verizon originally wanted to be co-located with another cell site but since that wasn't feasible, they had to request a variance,which has made this process somewhat of a challenge. He added that he feels the main reason they qualify for the variance is because of the huge gap in that area which has been a concern for the Fire Department for some time now. Chairman Stewart asked for response from the Fire District. Mike Costello, 10500 Civic Center Drive, remarked that having this cell site located there will increase response times, computer capabilities such as real time dispatch information and the mono-pine at the Banyan station is one of the best looking he has seen. Commissioner Munoz asked Mr. Costello to explain to the audience what their remedy is when they do lose a signal. Planning Commission Minutes -3- June 13, 2007 Fireman Costello explained that they have something called a Geoplasm that comes from the dispatch center that puts a star exactly where we need to go and we also have backup map books as well as a hard drive on the computer and all that put together gets them there pretty quick. Charles Boshur,9529 19th street, stated that he has lived there for fifty years and is opposed to the addition of the cellular site because each one gives off a certain amount of radiation. He added that there is one tower there already that was put up without a permit and now they want another one there and who knows how long before they want to put even another on there. He added that there is an elementary school down the street as well as a board and care facility and a Senior Center and emitting all this radiation cannot be good. Chairman Stewart asked if there was someone either from Verizon or the Fire Department who has knowledge on radiation explain how things work as well as address the alleged lack of permit for the other cell site that is existing. Ms. Nakamura replied that it is her understanding the radiation emitted from cell cites is well within FCC standards and that they actually emit less radiation that a microwave oven. She added that • she is not familiar with the original installation of the pole that is there, that staff would have to research that and get back with the Commission on that. Chairman Stewart asked that when the mono-pine gets installed,does it reduce the number of sites on the pole or does anything else happen that would reduce radiation exposure? Ms. Nakamura replied that it will increase the number of carriers on that pole, which would most likely increase radiation emitted. Vice Chairman Fletcher stated that he didn't think there is any scientific evidence that this amount of radiation is a problem and inquired if you have a concentration of towers in a certain area if that still doesn't pose a health risk to the surrounding neighborhoods. Ms. Nakamura replied that that was an excellent question, but that isn't anything that she is aware of and would refer the question to the Verizon representative for his response. Mr. Salazar explained that Verizon registers all their sites with the FCC and are licensed by the FCC as well and in response to accumulative impact,they take all the sites there into consideration and they all fall well below FCC standards and actually, there is room to tum them up if they needed to, but they don't. He added that TV's, phones, microwaves all emit radiation,just in different waves and their cell sites are so high up on frequency that they will not interfere with pacemakers or anything like that. He also stated that they would put together an accumulative impact report for the Commission if they so desired. Commissioner Munoz stated that the facility that they are proposing is enhancing public health and safety as by what was stated earlier by the Fire Department and he is in favor of the project. Vice Chairman Fletcher stated that he travels through the area where the dead zone is located and it is important for both residences and businesses that we have good cell coverage throughout the City of Rancho Cucamonga. Chairman Stewart closed the public hearing. Chairman Stewart stated that cell cites are always problematic and the problems that arise from are aesthetic and we don't like them in our neighborhoods, but we all work and live by cell phones and we need the Fire and Police Departments to be able to do their job and if you ask residents from Alta Loma, they will tell you how they stand out on their balcony or rooftops to try and get reception. Planning Commission Minutes -4- June 13, 2007 • So when we get these presented to us, we try and discern all this type of information. We did discuss this in design review because it is adjacent to an apartment building and closer than we usually allow them, but it is disguised as a pine tree and it is something that is very necessary in order for us to do business and at this point and time,there is no one who has pointed to us that this is a harmful or problematic piece of equipment that we are going to be installing. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolutions of Approval for Conditional Use Permit DRC2006-00985 and Variance DRC2007-00087. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: - carried E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT- DRC2007-00076 - W ILKUS ARCHITECTS -A request to develop a 6,852 square foot full service restaurant with bar on an existing 70,000 square foot lot that is a part of a previously approved 7.01 acre master planned development in the Industrial Park District(Subarea 12), located at 11336 4th Street at the northeast corner of Milliken Avenue and 4th Street-Related Files Tentative Parcel • Map SUBTPM16282 and Conditional Use Permit DRC 2003-00728. On January 28, 2004 a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM16282. