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12-07-2010 - Appeal HearingConditional Use Permit No. 10-10Appl - Item No 14 Attach 16 (2).docMINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, August 24, 2010 The regular meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Sotelo in the West Covina Council Chambers. Commissioner Stewart led the Pledge of Allegiance and the Commission observed a moment of silence. ROLL CALL Present: Sotelo, Carrico, Redholtz, Stewart, Holtz Absent: None City Staff Present: Anderson, Wong, Garcia, Yauchzee, Kim and Morales APPROVAL OF MINUTES: Regular meeting, July 13, 2010 Regular meeting, July 24, 2010 The minutes of July 13, 2010 were approved as presented. Commissioner Holtz requested that the minutes of July 24, 2010 be amended to reflect his comments regarding not allowing auto body painting in residential areas. The minutes of July 27, 2010 were approved as amended. A. OTHER MATTERS OR ORAL COMMUNICATIONS Fred Sykes spoke regarding automobile repair and storage of inoperable vehicles in R-1, Single Family Residential Zones. During his remarks, he urged the Commission to reconsider storage of an inoperable vehicle in residential zones to allow storage for a longer period of time. B. CONSENT CALENDAR FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Acting Planning Director Jeff Anderson presented the staff report. He informed the Commission that the September 14, 2010 regular meeting, will he held as scheduled. Motion by Carrico, seconded by Redholtz, to approve the items listed. Motion carried 5-0. C. PUBLIC HEARING (1) GENERAL PLAN AMENDMENT NO. 10-01 ZONE CHANGE NO. 10-01 PRECISE PLAN NO. 10-02 CONDITIONAL USE PERMIT NO. 10-02 VARIANCE NO. 10-02 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast corner of Azusa Avenue and Giambi Way REQUEST: The project consists of a request for a General Plan amendment to change the designation from “Open Space” to “Service and Neighborhood Commercial” and a zone change to change the designation from “Open Space” (O-S) to “Service Commercial” (S-C). A precise plan is proposed to construct a gasoline service station facility with accessory uses. A conditional use permit is proposed for the operation of a service station, car wash, drive-through, convenience store and fast food use. In addition, a variance has been requested to deviate from code requirements, including off-site signage. Chairman Sotelo opened the public hearing. Planning Associate Ron Garcia presented the staff report. During his presentation, Mr. Garcia told the Commission that when public notification of this matter was mailed, it included the request for a sign variance. However, the applicants were continuing to work out details for the sign with staff and were requesting that Variance No. 10-02 be continued to a date uncertain. Mr. Garcia also commented on the surrounding uses of this property, reviewed the application requests, and spoke about the proposed service station. He told the Commission that it would consist of a two-story building which would house a convenience store, fast-food restaurant and a take-out restaurant with a drive-through window. In addition, there would be a service station and a carwash located on the site. He also reviewed the proposed design features of the proposed two-story building, store frontage, lighting, and landscaping. Mr. Garcia also commented on the traffic analysis conducted by Kimley Horn and Associates and informed the Commission that the proposed building would be in compliance with parking requirements for the uses. He added that there was an amendment to Condition X of the Conditional Use Permit resolution, saying that the carwash is approved as a self-service carwash and hand-drying shall occur within the drive aisle and not in the parking spaces or back-up space. He also proposed the addition of a condition to the Precise Plan resolution requiring that the project comply with the South Coast Air Quality Management District Rule 461 for gasoline transfer and dispensing. Commissioner Holtz asked about the uses that are proposed for the drive-through, convenience store and take-out restaurant. Commissioner Stewart asked for a clarification of the number of proposed parking spaces. PROPONENT: Larry S. Turner, Project Manager, stated that he and the applicant had been working with Community Development Commission staff for approximately a year and a half to make sure that the project would be consistent with all standards of the City. He also explained that the acceleration/deceleration lane would help with on-site and off-site circulation. Mr. Turner also commended staff for their helpfulness and professionalism during the planning process. Commissioner Stewart asked Mr. Turner about employee parking. Mr. Turner told the Commission that a bike rack is installed on the premises, and public transportation is readily