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HomeMy WebLinkAbout1997/06/11 - Minutes - PC-HPC CiTY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting June 11, 1997 Vice Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Ddve, Rancho Cucamonga, California. Vice Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker (arrived at 7:30 p.m. and was seated at 9:00 p.m.) William Bethel, Larry McNiel, Peter Tolstoy ABSENT: Rich Macias STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Ralph Hanson, Deputy City Attorney; Tom Grahn, Associate Planner; Dan James, Senior Civil Engineer; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS Brad Bullet, City Planner, indicated that staff had been contacted by some residents who expressed concerns regarding Item A and new information had been submitted which was before the Planning Commission. He suggested that the Commission pull the item from the Consent Calendar, allow public comments, and continue the matter until July 9, 1997, in order to allow staff and the Commission to review the materials submitted. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Bethel, carried 3-0-2 (Barker and Macias absent), to approve the minutes of the Adjourned meeting of April 9, 1997. Motion: Moved by Tolstoy, seconded by Bethel, carried 3-0-2 (Barker and Macias absent), to approve the minutes of May 14, 1997. The Minutes for May 28, 1997, were not acted upon because Commissioners Bethel and McNiel had not been present at that meeting. CONSENT CALENDAR A. DEVELOPMENT REVIEW 97-11 - LAUREN DEVELOPMENT - A review of the detailed site plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and nodh of Ringstem Drive - APN: 1074-351-10 and 1074-541-21. Vice Chairman McNiel pulled Item A from the Consent Calendar. Brad Buller, City Planner, stated the item was before the Planning Commission only to review the design of the homes. He reported that the tract map was approved in 1990 and the environmental clearance was also completed in 1990. He stated that letters had been presented from attorneys who disagree. Tom Grahn, Associate Planner, presented a staff report and indicated three letters had been received in opposition to the project. Vice Chairman McNie~ invited public comment. John Allday, Lauren Development, 11030 Arrow Route, Rancho Cucamonga, thanked staff for its guidance in understanding the Hillside Development Ordinance. He repoded they had met with many residents of Haven View Estates and have incorporated many of the comments. He stated the project is in compliance with the Hillside Development Ordinance and the grading plan is consistent with the approved tract map and the conceptual grading plan approved in 1990. He felt the development is consistent with the community and stated they had researched the building permits and design review applications of the existing and approved houses in the development. He presented a summary of existing home sizes and a graph showing that 60 percent of the existing homes are equal to or smaller than the proposed homes. He reported that 55 homes have been built on the 243 home sites. Mr. AIIday stated that in July 1996 his firm had begun consultations with the existing homeowners associations within the community. He said they met with the members of the boards of the associations eadier this year and the associations expressed concerns about access, development rights, and association management issues. He stated those issues had been resolved years ago in court approved settlement agreements which were recorded against all of the properties. He indicated they also had a neighborhood meeting. He said there have been some recent design changes as a result of comments from those meetings including adding surrounds around all windows and doors, decreasing the number of homes with front-on garages, changing the plotting to increase square footage, and agreeing to provide a second plan elevation for Plan 1. He indicated they have an optional design element on Plan 3 which the homeowners want to make standard even though that will defeat the diversity argument and said they will provide that element where setbacks permit it. He stated they had added four more color schemes which will provide 6 floor plans, 12 elevations, and 16 color and material schemes which would allow for up to 264 combinations of homes on their 44 lots. He showed a rendering of Plan 3. The following people spoke in opposition to the project: Malissa McKeith, Loeb & Loeb, LLP, 1000 Wilshire Boulevard, Suite 1800, Los Angeles Leeona Klippstein, Spirit of the Sage Council, P. O. Box 77027-102, Pasadena Bill Angel, 12966 Arapaho Road, Rancho Cucamonga Mahlan Sampson, P. O. Box 1327, Rancho Cucamonga Tim Resar, 5078 Granada, Rancho Cucamonga Bruce Ann Hahn, 5087 Granada Court, Rancho Cucamonga Doug Kreinheder, 4146 Clover Place, Rancho Cucamonga Mike Montgomery, 10213 19th Street, Rancho Cucamonga Ruben Salazar, 4981 Ginger Court, Rancho Cucamonga Robert Cantarero, 5122 Equine Place, Rancho Cucamonga Tom Bradford, 5066 Granada Court, Rancho Cucamonga George Hicks, 10430 Almond, Rancho Cucamonga A petition with over 100 names in opposition to the project was presented. Concerns were raised regarding destruction of possible California Gnatcatcher habitat, potential for wild fires, potential for earthquakes, possibility that removal of a levy could increase danger of flooding, increased City liability in the event of a flood, changed water absorption rates and drainage patterns caused by grading, lack of sufficient public notice, reduction in property values, lots being too small, large equipment traffic for removal