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. Tabe van der Zwaag, Assistant Planner, presented the staff report. Chairman Stewart opened the public hearing and asked if the applicant was present. Don Howard, 18231 Irvine Boulevard, Tustin, stated that he is there to represent Market Place Properties and is very proud to bring Tahoe Joe's to Southern California which will be their first restaurant here. It's actually Tahoe's Famous Steakhouse and if you see the architecture it really gives the project a great feel. He added that they agree with the staff and conditions of approval and was there to answer any questions. Commissioner Munoz stated that he thinks this project will fit well into the proposed location and he had a chance to visit one of these restaurants up north and has an idea as to what the architecture will look like which is very similar to what we are looking at this evening. Chairman Stewart asked Mr. Howard how many restaurants he has in California and confirmed that this would be his first in southern California. Mr. Howard replied that by the time this restaurant is open,they will have eleven restaurants based in the central valley as well as a couple up in Sacramento. Chairman Stewart asked where his restaurant originates. Mr. Howard answered that their corporate office is in Fresno and the farthest south restaurant they have is in Bakersfield, as well as San Louis Obispo, two in Fresno, Modesto, Vacaville and Pleasantville. • Planning Commission Minutes -5- June 13, 2007 • Chairman Stewart stated that the City has a lot of restaurants, but we still have to wait awhile to eat, so this restaurant is welcome and is a huge compliment to that area and with the hotel there,that will help business tremendously. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolution of Approval for Conditional Use Permit DRC2007-00076. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: - carried F. TENTATIVE PARCEL MAP SUBTPM17808-WILLIAM ESPINOZA-A request to subdivide a .75 acre parcel into two lots in the Low Residential district(2-4 dwelling units per acre)located at northeast corner of Archibald Avenue and Palo Alto Street-APN: 1077-022-74.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 Subdivisions. Tabe van der Zwaag,Assistant Planner, presented the staff report and added that he received a call from resident who stated that they were upset because when they originally purchased their home, they were told that the lot would not subdivide at all and that they would be the only dwelling unit upon that site. He wanted to voice his concern because he felt he was slightly deceived when he purchased the home and was lead to believe that his would be the only house on the large lot. He he explained to the neighbor that he would bring up his concern at tonight's meeting. Chairman Stewart asked if the resident was satisfied with that answer. Mr. van der Zwaag replied that the neighbor understood but was still upset about it. Chairman Stewart opened the public hearing and asked if the applicant was present. Kevin Ennis, City Attorney interjected that there is a correction to one of the resolutions where a paragraph was deleted because it was not needed. Bill Espinoza, 10218 Foothill Boulevard, stated that he used to be the owner of Espinoza Tire Company and has been in the tire business for forty five years and has lived in the City for a long time and knows Rancho Cucamonga very well. He added that he had been looking for a property that was close because he wanted to move his house and the further away you move a house the more expensive it is. He stated that he doesn't want any problems with his neighbors and so he will talk with them but he does want to move his house because it is near and dear to his heart. He said that he wants to be with his family and that he has a very large family and that he realizes he could purchase a larger home elsewhere, but he felt that this is the house he wants to five in for the rest of his life. Chairman Stewart closed the public hearing. Vice Chairman Fletcher stated that it takes a lot of fore thought to build a house that you are going to have to move in the future which gives a whole new meaning to mobile homes. He added that it is good that he is trying to keep his family together. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolution of Approval for Tentative Parcel Map 17808. Motion carried by the following vote: Planning Commission Minutes -6- June 13, 2007 AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: - carried G. MODIFICATION OF CONDITIONAL USE PERMIT NO.85-37 - DRC2007-00134 - El POLLO LOCO- A request to expand the floor area of the existing fast food restaurant by approximately 1,091 square feet; in the Deer Creek Shopping Center in the General Commercial(GC)District, located at 7746 Haven Avenue; APN: 1077-401-31. The Planning Department 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 1 exemption, under State CEQA Guidelines Section 15301. (e).2, Existing Facilities. Daniel Correa, Planning Technician, presented the staff report. Chairman Stewart opened the public hearing and asked if the applicant was present. Chairman Stewart stated that the letter from Inland Foods states their hours of operation on page G- 9 of the staff report and the hours of operation stated in the resolution on page G-12 of the staff report are not consistent with El Polio Loco. Chairman Stewart added that she did not want to approve anything until research was done and the hours of operation were clear in case staff needs to modify the resolution and so that we are consistent. Mr. Correa explained that the difference in the hours noted reflect employee hours as well as hours of operation. - Chairman Stewart replied that she understood the two hours of operation being for employees as well as actual hours of open to the public operation, but the hours listed still do not reflect