available and could be used by their employees to get to work. OPPONENTS: Joanne Wilner expressed her opinion that landscaping should be drought resistant, reminded the applicants that the topography of Azusa Avenue was steep and not bicycle-friendly, and asked if this will be an automated carwash, or a do-it-yourself carwash. In addition she stated her concern that the six pump stations/islands could cause heavy traffic. Mrs. Wilner further expressed concern for the safety of drivers who would have to turn left onto Azusa Avenue. In addition, she asked if the sale of alcoholic beverages would be allowed in conjuction with the convenience store, if there will be an elevator to the second floor, what the buildable area of the property is, and what will be located on the second level of the building. Royall Brown said that he was opposed to this project because a circulation plan for other types of uses wasn’t included in the staff report. He also suggested that the public be allowed an additional thirty days to submit their environmental questions, since enforcement of the five-minutes speaker rule doesn’t allow sufficient time for comment by the public. Mr. Brown also said that there should be additional conditions requiring safety measures due to the presence of methane gas on the site and encouraged the Commission to deny the application until the conditions to abate the threat of methane gas emmission are included in the staff report. REBUTTAL: Mr. Turner stated that the bike rack will be used by primarily by employees, but customers would be able to use it as well. He also said that a drought-resistant landscape plan will be required as part of the conditions of approval, per State law. Mr. Turner also explained that the carwash is an automated self-serve carwash, meaning that the vehicles will be placed on a conveyor for cleaning the exterior of the vehicle only. Also regarding the pump islands, he said that there are six islands that can accommodate 12 vehicles total. Mr. Turner added that, since there is a median on Azusa Avenue, left turns would not be allowed into the site. In addition, Mr. Turner said that there would be no beer and wine available for sale at this location in accordance with current Municipal Code. He said that the buildable space on the site was approximately 50% of the lot but this station was below that percentage. The office space on the second floor will not be rented out, but will be used by the business as their private office space. Mr. Turner also said that the traffic circulation report had been discussed and submitted to the city, as well as included in the environment impact report. Further, Mr. Turner said that there is a membrane and methane-monitoring device included as required by the Fire Department Code. Commissioner Redholtz asked if the driver of the vehicle being washed would stay in the vehicle as it goes throught the carwash. Mr. Turner stated that that is correct. Staff also commented that the methane gas had been addressed in the environmental impact report and included required mitigation measures. Chairman Sotelo closed the public hearing. There was a discussion by the Commission regarding this application. Commissioners Carrico and Stewart expressed their support of the project. However, Commissioner Stewart expressed his continued concern about adequate parking. In addition, he said he was concerned that noise from the carwash might disturb residents. Commissioner Redholtz said he appreciated the development of this site due to the past history of the site. Commissioner Holtz said that he likes the architecture and thinks it will be an asset to the surrounding community. He also asked about the signage. Staff said that the applicant and the City were still having conversations about the sign plan for the site and added that the sign plan will be presented to the Commission at a later date. Chairman Sotelo concurred with the remainder of the Commission that this project will be an asset to the community. Motion by Stewart, seconded by Carrico, to adopt Resolution No. 10-5373, recommending to the City Council, certification of the mitigated Negative Declaration of Environmental Impact for General Plan Amendment No. 10-01, Zone Change No. 10-01, Precise Plan No. 10-02 and Conditional Use Permit No. 10-02. adopt Resolution No. 10-5374 approving General Plan No. 10-01. adopt Resolution No. 10-5375, approving Zone Change No. 10-01. adopt Resolution No. 10-5376, approving Precise Plan No. 10-02. adopt Resolution No. 10-5377, approving Conditional Use Permit No. 10-02. continue Variance No. 10-02. Motion carried 5-0. (2) PRECISE PLAN NO. 10-04 VARIANCE NO. 10-05 TREE REMOVAL PERMIT NO. 10-05 CATEGORICAL EXEMPTION APPLICANT: Andrew McIntyre LOCATION: 220 South Citrus Street, McIntyre Square REQUEST: The applicant is requesting a precise plan to allow for a 9,439-square foot commercial