of did, construction traffic, lack of diversity in architecture and variation in roof lines, lack of review by the existing homeowners association architectural review board, wear Planning Commission Minutes -2- June 11, 1997 and tear on streets, number of construction workers in the area and possible increase in crime because of the presence of such workers, and possible non-compliance with a Memorandum of .Understanding (MOU) regarding habitat conservation signed by the City. One resident complained that too many garages will be visible from the street even when they are pulled back and indicated the 33 percent maximum for front facing garages was really an intent to hide garages to give more of an estate feeling. Objections were raised that tract homes should not be allowed in a community that is comprised mostly of custom homes. It was acknowledged that another developer had built tract homes in the community, but those homes were over 5,200 square feet. It was felt the proposed homes will be too small and it was pointed out that houses will expand square footage by increasing interior space, not by expanding walls. It was stated that the average house size built since 1990 has been over 5,400 square feet. Pictures of all of the homes in the gated community were presented. A board member of one of the existing homeowners associations stated that Lauren should join one of the existing associations and pay full fees. One resident requested an opportunity to meet with Planning staff and the developer regarding the designs. One resident stated that Lauren had incorporated in 1988 and he felt that indicated a lack of experience by the developer. The financial stability of the developer was questioned and allegations were made that a pdor company owned by the developer had been sued. A request was made that the City determine if there were any problems or lawsuits in connection with prior projects developed by the applicant. One individual indicated a juice bar and private home is located at the business address of the developer. The residents requested further traffic, noise, and air pollution studies because of the funding and approval of the Route 30 freeway and additional biological studies regarding the California Gnatcatcher and coastal sage. It was contended that the Planning Commission's review of the design reopened the matter with respect to compliance with the California Environmental Quality Act (CEQA). One resident requested a full Environmental Impact Report. Mr. AIIday stated there is a business sign on the front door of their business and said he had been a private planner for over 21 years, a government planner for 6 years, and is a Planning Commissioner in another City. He stated there had been many untrue things said and asked that the Commissioners remember that the subject is the design review of the houses. He noted that several statements had been made that they had not contacted the homeowners or board members of the homeowners association. He asseded they had dealt with Euclid Management Company which handles the day-to-day operations of the homeowners associations and indicated they have wdtten correspondence from the management company. He stated that the project is in compliance with the Hillside Development Ordinance and all City codes. Jeffrey Borum, Gipson, Hoffman, & Pancione, 1901 Avenue of the Stars, Los Angeles, stated his firm represents Lauren Development and the company is owned by two people, Bill and Cathy Ford, who have been in the development field for 15 years. He said they are a small firm that does quality work. He noted that the City code does not require 7,500 square foot homes even though residents may want larger homes to increase their own property values. He said this was the first time they had heard there is serious opposition to the project. He stated there are court settlements which grant Lauren access easements over Ringstem, Tackstem, and Clover. He said those access rights were litigated by Cristiano, the former owner, in the late 1980s and the agreement was signed by representatives for both existing homeowners associations. He stated the developer has not been sued for fraud. He noted that Western Residential was a prior company in the 1980s which broke up because there was another partner involved, not because of a lawsuit. Mr. Borum stated that the court documents regarding access dghts also allow Lauren to form its own homeowners association and a final decision regarding that matter has not been made but Lauren is leaning toward doing so. Andrew Hartzel, Hewitt & McGuire, Irvine, 19900 MacAdhur Boulevard, Suite 1050, Irvine, said he is the natural resources counsel to Lauren. He stated Lauren is fully aware of the requirements and obligations under the Federal Endangered Species Act. He said they intend to comply fully with the Endangered Species Act, both federal and state, and do not intend to take any listed species Planning Commission Minutes -3- June 11, 1997 associated with this project development. He stated his client is fully aware that the act carries civil and criminal sanctions. He repoded Lauren Development requested that the Army Corps of · Engineers.visit thesite and the Corps confirmed they do not have jurisdiction on the site. He said they also had the Department of Fish and Game visit the site to be sure there are no riparian areas under its jurisdiction and it was determined that is not an issue. He reported that Lauren hired a team of Gnatcatcher biologists to survey the site and no birds were found on the site or in the immediate area bordering the site. He stated California Depadment