those hours stated and they need clarification. She added that the Commission should take a few minutes to review them and see if a modification to the resolution is needed but in the meantime they will continue on with the public hearing portion of the item. Victor Newlove, 1330 Olympic Boulevard, Santa Ana stated that he is the architect for the project and was asked to expand this particular El Polio Loco restaurant by approximately 1100 feet with about 600 plus feet that will be used for the dining room. The intent for the expansion is to increase the kitchen size so it's more workable and to increase the storage capacity to make it more efficient and also to accommodate for more room for restrooms for the ADA. The existing building was built in 1988 and currently does not meet the new criteria for ADA. He added that the intent of the owner is to also bring up the landscape to new standards so that the building looks as nice as possible. He went on to say that the building exterior will be a continuation of what is already there in the Deer Creek Center. Mr. Newlove added that he knows that their hours are different for employees work schedules than the actual hours of operation because of time needed to prepare the side dishes and cook the chicken and also after hours for cleaning up. Chairman Stewart replied that the hours of operation are not the problem, the problem is that the hours that El Polio Loco submitted are not consistent with what is in our resolution of approval and they need to be consistent and so we need to clear this up so that in our future, this will not be brought back to the Commission as an issue. Chairman Stewart closed the public hearing. Kevin Ennis, City Attorney stated that there is an error in the hours stated and they should be for employees 7:30 a.m.to 10:00 p.m.and hours of operation are 9:00 a.m.to 9:00 p.m. The hours are Planning Commission Minutes -7- June 13, 2007 correct for Sunday being 9:00 a.m.to 9:00 p.m.and then Monday through Saturday the hours will be 9:00 a.m. to 9:00 p.m. Chairman Stewart clarified that there needs to be an amendment to the hours as indicated on page G-12 section D of the resolution of approval. Commissioner Munoz stated that the area that they would like to expand into is often vacant and so he felt that this is a good use for that area. Chairman Stewart stated that she is glad the restaurant is doing well enough to expand and that this is a good use for the area. Motion: Moved by Munoz,seconded byFletcher,to adopt the Resolution of Approval Modification of Conditional Use Permit 85-37, DRC2007-00134 as amended. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: -carried . . . . . H. MODIFICATION OF TENTATIVE PARCEL MAP SUBTPM17797 - RC HYSSOP, LLC - A request to subdivide 2.8 acres of land containing one building into 5 tenant spaces to create industrial condominiums located at 9272 Hyssop Drive in.the Industrial District (Subarea 14) APN:0229-283-12. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Divisions: This • action is a modification of Tentative Parcel Map SUBTPM17797 which was approved for 4 tenant condominium spaces. Mike Diaz, Senior Planner presented the staff report. Chairman Stewart opened the public hearing and asked if the applicant was present. Rich Scott,8311 Haven Avenue,stated that he is the applicant and appreciates the well written staff report and stated he is available for questions. Chairman Stewart closed the public hearing. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolution of Approval for Modification of Tentative Parcel Map SUBTPM17797. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: - carried NEW BUSINESS None COMMISSION BUSINESS None Planning Commission Minutes -8- June 13, 2007 OLD BUSINESS None DIRECTOR'S REPORTS I. UPDATE REPORT CONCERNING CONDITIONAL USE PERMIT FOR HILLSIDE COMMUNITY CHURCH. Chairman Stewart explained that the Commission would take a five minute break to review the numerous emails that they received from residents and members of Hillside Church and then the meeting would reconvene and at that time, she would allow everyone to speak for no more than three minutes each and they would use their light system of green,yellow and red. She noted that when the yellow light appears, it means you one minute is left to speak. She asked that they summarize their concerns at that point. She asked if possible for those sharing the same concerns to ask one spokesperson to summarize the concern. She noted that the many e-mails received are mostly in support of the church's activities. Rina Leung, Senior Planner, presented the staff report. Commissioner Munoz asked if staff had received any response to the list of"demands"in regard to the Church's activities. Ms. Leung replied that they have not received any responses to that list but a representative from Hillside Church is available for comment in the audience. Commissioner Macias asked a question if the information on page 1-3 in the top paragraph where it states, "The City continues to monitor the site for compliance with the Conditions of Approval and Mitigation Measures. According to inspection records, there have been no issues reported at the site." He asked if that is the result of the monitoring that has been performed by the City. Ms. Leung replied that is correct; both for noise and construction. Commissioner Macias stated that he wanted to know what the Building and Safety Department as well as the Code Enforcement Department findings were. Chairman Stewart interrupted the meeting to address the audience concerning the blocked fire exits and asked for everyone to clear the isles and step away from the exits. She said staff would tum on the courtyard speakers so everyone outside could hear the proceedings. John Thomas, Plan Check Inspection Manager for the Building and Safety Department