addition to an existing retail center including improvements to the parking area. The applicant is also requesting a variance from certain development standards, including, sign height and sign size. Additionally, the applicant is requesting a tree removal permit for the removal of a tree. Chairman Sotelo opened the public hearing. Planning Associate Ron Garcia presented the staff report. During his presentation, Mr. Garcia told the Commission that the applicant was proposing to add two separate multi-tenant retail buildings to an existing shopping center to increase the size to 9,661 square feet of floor area. In addition, they were also requesting to demolish an existing building and remodel an existing 4,787 square foot retail building on the same site. Mr. Garcia also said the applicants were requesting a variance for sign height and sign size as well as a tree removal permit. Mr. Garcia also spoke regarding some of the modifications that had been approved at staff level. Also during his presentation, Mr. Garcia explained various features of the proposed buildings and spoke regarding circulation and ingress and egress to the site. Mr. Garcia told the Commission the access between the parking lot and the adjacent service station would be closed off by landscape planters and parking spaces. He also spoke regarding the location of the trash enclosures, loading spaces, 22,690 square feet of landscaping on-site, the 36-inch high wall that is required to act as a buffer in parking lots that are adjacent to streets, proposed land contouring with the landscaping, the parking requirement and the surplus of 101 parking spaces. Mr. Garcia explained to the Commission that the applicant was requesting a variance to construct two free-standing signs at the shopping center in excess of the maximum allowable height and sign area permitted by the Zoning Code. He further explained that the Zoning Code allowed 35-feet in height and 150 square feet in area for free-standing signs. The applicant is requesting a variance for two signs, one on Garvey Avenue South and the other on Citrus. The code allows one pylon sign, and one monument sign 8 feet in height and 50 square feet in area. Staff expressed their support of the proposed shopping center and recommended approval. Commissioner Carrico asked if there had been an issue between the owners of the service station and the shopping center, since they were proposing to close off the access. PROPONENT: Andy McIntyre, applicant, spoke to the Commission regarding the plans to make this center a quality shopping center. He expressed his opinion that this center had the potential to become a small “downtown” area for West Covina. He also spoke regarding some of the proposed features, including WI-FI throughout the center, benches, music and restaurants. In addition, he told the Commission that it was their desire to make the landscaping completely drought-tolerant, including drip irrigation, decomposed granite and different types and colors of gravels. Also in the center of the “square” they are proposing to put a 60-foot cedar tree that could possibly be used as the City of West Covina Christmas tree in the future. He also spoke about their proposed public art project, and the “living wall.” Mr. McIntyre also said that they are intending to use mature trees and landscaping. He also spoke regarding the proposed closure of the access between the service station and shopping center and told the Commission there are no easements between the two properties, and feels they need the area on the south for their sign. He said that closing the access would not restrict the use of the other property. Commissioner Stewart asked if this sign would be similar to the signs at the Grove. Mr. McIntyre said that they were similar and would be manufactured by the same sign company. There was a short discussion regarding signage and other landscaping features currently on the site. Commissioner Redholtz said there was potential for forty tenants on-site. Mr. McIntyre said that they were currently marketing the center internationally. He also said that they hoped to complete the center around April 2011. Commissioner Carrico asked if there were any discussions with tenants regarding closing the two access points and having just one. Mr. McIntyre said that they had spoken to the current tenants. Commissioner Carrico also asked if there was any possiblity that Trader Joes would return to the center. Drew Sloan, representing Eagle Signs, spoke regarding the features of the proposed signs. He also said that the placement of the signs was considered carefully to benefit the tenants of the center. He said the signs were an opportunity to enhance the community since they would be custom signs designed specifically for this project. He also stated that the signs would be designed and built using green technology. Mr. Sloan also