of Fish and Game staff sent a letter in April indicating that the four surveys conducted were not sufficient. He said he called the service in April to ask what its concerns were and still had not heard back from them but he would continue to follow up. He commented that Lauren Development is under no obligations to do any further surveys for the Gnatcatcher. He stated the Fish and Wildlife Service has no authority to compel Lauren to do any surveys and said they would continue to dialogue with the service. He indicated he was very familiar with the MOU referred to by Ms. Klippstein and said this project would not violate the MOU. He stated the action before the Planning Commission is a design review issue and not defined as a project for the purposes of CEQA. He said the CEQA issues which had been raised were not relevant to the discretionary action of by the Planning Commission with respect to the design review. He commented that the issues raised by CURE and Spirit of the Sage would apply to all undeveloped lots in the community, not just this parcel. Motion: Moved by Tolstoy, seconded by Bethel, to continue Development Review 97-11 to July 9, 1997. Motion carried by the following vote: AYES: BETHEL, MCNIEL, TQLSTOY NQES: NONE ABSENT: BARKER, MACIAS - carried Mr. Bullet indicated that a copy of the tape for tonight's meeting would be provided to the two Commissioners who were not present so they would be brought up to date. He encouraged residents to visit the Planning Division and noted the applicant had also extended an invitation to meet with residents. He hoped the residents would take the time to understand the project before it returned to the Commission on July 9. He stated the City has met and exceeded the requirements of the state with respect to noticing and public review of the project. He asked the residents to talk to their neighbors regarding the next meeting. The Planning Commission recessed from 8:45 p.m. to 9:00 p.m., at which time Chairman Barker joined the Commission. PUBLIC HEARINGS B. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27 - TEXACO REFINING AND MARKETING, INC. - A request to develop a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park District of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related file: Parcel Map 14001. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14001 - LEWIS DEVELOPMENT CO. - A subdivision of 3.5 acres of land into 2 parcels in the Office Park Distdct of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related file: Conditional Use Permit 96-27. Planning Commission Minutes -4- June 11, 1997 Tom Grahn, Associate Planner, presented the staff repod. He indicated a number of letters had been received in opposition to the project including a form letter sent by 77 individuals. Chairman Barker opened the public hearing. Richard Tait, Tait & Associates, 1100 Town & Country road, #1200, Orange, stated he represented Texaco. He said there would be a vacant lot between the project and the residences. He concurred with the conditions in the resolution. He indicated they had met with the homeowners of the Willow Park Homeowners Association and four concerns had been raised; i.e. crime, noise, lighting, and ~and use. He commented that any time vacant land is developed for any use, it increases the potential for cdme. He noted that even the development of homes would increase the potential for burglaries or domestic violence. He stated that crime mitigation measures were incorporated into the design and he produced a listing of 12 crime mitigation measures they had introduced into the project, including lighting levels at City standards, window visibility, drop safe, programming of exterior phones for outgoing calls only, lack of exterior access to bathrooms, no coin operated games, and use of closed circuit television cameras and monitors. He suggested an annual review of the conditional use permit. He stated they intend to be open 24 hours per day and to sell beer and wine and reported that some homeowners feel that will lead to an increase in drunk driving. He felt that is not the case and noted that the Ralphs store across the street also sells, beer, wine, and liquor. He suggested adding 25 conditions including no beer and wine displays from an ice tub, no sale through a drive-in window, no advedising for beer and wine on the fuel islands, and no self-illuminating adver[ising for beer and wines. He noted that the residents had expressed a concern about noise and pointed out that the town homes are 200 feet away from the service station use and would be buffered by a vacant lot, stdps of landscaping, and an existing 6-foot wall. He said a noise study was conducted and those mitigation measures were thought to be sufficient to reduce the noise to the residences to an acceptable level. He stated there would be no transpor[ fuel deliveries between 10:00 p.m. and 7:00 a.m. and the drive-thru speakers will face out toward Base Line Road. He said they would be under the maximum dBa allowed by the City. He repoded they will shield the lights to avoid spillage onto the adjacent parcel. He said he would refer the use concern to Greg Hoxwodh from Lewis Development Co. Commissioner Tolstoy asked what the applicant's reaction would be to limiting the hours of operation to preclude late night hours. Mr. Tait felt a 24-hour operation would be a benefit because the area would be secured He said he would have to defer the question to Texaco. Chairman Barker asked if it will be possible to see in the windows or if they will be littered with advertising signs. Mr. Tait said they were proposing to limit