explained that in a project this size there is a development process in which conditions of approval are determined and a mitigation plan is then developed which identifies the roles of departments in ensuring that those mitigations are followed through construction to the point of issuing a certificate of occupancy. He noted that Code Enforcement makes sure that the contractor maintains records and documentation that support those mitigation efforts. He said following the last Commission meeting, they first met with the contractor and church representatives to make sure the ongoing mitigations were being adhered to. Further, he said based on specific complaints, they began to have a building inspector on the site at 5:45 a.m. every other morning throughout the week to verify that vendors and/or crews that were arriving early were not creating additional noise by idling their engines or using outside radios. He said based upon the inspector's reports,they did ascertain that vendors were arriving early to the site but that no construction activities, loud radios or idling occurred. He said the documentation reflects that they were arriving early but were parking their vehicles and not creating noise. He added that they also monitored noise levels specific to the Planning Commission Minutes -9- June 13, 2007 construction job site and equipment being used and he noted that they are making proactive attempts to make sure dust from the site is not problematic to the neighbors. He said that staff is always available here and that they are ready to respond to complaints, even on the same day. He commented that since receiving the Commission's direction, Code Enforcement staff has not received any further complaints. Commissioner Macias asked if any of his inspectors have witnessed any violations. Mr. Thomas stated they have not. Vice Chairman Fletcher asked for more details with respect to noise on the field regarding the activities and schedule. Kurt Keating, Code Enforcement Supervisor, stated that there have been many inspections since the last meeting and that he prepared a summary report which he presented on the overhead projector. He noted locations where sound meter readings were taken for noise on the field. He said they attempted to do inspections at the church at the times that sports activities were slotted on the church calendar posted on their website. He noted an inspection was done on Sunday,May 20, at about 3:00 p.m. He said Code Enforcement staff has attempted to assist the Building and Safety inspectors. He said staff did not witness any construction or other violations at that time nor were there any activities on the field, although there were activities scheduled on the calendar. He said the second inspection occurred on Saturday, June 2 at 10:15 a.m. He said there were no sporting activities occurring but they did have field maintenance being done. He said they did take readings of between 45-50 decibels from various locations (and 40-45 decibels taken from the residence). He added that the parking lot was only 1/3 full and did not note any overflow vehicles parked on the surrounding streets. He said on Saturday,June 2, at 2:10 p.m. the readings ranged 45-50 decibels and up to 67 decibels for a short"spike"of about 30 seconds(resulting from cheering). He said the lot was at about 75%capacity with no vehicles observed on the street. Sunday June 3,they visited at about 11:15 a.m. and no activity was observed on the field (because of worship services). They noted the lot was full, 30 cars were on Haven Avenue and about 9 vehicles were on Vista Grove. He added that they did a mid-week inspection on June 6 at 4:30 p.m. and no activity was occurring with only 5 cars in the lot. On June 9, at 10:30 a.m. and that aftemoon,there was no activity. Their final visit was on Sunday,June 10 at 10:00 a.m.with a full lot and a few overflow vehicles and again at 2:00 p.m.that same day. During the afternoon visit they observed no activity with only a few cars in the lot. He noted that the church was not notified of the inspections prior to their occurrence,they occurred randomly, and they attempted to take their readings when the church calendar indicated activity was scheduled. Chairman Stewart asked what an acceptable noise level is in decibels. Mr. Keating responded that the Municipal Code states the maximum from 7:00 a.m.to 10:00 p.m.is 60 decibels. He added that if noise does exceed 60 decibels, that there are exceptions that allow noise spikes (Noise Abatement)to not exceed specific time periods noted in the Municipal Code, Section 17.02 120 D, a-e. He concluded that no violations on the field occurred during their inspections. Vice Chairman Fletcher asked if he had any idea why there was no activity on the field for so many scheduled events. He asked, "where did all the kids go?" Mr. Keating, assumed that the church may reserve the field for activity but then nothing was scheduled. He suggested the Church representatives might be better prepared to answer that question. • Planning Commission Minutes -10- June 13, 2007 Chairman Stewart commented that she made 3 separate site visits on her own on June 10 with no activity; on Monday June 11 in the evening and found no activity and also visited on a Sunday prior to June 10 at 4:00 p.m. and found no activity. She said the other Commissioners may have also made visits. Terri Smith, 10343 Ridgeview,apologized that she was unprepared due to a family emergency. She noted Kurt Keating was told that Saturday was the loudest. She asked why after the last Commission meeting on April 25,were no readings done until May 20. She said that was almost a month that no readings were done during the peak of the baseball season. She said it is at the discretion of the church if they want to cut their season or make it longer, but that she found it