said both signs will be crucial for the visibility of the tenants in the center. OPPONENT: Joanne Wilner spoke to the Commission regarding her opposition to the variance for signage because the sign seems too big and inappropriate for such a small acreage center. Also she expressed her opposition to closing the access between the center and service station since it could be dangerous for people wanting to access the center from the service station. Chairman Sotelo closed the public hearing. Commissioner Holtz thanked the McIntyre family for the improvements to the center. He also stated his opinion that the center will be a “crown jewel” and the center will benefit the entire community. He also expressed his concern with a large sign on Citrus Avenue, since it’s near a residential area. He suggested that the sign on Garvey be moved further west to allow greater visibility. Commissioner Redholtz, expressed his agreement with Commissioner Holtz and said that he believes this will become a gathering place. In addition, he expressed his support of the signs, since they are well-done and fit into the center. Commissioner Stewart asked staff about the improvements proposed for the service station. Staff told the Commission that a precise plan to improve the service station submitted. Commissioner Stewart stated his support for the project. Commissioner Carrico said he concurs with the other Commissioners and added that this improvement is long overdue. However, his only real concern is the access from the gas station into the center. He would like to see the access from the station to the center from the north side. In addition, he expressed his support of the signs because the signs will help bring people to the center, and they are harmonious with the design of the center. Chairman Sotelo expressed his agreement with the comments of the other commissioners and said he welcomed this well-planned project into the city. In addition, he expressed his support of the request for the sign variance, especially since the applicants were doing so much to improve the center. There was a short discussion by the Commission regarding the access to the center. Commissioner Carrico expressed his preference to use something that is easily removed so that, as conditions change, access can be restored if it’s in the best interest of the city. Motion by Redholtz, seconded by Stewart, to adopt Resolution No. 10-5378, approving Precise Plan No. 10-04 and Tree Removal Permit No. 10-05. Motion carried 5-0. adopt Resolution No. 10-5379, approving Variance No. 10-05. Motion carried 4-1 (Holtz opposed.) Motion carried 4-1 (Holtz opposed.) Chairman Sotelo stated that these actions are final unless appealed to the City Council within ten days. (3) PRECISE PLAN NO. 09-01 CONDITIONAL USE PERMIT NO. 09-03 CATEGORICAL EXEMPTION APPLICANT: Erika Skeie, Fiedler Group LOCATION: 1333 West Merced Avenue, Arco Service Station REQUEST: The project consists of a request for a precise plan to remodel an existing 1,706-square foot gas station to include a mini-mart and a conditional use permit for the operation of a service station. Chairman Sotelo opened the public hearing. Senior Planner Fabiola Wong presented the staff report. During her presentation, Ms. Wong spoke regarding the surrounding uses, the current zoning, and structures that are presently located on the site. In addition, Ms. Wong spoke regarding the applicants request to operate a service station and 24-hour convenience store, as well as remodel the existing service station to accommodate the new uses. She told the Commission that no new construction would take place. Instead the existing structures would be remodeled. She also spoke regarding the various aspects of the updating, including colors to be used, new stucco, installation of new mechanical equipment, landscaping requirements, parking requirements, parking lot repairs required, closure of a driveway on Merced Avenue to improve traffic circulation, and proposed use of the first floor. She recommended approval of the project, subject to the conditions included in the resolutions. Commissioner Holtz asked if restroom facilities will be included as part of the plan. Staff said that restrooms will be included as part of the convenience store. PROPONENT: Erika Skeie, representing the applicant, said that the service station is currently an auto service station and the new owner is requesting to make tenant improvements on the existing site. She also addressed the Commission regarding the proposed improvements. In addition, she informed the Commission that the convenience store would become an AM/PM Mini Mart. Ms. Skeie also spoke regarding the closure of the driveway on Sunset Avenue. She expressed the applicant’s agreement with the conditions of approval. Commissioner Stewart asked questions of the applicant regarding the proposed improvements, including