P.C. RESOLUTION NO

Transcription

1 P.C. RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALABASAS TO ADOPT A SIGN PROGRAM (PL ) AND APPROVE A VARIANCE (PL ) FOR INTERNAL ILLUMINATION OF THE MERCEDES-BENZ LOGO WITHIN THE PROPOSED MONUMENT SIGN AND RECOMMEND TO THE CITY COUNCIL TO APPROVE A CONDITIONAL USE PERMIT (PL ) TO REMOVE AN EXISTING MONUMENT SIGN AND INSTALL A NEW HIGH, SQUARE-FOOT DOUBLE-FACED MONUMENT SIGN, LOCATED WITHIN THE COMMERCIAL-RETAIL (CR) ZONING DISTRICT AND DESIGNATED SCENIC CORRIDOR, AT CALABASAS ROAD. Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. Staff reports prepared by the Community Development Department. 2. Staff presentation at the public hearing held on April 24, 2008, before the Planning Commission; 3. The City of Calabasas Land Use and Development Code, General Plan, and all other applicable regulations and codes; 4. Public comments, both written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request; 5. Testimony and comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing; and, 6. All related documents received and/or submitted at or prior to the public hearing. Section 2. Based on the foregoing evidence, the Planning Commission finds that: 1. The applicant submitted an application for File No on January 31, 2008.

2 2. On February 19, 2008, a Development Review Committee meeting was held, and the applicant was given a detailed list of incompleteness items. 3. On March 20, 2008, the applicant resubmitted plans addressing items from the Development Review Committee and submitted applications for a Sign Program and variance permit. 4. On March 28, 2008, the Design Review Panel reviewed the project and recommended approval of the project with minor changes. 5. On April 11, 2008, the applicant resubmitted plans addressing the comment from the Design Review Panel. 6. On April 11, 2008, the application was deemed complete and the applicant was notified. 7. Notice of the April 24, 2008, Planning Commission public hearing was posted at Juan de Anza Bautista Park, the Calabasas Tennis and Swim Center, Gelson s market and at Calabasas City Hall. 8. Notice of the April 24, 2008, Planning Commission public hearing was provided to property owners within 500 feet of the property as shown on the latest equalized assessment roll. 9. Notice of the Planning Commission public hearing was mailed or delivered at least ten (10) days prior to the hearing to the project applicant. 10. The project site is currently zoned Commercial-Retail, Scenic Corridor (CR- SC). 11. The land use designation for the project site under the City's adopted General Plan is Business-Retail (BR). 12. The surrounding land uses around the subject property are the 101 Ventura Freeway to the north, open-space development restricted land to the south, the 101 Ventura Freeway on/off ramps to the west and a commercial, service station/market to the east. 13. Notice of Planning Commission public hearing included the notice requirements set forth in Government Code Section (b)(2). Section 3. In view of all of the evidence and based on the foregoing findings, the Planning Commission concludes as follows: 2

3 Section (E) of the Calabasas Municipal Code allows the Planning Commission to approve a Conditional Use Permit provided that the following findings are made: 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; Monument signs are allowed in the Commercial-Retail zoning district and designated Scenic Corridor. The purpose for the proposed monument sign is to provide exposure of an existing Mercedes-Benz auto dealership to Calabasas Road, as enjoyed by a substantial number of businesses along the Calabasas Road District. The proposed monument sign conforms to the Scenic Corridor Development Guidelines, in that the colors and materials of the monument sign are designed to match the modern architecture of the Mercedes-Benz auto dealership. The monument sign incorporates steel pipes, blue aluminum panels, vinyl lettering, and use of translucent white polycarbonate for the corporate logo. The proposed monument sign conforms to all applicable standards found within the Commercial-Retail (CR) zone, such as height, lighting and size, with the exception of the internal illumination, for which a variance permit is being sought. The internal illumination method is similar to a halo lit illumination. The proposed advertising panels will display only a lit corporate logo, while the remaining portions of the panels will remain unlit. Accordingly, the method of lighting meets the intent of the Code. The proposed monument sign is within the allowed height limit of 25 feet and does not exceed the allowed sign area of 150 square feet. Therefore, this project conforms to this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan; The land use of the subject site is auto sales, which is an allowed use per the Business-Retail (B-R) land use designation within the General Plan. Constructing a monument sign and creating a Sign Program does not change the use of the subject site. Therefore, the project will continue to be in compliance with the General Plan. In this case, the project involves the construction of a high monument sign on an existing developed site. The subject sign is consistent with the design guidelines and materials outlined in the Scenic Corridor Development Guidelines, in that the use of steel pipes, aluminum panels, vinyl lettering and translucent white polycarbonate are designed to match the modern architecture of the existing Mercedes-Benz auto dealership. The proposed colors and materials are consistent with the existing auto dealership. Additionally, the proposed monument sign is designed to be proportional to the existing approximately 92,000 square-foot facility and is integrated into the existing landscaping. 3