upsetting that they made their visit on Sunday. She said that he said the website said that they were having games on Sunday and that right after the last meeting,they removed that from their website. She said it is not correct that he saw that on their website. She reiterated that he was told Saturday was the loudest day and that he still visited on Sunday. She said that when she had the meeting with church leadership that one request was for funeral days and was told the church would comply with evidence of a death certificate. She said she did not know how the reading was being taken from the Schmidt's private property because it is inaccessible and blocked by the church. She also stated that the readings were taken in plain view of the church and therefore the church participants would know to quiet down much like a driver would slow down if he sees a police officer with a radar gun. Chairman Stewart noted that this is not a public hearing but she invited anyone to come and speak on the issue. Bruce Mercado, 10327 Ridgeview Court directly behind the church. He asked why the sound readings could not be taken from the public area,easement,or from their property rather than on the church property. 111 Dave Bums, Pastor of Hillside Community Church. He asked three persons to speak regarding how much play is done on the field and when they are there and when they are not; the second from Fulmer Construction regarding dust control and Brad Buller regarding their process and history of developing the property. He said there are some other neighbors that live adjacent to the church and he commented that he did not think that Ms. Smith was speaking for all of the neighbors. He added that he would be happy to answer questions and to bring a summary at the end. Alan Aylor, Executive Pastor, Hillside Community Church,stated that he is responsible for the sports ministry and that he wanted to clear up some of the misleading statements being presented. He said that the claim that they have outside sports activities nearly year round is not true. He said they offer two outside programs soccer beginning in late August and ending in October and baseball. He said the baseball/softball season begins with a few Saturday practices in February and then ends early in June. He said there are no outside sports during November, December,January and most of February. He said this has occurred for 10 years. He said they have worked hard to move as much of their activities off-site as possible. He said in the past, they typically would have had 4 fields simultaneously being used for soccer games and practices and this year they used only 1 field • with no more than 2 teams on site at a time. He said in the past with baseball,they may have had 6 fields in play at a time with 12 teams engaged in games. He noted that this season,they had only 1 field with only two teams in practice or playing games. He added that this soccer season the field was used Monday through Wednesday nights and again on Saturdays. He said for baseball it is Monday through Thursday nights and then on Saturdays. He said in both cases games were concluded by 7:00 p.m.weekdays and by 3:00 p.m. on Saturdays. He said there were no sports on Fridays or Sunday afternoons. Charles Taylor, Director for Environmental Health and Safety for Fulmer Construction, stated that the church was very concerned from the beginning about the impacts of the project on the Planning Commission Minutes -11- June 13, 2007 neighborhood. He reported that he is a certified safety professional and with the AQMD in dust . control. He said they have dispensed nearly 1/2 million gallons of water on this project to keep the site moist. He noted that the best way to do this is to saturate the soil and then keep it moist and that way the dust does not leave. He commented that they also used a soil amendment(ground up rocks). He said it is similar to saran-wrap and acts as a binder. He commented that 65 decibels is a normal speaking voice and he demonstrated this by stepping away from the microphone. Brad Buller, Hillside Community Church, thanked the Commission for what they do. He said he recognizes the role of a Planning Commissioner. He noted that in 1982 the founding families came to the City and said they wanted to do something for this community and asked to start the church. He said the City advised them as to everything they needed to do and the requirements to meet and that they went through all the steps to get a very visionary master plan approved in 1983. He said they have been before the Commission numerous times since then and it has been substantiated that they abide by their Conditional Use Permit and they have continued to do the right thing. He said they had these activities in mind that many years ago and it has been before the public on numerous occasions and it has been affirmed that this church is a good community neighbor. He commented that the community has a tapestry of uses and the church is one of the fabrics that make up the fabric. He thanked the Commission because the place,people activity and the values represented on that church campus has changed his life since he and his family first attended in 1988. He said he is a volunteer like the commissioners. He said the Commission did the right thing in 1983 and have done so on numerous occasions since by saying thank you for doing what you are doing, continue, a job well done. He said he hopes that today they would once again hear their support for the uses and the approved master plan of the church. He asked permission to come back to the podium to answer to one issue. David Reardon, 10329 Vista Grove,stased he has been a resident 2 houses away from the church since 1993. He said before the current project was started,the church met over 6 months and held many meetings to address the concems of