the canopies and planter boxes. Commissioner Holtz asked about the screening of the pipes and mechanical equipments. Staff commented that the conditions of approval required that all walls be stuccoed to match the building. OPPONENT: Joanne Wilner said that the proposed improvements would help enhance the appearance of the station. However, she expressed her concern that there is no condition prohibiting the sale of alcoholic beverages in conjunction with the convenience store. She also expressed her concern that there are a large number of convenience stores in the area and that the proposed second story be made ADA accessible. Bernie Wilner spoke and expressed his opinion that there is more need for service bays, since there are a sufficient number of convenience stores in the area. He urged the Commission to consider this need in the community. Mr. Shokar, owner of the service station, spoke regarding his use of the service bays and said that it’s been difficult to operate a vehicle repair business in the service station, since they are no longer profitable. REBUTTAL: Ms. Skeie said that a request to sell alcoholic beverages in conjunction with the convenience store is not part of this application. Also, she said that the second floor would be for private use by the owner and not accessible to the public. Chairman Sotelo closed the public hearing. Commissioner Stewart said that this site needs to be updated and what is proposed will be an improvement. He requested that staff ask Community Enhancement to check on the adjacent lot for possible enforcement of maintenance requirements. He expressed his support of this project. Commissioner Carrico said that he was supportive of this project and felt this would be an asset to the community. Regarding the concern that there will no longer be auto repair services available, he said that the Commission could not force someone to continue to operate a business that is unprofitable. Commissioner Redholtz said that he supported the request because the proposed improvement will be an asset to the community. Commissioner Holtz also stated that he would support the project. Chairman Sotelo also said he would support the project and was looking forward to the improvement of the neighborhood. Motion by Redholtz, seconded by Commissioner Carrico, to adopt Resolution No. 10-5380 approving Precise Plan No. 09-01. Motion carried 5-0. adopt Resolution No. 10-5381 approving Conditional Use Permit No. 09-03. Motion carried 5-0. Chairman Sotelo stated that these actions are final unless appealed to the City Council within ten days. (4) PRECISE PLAN NO. 10-01 CONDITIONAL USE PERMIT NO. 10-01 CATEGORICAL EXEMPTION APPLICANT: John Rabadi LOCATION: 709 North Sunset Avenue REQUEST: The project consists of a request for a precise plan to remodel the service station and create a convenience store. The applicant is also requesting a conditional use permit for the operation of a service station and convenience store. Chairman Sotelo opened the public hearing. Associate Planner Ron Garcia presented the staff report. During his presentation Mr. Garcia addressed the Commission regarding a prior approval in 2006 for the conversion of the service station service bays into a convenience store. He said that the service station never reopened and ceased operation in 2008, which is when the conditional use permit and precise plan became null and void. Subsequently, a new owner acquired the property and the new owner is requesting the same type of use. Mr. Garcia also said that staff is recommending vines be required to cover the wall to the rear of the property to deter graffiti. He also spoke about the required trash enclosure, location of the existing driveways, parking requirements for the convenience store, colors to be used on the building and canopies, and he also told the Commission that changes to the building would be difficult since the existing building is a metal structure, possibly placing a financial burden on the owner. Mr. Garcia added that the improvements would help to enchance the site and, therefore, staff recommended approval. Commissioner Holtz asked a question about the height of the block wall on the west side. PROPONENTS: John Rabadi, applicant, spoke to the Commission regarding the proposed improvements to the property, including screening of the air conditioning equipment on the roof. He also answered questions from the Commission regarding proposed signage. Commissioner Redholtz expressed his concern with the parking lot to the rear requiring customers to walk to the frontof the store. In addition, Commissioner Redholtz asked if there is sufficient lighting on the site. Mr. Rabadi said that the lighting would be changed on the canopies and building. He also said that this station will be a neighborhood gas station, and would not be open 24-hours a day. OPPONENTS: No one spoke in opposition