window displays, racks, and advedisements to a maximum 15 percent of window coverage. Brad Buller, City Planner, observed that the City codes allow a maximum of 15 percent coverage. Chairman Barker asked about the lights. Mr. Tait responded that the lights have standard shields which may be extended. Chairman Barker pointed out that light does not have to be line-of-sight to cause an impact. Mr. Tait said there would be no direct glare onto residential properties. Greg Hoxworth, Lewis Homes Retail, 156 Nodh Mountain Avenue, Upland, stated they conceived the project because of numerous requests for more service stations and convenience markets. He said they have an interest in maintaining high standards in the area. He gave a brief history of the Planning Commission Minutes -5- June 11, 1997 project and said the uses were proposed within the Terra Vista Community Plan. He noted the site has always been designated as Office Park which has possible uses including professional offices, retail and service businesses, ancillary recreation activities, banks, restaurants, automobile service stations, etc. He stated the proposed project is within the overall plan for the site. He said they had worked hard with the Design Review Committee to be sure the building is compatible with the community. He indicated there will be a row of trees along the properly border adjacent to the residences. He felt that the trees should grow together to form a visual barrier within a year. He said the drive aisle will be hidden from sight by a berm and there should eventually be up to three buildings on the remainder parcel. He said they agreed to increase the setback from 10 to 20 feet and they agreed to a diagonal line on the southwest corner. He stated they foresee service retail and/or a restaurant on the remainder parcel. He requested approval of the application and said the building and site plan are in keeping with the master plan. He felt it is a quality building and Texaco is a quality operator. He noted that letters from the residents suggest that development will negatively affect properly values but said that Lewis does not agree. He said that office buildings could be built on the remainder parcel and they may be two-story. He felt a retail use, school, or health club would be a more intense use. He noted that a service station was approved at the corner of Base Line Road and Rochester Avenue and there is no land buffer in that location. He reported they had requested that the Police Depadment provide statistics with regard to service stations in the City and preliminary reports indicate no unusual police activity. He noted that the letters from the residents stated that the Mobil station on Milliken has experienced numerous problems and stated the Police statistics do not confirm that allegation. He also noted that three of the letters indicated that homeowners had not been informed about potential uses for the property. He presented a copy of the Addendum to Offer to Purchase and Deposit Receipt signed by buyers indicating that adjacent property may be built with uses other than residences, that uses may change, that adjacent development may affect views and light, and that the buyer would not oppose approval of projects on adjacent property. He noted that Milliken Avenue has been widened since the town homes were built and felt that is part of what makes the location a good site. Chairman Barker hoped that if the project were approved, that monument signs would be of better quality than those recently installed at the northeast corner of Carnelian Avenue and 19th Street. Mr. Hoxworth said the monument sign had not been approved for this project but any monument sign would be compatible with the building. The following people spoke in opposition to the project: Larry Tyler, 11226 Terra Vista, #61, Rancho Cucamonga Randy Strand, 7374 Belpine, #4, Rancho Cucamonga May Harris, 11220 terra Vista Parkway, #A3, Rancho Cucamonga Hilda Phillips, 11248 Terra Vista, #5, Rancho Cucamonga Henry Foreman, 7337 Belpine, #23, Rancho Cucamonga Sandra Adams, 7331 Belpine, #30, Rancho Cucamonga They presented a petition opposing the project which was signed by 91 homeowners and tenants of Willow Park. They expressed concerns about an increase in traffic; increased noise from car doors slamming, tires squealing, and music from car radios; food odors; and pollution. Fears were expressed that the Del Taco will attract younger people leading to late-night loitering. One resident complained that they already get litter from Carl's Jr. which is located on the other side of a street with a median island. A comment was made that there is an over concentration of service stations in the area (three between Milliken Avenue and Carnelian Street). It was stated that residents of Willow Park would have difficulty using the facility because of traffic circulation. It was feared that the fence could be easily scaled. It was pointed out that the area will eventually have freeway access and one resident said that Albertson's has to keep its west door locked in evenings because of problems. One resident stated that the land slopes upward and she can see the street when standing at her first floor window. She said the supposed 6-foot high wall is only a little over 5 feet from her back yard. It was pointed out that adjacent town home bedrooms are on the second floor Planning Commission Minutes -6- June 11, 1997 so a 6-foot wall would not provide any buffer. Residents complained that they will not be able to have their bedroom windows open in the summer because of the noise and there were complaints that the traffic