the neighbors and to present updated plans. The result was that the church lowered the main sanctuary one story and added a parking garage. He said he was surprised to hear that some neighbors had a problem with the construction. He said he downloaded the April 25th meeting and was disturbed by some of the statements made. He said there is no "spokesperson" as the neighbor claimed. He reported he was not made aware of or invited to join in with any meetings with the neighbors or to meet with the Commission. He noted that the issues with the construction will move on as the project is completed. He commented that the claims about the noise from the fields creating a perceived nuisance was not presented well because the activity on the field has been dramatically reduced in the last year. He stated it works out to be about 6 1/2 months of the year as opposed to the 15 hours per day that was stated in the April 25th meeting. He remarked that he did not believe the sound of children playing games would cause the loss of the enjoyment of their property nor does it decrease their property value. He said that contrary to what was reported, the church has tried very hard to be a good neighbor including the addition of a parking garage, lowering of the profile of the sanctuary building and their efforts to work with the City and neighbors on the parking issues. He said the church of 24 years has been a great asset to the community and he is proud to have them in the neighborhood. Terri Douglass, 10313 Vista Grove, stated she supports all the programs and activities of Hillside Community Church. She said that she believes they are an asset to the community and a benefit to her family and that she does not want to see any changes in their conditions or to see them shut down. She said she was not invited to the meetings held by the neighbors or by Terri Smith. She said the church has been a great neighbor. Van Putnam,stated he supports the church because the approvals for their use was approved in the early 1980's and the church's activities were ongoing even before the complainant purchased her home. He said the church is an asset to the community and their outreach programs benefit the community overall. He said their programs require full access to the facility in order for them to take Planning Commission Minutes -12- June 13, 2007 place. He said the church has a history of working with the neighbors to mitigate issues such as street parking. He likened it to a person deciding to not by a home next to an airport rather than ask the city to stop flying planes. He said the church has a positive impact on neighboring communities I particularly with its sports programs, handyman services, and safe activities for teens, all of which could not happen with the proposed changes. Stephanie Reardon, 10329 Vista Grove Street, stated she enjoys living near the facility. She said it is a wonderful,wholesome environment and she enjoys hearing the children playing. She said the church works hard to work with the neighbors and she is proud to be a neighbor,they are an asset to the community. Gary Simpson,stated he has attended the church for 14 years and leads the singles group. He said he knows many of the parents of the children who participate in the programs provided by the church and that they are encouraged to grow up to be good citizens and it is important for the city to maintain and encourage these programs. Chris Pierce, 13459 Smoke Stone, Etiwanda, stated his 3 daughters have enjoyed the sports programs at the church. He stated that his current home backs up to Etiwanda High School and they did much research on the school prior to purchasing their home. He said they accepted the choice to live behind the high school knowing the schedules and impacts of the school's programs might have on the neighbors. . Dave Bums, Pastor of Hillside Community Church, stated he lives at 9557 Sunflower Street, and has been a resident of over 25 years. He reported that they received approval of their master plan before any of the homes around the church property were developed and that master plan has been followed for over 20 years. He stated they have not deviated from it, it has been affirmed by the Commission on a number of occasions and that plan includes the outdoor activities such as the I baseball and soccer programs which are a great asset to the community. He stated that they take opposition these activities being called a public nuisance and in this community,these activities are not considered a public nuisance even when homes are abutted to the park/field on which they are played. He said the only field where it is not appreciated is the church's field. He said the activities are valued by the community, a part of the life of the community and they are also part of the life of the church community. He noted that other outdoor activities take place as well, such as baptisms and picnics that often occur in the evenings or weekends to accommodate people's schedules. He commented that the church has invested millions of dollars towards following the master plan that the Commission approved for them,they have not deviated from it,and that they have great concern when it is now called into question after it has been followed and repeatedly affirmed by the Commission. He said that it is only one person and one small group that does not like it. He said to their knowledge, that with any other park in the City, if someone moves in next to the park it is not then considered a public nuisance, it is part of the life of the community and that is what people value and what they want. He commented that the church felt they were adding to the community with these activities and that is what the Commission has affirmed. He stated that there is one thing the church is willing to offer the neighbor above and beyond