to this request. Chairman Sotelo closed the public hearing. Commissioner Holtz said that he is supportive of the project and felt this would be an improvement for the neighborhood. Commissioner Redholtz agreed with Commissioner Holtz and said he would support the project. Commissioner Stewart agreed that he would support the project. Commissioner Carrico said this corner had been blighted for a long time and thanked the applicant for making improvements to the site. Chairman Sotelo concurred with comments by the other Commissioners. Motion by Redholtz, seconded by Commissioner Stewart, to adopt Resolution No. 10-5382 approving Precise Plan No. 10-01. adopt Resolution No. 10-5383 approving Conditional Use Permit No. 10-01. Motion carried 5-0. Chairman Sotelo stated that these actions are final unless appealed to the City Council within ten days. (5) CONDITIONAL USE PERMIT NO. 10-10 CATEGORICAL EXEMPTION APPLICANT: Mike Blackwell for Clearwire LOCATION: 1030 East Merced Avenue, Bethel Christian Fellowship Church REQUEST: The applicant is requesting the approval of a conditional use permit to allow the installation of a 60-foot high wireless communications tower that is designed in the shape of a cross (monocross). Three panel antennas and three parabolic antennas are proposed inside the monocross. Chairman Sotelo opened the public hearing. Associate Planner Ron Garcia presented the staff report. During his presentation Mr. Garcia said that the applicant was requesting a conditional use permit for a 60-foot high wireless telecommunications tower that would be designed in the shape of a cross. He further stated that this property was developed with a church, school, playground and parking lot. Mr. Garcia told the Commission where the cross would be located, described the dimensions of the cross, the equipment enclosure and landscaping to be required. Mr. Garcia also told the Commission that the site is surrounded by residential properties but the closest residence would be separated from the monocross by 100 feet. Further, he said that staff had discussed alternate designs with the applicants. However, it was the applicant’s preference to move forward with the monocross design. Mr. Garcia recommended that the Commission adopt the resolution for approval, or continue the hearing with direction to the applicant to redesign the proposed structure. There was a short discussion regarding alternative designs suggested by staff. Staff said that they had discussed a clock tower, a carillion with a cross on it or something a little more creative. Mr. Garcia added that public hearing notices had been mailed and staff received some inquiries but no one stated their opposition to the request. PROPONENT: Michael Blackwell, representing the applicant, spoke in favor of the project. He said that he had considered other designs but felt the monocross would be the most unobtrusive design to close the severe gap in coverage for this area. In addition, he said this project would be the first of it’s kind in the City. Mr. Blackwell added that the proposed tower is collocatable, has the least amount of mass and it is well integrated with the existing church. Further, Mr. Blackwell said that the equipment had been relocated to the rear of the property and surrounded by a block wall with landscaping to minimize graffiti. Commissioner Carrico asked if the church was in agreement with the design of the monocross. Mr. Blackwell said they were. Commissioner Holtz asked if there will be lighting and Mr. Blackwell that there will not be any. Chairman Sotelo asked if the antenna would be visible. Mr. Blackwell answered that the antenna will be fully enclosed in the cross. Chairman Sotelo expressed his concern for the final appearance of the structure and asked for an illustration how the monocross will look after it’s constructed. Mr. Blackwell suggested that a condition of approval be added that before final approval, the acting Planning Director will inspect the site to be sure the structure meets all requirements. Commissioner Redholtz asked about collocation capabilities and landscaping around the base of the structure. Mr. Blackwell said that since there were concerns about the electromagnetic field so close to the school and residential properties, he contracted with a third-party engineer to prepare a report in simple, easy to read terms to be included in the public record. OPPONENT: Fred Sykes spoke in opposition to the proliferation of these towers because they are located throughout the city. He expressed his concern that the electromagnetic field had the potential to cause health risks to the students of the school. He also expressed his concern for the close proximity to the residential neighborhood, and possible loss of property values. He further expresssed his opinion that a city-wide master plan should be put in place to control the number of cell