on Milliken is already a disturbance. It was stated that construction of the Texaco will cause irreparable harm to Willow Park homeowners, properly values which have already decreased drastically in the last few years will plummet, an all-night service station and convenience store will deter future home buyers, and some owners may allow their units to go into foreclosure. It was stated that the homeowners may file a lawsuit against Lewis Homes because Lewis had always maintained the site would be developed with an office building. A comment was made that residential areas should be residential, not a mixture of uses. It was felt that 28 parking spaces and a 4,000 square foot canopy meant that Texaco was expecting a lot of business. One resident asked how many service stations Texaco operates in residential areas. Bill Kummen, 5824 Edmund, La Crescenta, stated he is the retailer and manager for Texaco. He stated they have an office located at 9485 Haven Avenue in Rancho Cucamonga and he offered to meet with any resident to try to address their concerns. He stated that Del Taco requires a 24-hour operation. He felt they wiII provide a service to the community. He stated the combination project is not a typical fast food operation and provides a safe and clean environment. He felt it is imporiant for people to be able to see into the facility. He indicated that they hire full time maintenance employees to clean not only their facility, but also adjacent areas. Mr. Tait confirmed that residents will be able to see into the site but said there will be two corridors of landscaping between the site and the town houses. He stated the landscaping is a short term solution and felt that when other buildings are developed on the site, it would provide a buffer between the service station and the town houses. He reported the noise study indicated they will be below the allowable noise levels. He said there are many Texaco stations in residential areas and thought there was one just down the street that is directly adjacent to residences. He noted they will be buffered by another parcel. He said they were not saying there will be crime on the site, they merely want to decrease the potential for crime. Commissioner McNiel asked the distance from the Texaco to the residences. Mr. Tait indicated it is 140 feet to the properly line to the south and 120 feet to the west. He stated it is approximately 200 feet from the activity to the residential wall. He indicated that the wall varies from less than 6 feet to almost 7 feet. Dan Coleman, Principal Planner, noted that the noise study was based on a minimum 6-foot wall. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Bethel noted that many of the concerns voiced this evening were discussed at the Design Review Committee meeting. He said they discussed other buildings. He stated they felt the 200-foot separation from the use to the wall by the residences would tend to discourage foot traffic. He commented that noise from the street is something that everyone deals with and said he did not feel the Texaco would either hurt or help the situation. He felt everything possible was being done to soften the look and the impact of the station. He shared Chairman Barker's concerns regarding the quality of the monument signs and suggested that monument signs be reviewed by the Design Review Committee. He also shared the residents' concerns regarding lights. He stated an office building would most likely be a daytime operation and would further shield the residences. He thought the project is workable and would provide a useful service to the residents of the area. Commissioner Tolstoy stated there are 120 households around the perimeter of the project. He noted the 6-foot wall is not 6 feet high in all directions. He expressed concerns about the buffering between the residential neighborhood and the business. He felt a 24~hour business is not good in a residential neighborhood and thought the area is substantially residential even though there is a large shopping center across the street. He did not feel trees buffer noise. He thought the lighting could be dealt with satisfactorily and street traffic may create more noise than the project. He felt Planning Commission Minutes -7- June 11, 1997 the hours should be limited because after 10:00 p.m. it would cause a nuisance. He thought service stations are important in the community and felt it is a good location for one but said he could not suppod the project without a restriction of the hours. He also thought the service station should not be built without the rest of the site being developed because he felt other buildings would provide a buffer to the residences. Commissioner McNiel agreed with Commissioner Tolstoy that landscaping may provide a visual block but does not block sound. He thought the community needs service stations but he was troubled by the noise study because he feared it will be a long time before anything else is developed on the balance of the property. Mr. Buller stated the noise study assumed that a 6-foot wall would be in place. He suggested that the Commission could condition that the wall be a minimum 6-feet high. He said that from a technical standpoint, the operation may not exceed the noise standards of the City, but it may still be an issue for the residents. He suggested that the Commission may wish to limit the hours until the second phase is built. He agreed that landscaping does not mitigate noise and said the intent of the landscaping is to provide a solid evergreen hedge to buffer the visual aspects of the project. Commissioner McNiel stated he would want