their requirements, and that is to construct a sound attenuation wall on the west side of the property in addition to planting more large trees for landscaping. Terri Smith asked to rebut. She said she moved in next to a church not a high school or a park. She commented that the neighbors that spoke tonight are in the surrounding area, perhaps 500 or more yards away and therefore would not be as impacted by the noise as those on the north, south and west sides. She asked the Commission to realize that when people moved in the church was not developed until some of the homes were already there. She said she understands that the church received their permit prior to that but that the people get quite loud and that is something that they have to live with from 8:00 a.m. to 4:00 p.m. on Saturdays and from 5:00 p.m.to 7:00 p.m.most evenings. Planning Commission Minutes -13- June 13, 2007 Chairman Stewart closed the public hearing but asked if the Commission would allow Mr. Buller to return to speak again. The Commission concurred that they would allow him to speak. Mr. Buller asked to speak about the wall issue. He indicated the church is willing to build a 6 foot high,solid masonry sound wall from the existing grade behind the third base line that would go from the south property line, 150 feet past third base on into left field to connect with the existing 6 foot high masonry wall that runs along the property line. He commented that he was reluctant to support the church's offer for lack of warrants,or studies that indicate it is necessary. He asked that it not be made a condition because there is no warrant for a condition. He asked the Commission to simply indicate their support. He said this is strictly a gesture on the part of the church. Chairman Stewart asked if there is a time or plan as to when that would be built. Dr. Bums stated that it would be incorporated into the present phase of the building project scheduled for completion, approximately within the next 9-10 months. He added that prior to any homes being built, the master plan was approved and prior to any development the three existing property owners met with the church and they were informed of the master plan and the fields prior to their homes being built. He said the neighboring property owners knew of the fields before any homes were built. He said they did not rob anyone of their backyards;they knew of the master plan. Chairman Stewart commented that one of the speakers had a question regarding noise studies and she asked staff to comment. Kurt Keating noted that it was reported that only one inspection was conducted on Saturday and he clarified that four inspections were conducted on Saturday out of the nine that were conducted. He noted that sound readings respective to section B were taken from the church's side of the property on the south property line, and not on private property. He said with location A, it was taken,on the church's property line and with location C, the readings were taken on the private drainage/equestrian property easement behind the homes, on Tract 10414 adjacent to the church. Vice Chairman Fletcher asked what kind of fencing exists along the west side that the church is offering to replace. Mr. Keating stated he believes it is a 2 foot wall with wrought iron columns on top of the wall with green mesh between the columns. He said the overall height is approximately 6 feet. He said there is a slight grade difference between the church and the homes on Ridge View Court. Mr. Thomas noted that from the perspective of the Building and Safety Department noted that buildout for the city is being considered and that they are looking at the redevelopment of land uses mitigation measures and they are looking for a spirit of cooperation between their department, contractors, homeowners and residents. He said that it is important for the Commission and Council to understand that during construction,there will be inconveniences and issues raised. He said they want to be sure proper building practices are followed, mitigations are followed and that they are very responsive to the community and any other inquiry made during the process. He noted it is their model and a level of customer service they believe in. Mr. Troyer noted that the new wall would require a building permit and it would be up to the Commission if they wanted to implement this. He noted that Mr. Buller indicated he did not want a condition for this in the CUP, but that a permit would have to be pulled and plans submitted. Kevin Ennis,Assistant City attorney,commented that this report was brought to the Commission to determine if the information submitted to the Commission warranted an additional level of review. He said the additional level of review would be a public hearing per the Development Code. He said that review would decide, based upon the evidence presented, if there was a need to modify, Planning Commission Minutes -14- June 13, 2007 change, or revoke the Conditional Use Permit in order to address the issues and impacts asserted to the community. He said it is the job of the Commission to decide if they want to go to that level or not. He said another alternative would be to request staff to monitor the implementation of the wall and other activities and to come back to the Commission with another report within an appropriate time period so that they are kept abreast of the activities. He said a third option would be to conclude that they have heard all the information warranted and that the Commission does not desire to take it further at this time. He said in reference to the church's commitment to build the wall, the offer will be noted in the minutes and that plans can be submitted and building permits pulled toward that end. Commissioner Munoz stated that he has heard the evidence brought tonight. He stated