towers allowed. Mr. Sykes also suggested that the radius for public hearing notices be increased and that the equipment be placed underground. REBUTTAL: Mr. Blackwell said that a report of the health impacts of this site had been generated and were available for review by the public. He also said he had never encounted a negative impact to property values in areas where cell tower are located. He also added that this tower would be built with state-of-the-art materials and technology. Chairman Sotelo closed the public hearing. Commissioner Redhotz said he was concerned in the beginning but his concerns have been adequately addressed so he will support the request. Commissioner Holtz said he felt the proposed monocross was a good match for the property and he was satisfied with the setbacks from the residential properties. He expressed his support. Commissioner Carrico agreed with the comments of the other Commissioners and said he would be in favor of the project. Chairman Sotelo stated that he liked the cross and expressed his opinion that the cross is proper for the site. However, he expressed his concern for the actual appearance of the cross. In addition, he agreed that there should be a city-wide master plan to control the number of cell towers allowed in the city. Commissioner Stewart said that he disagreed with the other Commissioners because he has concerns with the size of the structure. He asked if it could be made smaller in proportion to the existing buildings on-site. Motion by Carrico, seconded by Holtz, to adopt Resolution No. 10-5384 approving Conditional Use Permit No. 10-10. Motion carried 4-1 (Stewart opposed.) Chairman Sotelo stated that this action is final unless appealed to the City Council within ten days. D. NON HEARING ITEMS (1) STUDY SESSION GUEST HOUSES IN R-1 AND R-A SINGLE-FAMILY RESIDENTIAL ZONES A study session to review current code regulations for "guest houses" in single-family residential zones. Staff recommends that the Planning Commission provide comment and direction as appropriate. Acting Planning Director Jeff Anderson presented the staff report. He said that Comissioner Carrico had requested a study session regarding guesthouses, and that requirements for guest houses in R-1 and R-A, Single Family Zones, be discussed by the Commission. Mr. Anderson informed the Commission that guesthouses are not allowed to have kitchens, making them different from “granny flats”. Mr. Anderson also described requirements for guesthouses, including covenants that are required to be recorded by the owner that states kitchen facilities are not allowed and the guesthouse can’t be rented out. In addition, there is a requirement that allows staff to require a convenant be recorded when a guesthouse resembles a second unit. Mr. Anderson also told the Commission that the process to apply for a guesthouse is generally an administrative process. In addition, in the twelve months from July 2009 to July 2010, ten applications had been recieved. Commissioner Carrico said that he’d requested this information in relation to a Design Review Subcommittee review of an addition that resembled a guesthouse. There was then a discussion regarding adding a requirement for a six-foot fence between the main house and a granny flat to allow for more privacy. Joanne Wilner asked if guesthouses can be rented out and if they were intended more for family use. She expressed her concern that guesthouses were being rented out to strangers. Staff said that the covenants define that they are not to be rented out and can be used by friends as well as relatives. Mr. Anderson told the Commission that any changes, such as modifying fence requirements cannot be added without the initiation of a code amendment. There was also a discussion regarding the situation that was considered by the Design Review Subcommittee. Staff was directed to receive and file this report. E. CONTINUATION OF ORAL COMMUNICATIONS Continuation of Item A, Oral Communications None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS Commissioner Redholtz requested that Code Amendment No. 10-03 be scheduled for discussion at the September 14, 2010 regular meeting. CITY COUNCIL ACTION: September 7, 2010 Regular meeting: -Appeal of Planning Commission decision to deny Planning Director’s Modification No. 10-20, for vehicular security gates at 318 Great Mountain Drive. PLANNING DIRECTOR’S REPORT: a. Subcommittee Minutes July 13, 2010 b. Project Status Report Acting Planning Director Jeff Anderson reminded the Commission that the Rose Float Foundation’s “Wine and Roses” Dinner will take place on September 11, 2010 at 6:00 p.m. Mr. Anderson also announced that Planning Department Intern Jennifer Fortuna has accepted a position as Planning Assistant in another city. G. ADJOURNMENT Motion by Redholtz, seconded by Holtz, to adjourn the meeting at 10:30 p.m. Motion carried 5-0.