a small forest to mitigate the lights. He said he would be more comfortable with the project if the hours were limited. Chairman Barker thought the lighting could be handled by technical means. He felt that many applicants would object to some of the conditions which were suggested by the applicant. He agreed that when the other buildings are developed, they should help mitigate the impacts and he felt the comer would then be appropriate for a service station. Without the development of the other buildings, he had major concerns regarding the impact. Mr. Butler observed that the issuance of a permit is subject to periodic review. He suggested the Commission could limit the hours and, after the project is built, the hours could be further restricted or expanded. He stated the neighbors could request a headng and commented that the permit could be revoked if there is a negative impact on the neighborhood. Chairman Barker stated it is difficult to revoke a permit. Commissioner Tolstoy commented that he has patronized the fast food restaurant located on the southeast corner of Archibald Avenue and Arrow Route and noticed young people loitering in the parking lot late at night. He did not think a fast food restaurant should be open all night because of the nuisance value. He thought the City needs fast food restaurants and service station, but not under the conditions proposed. Commissioner McNiel stated he could support the project with limited hours until the rest of the property is developed. He felt that would apply pressure to develop the balance of the site because he feared that otherwise it may be vacant for a long time. He said he was not as concerned as Commissioner Tolstoy with regards to the fast food restaurant being open all night because he did not feel there will be as much of an appeal as a free-standing fast food restaurant. Commissioner Bethel said he would agree with limiting the hours until the rest of the project is developed. He felt the developer was trying to do everything he possibly could. Mr. Buller summarized the Commission's concerns that project would not be supported without changes including incorporation of the applicant's additional conditions, minimum 6-foot high perimeter wall, and limiting the hours until the remainder of the project is built, at which time the applicant could request an expansion of hours. Commissioner Bethel asked about the concerns on lighting and monument signs. Planning Commission Minutes -8- June 11, 1997 Mr. Buller replied that lighting and monument signs are typically reviewed by staff. He said he heard the sign quality should be the same as the entry monument sign. It was the consensus of the Commission that the hours should be limited to 6:00 a.m. to 10:00 p.m. seven days a week. Motion: Moved by Bethel, seconded by McNiel, to issue a negative declaration and adopt the resolution approving Conditional Use Permit 96-27 with modifications summarized by Mr. Buller. Motion carried by the following vote: AYES: BARKER, BETHEL, MCNIEL NOES: TOLSTOY ABSENT: MACIAS - carried Motion: Moved by McNiel, seconded by Bethel, to issue a negative declaration and adopt the resolution approving Tentative Parcel Map 14001. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried Chairman Barker indicated that the decision could be appealed to the City Council. PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUS[NESS D. FOOTHILL BOULEVARD ACTIVITY CENTERS Because of the late hour, Mr. Bullet suggested that the matter be agendized for a future meeting when it appears there may be more time for discussion. It was the agreed that the matter would be placed on a future agenda. E. FOOTHILL BOULEVARD/ECONOMIC DEVELOPMENT TASK FORCE UPDATE Brad Bullet1 City Planner, reported that the Task Force had taken a field trip and its next meeting had not yet been scheduled. F. DESIGN REVIEW COMMITTEE APPOINTMENTS AND SCHEDULE Mr. Bullet explained that the item had been placed on the agenda because Commissioner Macias had indicated he could not serve on Tuesday evenings; however, Commissioner Macias had been able to resolve his scheduling conflicts. Chairman Barker said he was pleased with the assignments as they now stand. Planning Commission Minutes -9- June 11, 1997 Chairman Barker observed that the Sign Ordinance had been modified to allow a monument sign at each entrance, rather than each streetfront. He said that the signs at the center on the northeast comer of Carnelian Street and 19th Avenue have been replaced with plain boxes with plain plastic panels sitting on a patch of cement, Commissioner McNiel stated he had heard complaints during eadier testimony that people are buying homes with the thought that office/professional buildings will be built on the adjoining properly. He observed that Office/Professional allows a lot of other uses and said that developers typically lead prospective buyers into believing that only the most benign uses will be developed. Mr. Bullet suggested home buyer disclosures could be added to a future agenda as a discussion item. He thought that typically Lewis does a better job of informing potential buyers than many other developers. Commissioner McNiel suggested they be asked to show a worst-case scenario. ADJOURNMENT Motion: Moved by McNiel, seconded by Tolstoy1 carried 4-0-1 (Macias absent), to adjourn. t0:54 p.m. - The Planning Commission adjourned to a meeting immediately following in the De Anza Room regarding conditional use permit 97-13. The workshop adjourned at 11:55 p.m. and those minutes appear separately. Respectfully submitted, Secretary Planning Commission Minutes -10- June 11, 1997