he served as a Parks and Recreation Commissioner for 7 years and he believes he knows the noise levels produced as part of a ball game. He said he is familiar with the Church's program. He noted that the Commission makes its decision based upon findings. He commented that based upon everything he heard tonight there is not clear evidence that would warrant further investigation because the sound readings do not exceed the code requirements. He added that the report regarding the dust mitigation also does not warrant a higher level of review. He commented that the church has offered to build a wall and that the Commission appreciates that. He said the evidence does not compel him to take this to a higher level of review. Commissioner Macias stated that with a Conditional Use Permit of this magnitude, there will be plusses and minuses and there will be winners and losers. He said they need to consider the greater good of the community. He said he has visited the site, he has considered it, and he also does not believe it should be elevated to a higher level of review. He moved that no further action be taken. Vice Chairman Fletcher noted that some members of the audience indicated that this is a public review of the CUP and he made it clear that it is not. He said the charge to the Commission is for them to determine if a public review of the CUP is needed based upon the evidence being presented to them this evening. He said it is not a question of their values and those of the church; he said all agree there is value to the church and the sports ministry. He said it is clear the noise annoys some of the neighbors, there are some construction problems and that is a problem with the neighbors, but those problems will go away as construction is completed. He added that those issues will continue to be monitored. He said the activities are approved and have been approved for a long time and there is nothing that indicates they have violated their CUP. He commented that the gesture on the part of the church to build the wall and to add landscaping would help alleviate some of the complaints in the future. He said he agrees no further action needs to be taken. Chairman Stewart commented that there is a positive and a negative to everything they do. She said they are listening to the neighbors and to the church members and they have to weigh the benefits of the community, the church, and this organization and yet allow the neighbors to have time to enjoy their time in their homes. She said their decisions are based upon fact and that according to the staff report noise readings were taken and no violations were recorded and that only one sound spike of 30 seconds of 67 decibels was recorded during all those readings. She added that the church has offered to build a sound wall and she strongly encouraged the church to follow through with that. She said one of the items listed as a requested change from the complainant was the construction of such a wall. She noted that there were construction issues noted at the April 25th meeting. She said that the Commission made a very strong statement regarding those construction activities be addressed. She said she believes that has been done, that Code Enforcement has done their due diligence and that those issues no longer exist. She added that parking is being done on the fields as part of following their CUP and that they also have bus service to Chaffey as well as signs posted prohibiting parking in the neighborhoods. She added that she also observed parking attendants. She commented that all these items were noted on the list of requested changes but they are already being done. She noted that any changes in Design Planning Commission Minutes -15- June 13, 2007 Review would have to go before the Commission because their design and plans are already approved as of 2004 and has full approval. She said landscaping was mentioned at the meeting of April 25th and now the church has offered to add to the landscaping. She said the facts say there are not any noise violations. She reported that she has visited (not 10 or 12 times) but she has observed their activities, she's listened, she went into the neighborhoods and there is nothing that indicates they are violating their CUP. She added that now neighbors have come forward and stated they are perfectly happy with the church's activities and so based upon what was presented to the Commission, there is no fact to base further review. She noted the motion already on the floor from Commissioner Macias. She reiterated her encouragement to the church for the building of the wall and the planting of the trees. Vice Chairman asked if the wall and the trees is an option because that would be an amendment to the motion. Commissioner Macias stated that there is no nexus and therefore no requirement for the wall and the trees. He said Mr. Buller summed it up nicely in that no regulation was being violated, this is being done by choice by the church. He suggested they rely on the church being a good neighbor, because they have been in the past and that anything contrary to a "do-nothing" approach would violate the spirit and intent of the original Conditional Use Permit for which the Commission is responsible. Commissioner Munoz confirmed that he still supports the motion. Motion: Moved by Macias, seconded by Munoz, to receive the staff report and to require no further action be taken at this time. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: NONE -carried Chairman Stewart just encouraged the church to be mindful. PUBLIC COMMENTS None ADJOURNMENT Motion: Moved by Munoz, seconded by Fletcher, and carried 4-0, to adjourn. The Planning Commission adjourned at 9:40 p.m. Respectfully submitted,,�,�p� ames R. Troyer, AICP Secretary • Approved: July 25, 2007 Planning Commission Minutes -16- June 13, 2007