4 The West Calabasas Road Master Plan states that monument signs shall have a solid architectural base that supports the sign and is comprised of authentic, natural materials. However, the Design Review Panel recommended that the stone base be eliminated due to its aesthetic incompatibility with the design of the sign itself and the overall design of the modern style building. Reflecting the Design Review Panel s recommendations, the applicant incorporated a concrete white base to match the existing modern style building. Because the project complies with the Scenic Corridor Development Guidelines, West Calabasas Road Master Plan, and is consistent with the General Plan, the project meets this finding. 3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311, Accessory Structures, of the California CEQA guidelines. Per this exemption, projects consisting of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including on-premise signs are exempt from the provisions of CEQA. The project proposes a sign program and the removal and replacement of an existing monument sign. Therefore, the project qualifies for this exemption. 4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The proposed monument sign will not alter the use of the existing auto dealership use in any manner and is solely requested for the purpose of identifying the existing auto dealership and to provide the applicant comparable visibility from Calabasas Road as enjoyed by other businesses along Calabasas Road. Therefore, this project is in conformance of this finding. Section (E) allows the Planning Commission to approve a Variance permit provided that the following findings are made: 1. That there are special circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; Special circumstances applicable to the property are the property s shape and surroundings, such that the strict application of this chapter denies the 4

5 property owner the privilege of internal illumination, which is enjoyed by other property owners in the vicinity and under identical zoning districts. The Mercedes-Benz of Calabasas auto dealership currently has a monument sign with an internally lit corporate logo, which is proposed to be replaced with a commensurate monument sign. The existing Mercedes-Benz of Calabasas auto dealership is located on an irregularly, narrow, rectangular shaped lot, which is approximately 92,000 square-feet. Other properties under the identical Commercial-Retail zoning district have shapes similar to a square and there are no other properties within the vicinity, which have a narrow, rectangular lot shape comparable to the Mercedes-Benz of Calabasas property. The auto dealership is located within the Commercial-Retail zoning district and Calabasas Road District. According to Section of the Calabasas Municipal Code, signs located within the Commercial-Retail zoning district and Calabasas Road District are only allowed to be halo or externally illuminated. And as such, the corporate logo, which is comprised of three dimensional polycarbonate material is incompatible with halo illumination because the lighting of the logo would appear distorted. Therefore, the applicant is proposing internal illumination of the corporate Mercedes-Benz logo within the monument sign. Additionally, the Scenic Corridor Development Guidelines recommend that lighting, both exterior and internal, should be kept to an absolute minimum. By incorporating internal lighting to illuminate only the corporate logo of the proposed monument sign, and not externally light the entire monument sign, the applicant will significantly reduce the amount of lighting. Existing property owners enjoy the privilege of internal illuminated monument signs. These businesses include Acura, Sperling Nursery, and BMW. Additionally, the Planning Commission approved a monument sign with internal illumination for Bob s Smith s BMW auto dealership with a Conditional Use Permit No ; Sign permit No and Variance No A 25 -high monument with internal illumination of the corporate logo was approved on February 15, The Mercedes-Benz of Calabasas is proposing a monument sign similar to that of BMW s approved monument sign. The monument sign for Mercedes-Benz of Calabasas proposes the internal illumination for their corporate logo and is comparable to height and size of the BMW monument sign. Therefore, based on the foregoing, special circumstances are applicable to the property and the proposed project meets this particular finding. 2. That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; 5

6 The applicant is proposing a high external and internally illuminated monument sign. The applicant is proposing a variance for internal illumination of the corporate logo within the proposed monument sign. Additionally, the proposed monument sign is commensurate with the existing internally illuminated monument sign. The Mercedes-Benz auto dealership is located within the Commercial-Retail zoning district and Calabasas Road District. Pursuant to Section of the Calabasas Municipal Code, only halo illuminated or external lighting is allowed within the Commercial- Retail zoning district. Approval of a variance to allow the applicant to incorporate internal illumination is warranted since the majority of the property owners within the vicinity and zoning district enjoy internally illuminated signs with signage visible from Calabasas Road. The businesses that enjoy internally illuminated signs within the vicinity and zoning district include Sperling Nursery and the Acura and BMW auto dealerships. These properties currently enjoy signage that either meets or exceeds the allowed height limit. Additionally, the Planning Commission approved a monument sign with internal illumination for Bob s Smith s BMW auto dealership with a Conditional Use Permit No ; Sign permit No and Variance No A 25 -high monument with internal illumination of the corporate logo was approved on February 15, The Mercedes-Benz of Calabasas is proposing a monument sign similar to that of BMW s approved monument sign. The monument sign for Mercedes-Benz of Calabasas proposes the internal illumination for their corporate logo and is comparable to height and size of the BMW monument sign. Therefore, since other property owners in the same vicinity of the subject property and zoning district enjoy internally illuminated monument signs, the proposal for internal illumination of the corporate logo within the Mercedes-Benz monument sign meets this proposal. 3. That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located; and The applicant is proposing to have the corporate logo on the monument sign internally illuminated, while the remaining portion of the sign panel will remain unlit. Tower panel of the monument sign will be exterior lit. The proposed illumination meets the intent of the code in regards to halo illuminated requirements since only the logo would be illuminated and not the entire panel. Additionally, the proposed internal illumination is designed to clearly advertise the brand of the Mercedes-Benz auto dealership without causing excessive glare, unreasonably competing for the public s attention, or creating any roadway safety hazard. Therefore, by illuminating only the corporate logo 6

7 and leaving the remaining portion of the upper sign panel unlit, the proposed project is in conformance with this finding. 4. That granting the variance is consistent with the General Plan and any applicable specific plan. The land use of the subject site is auto sales, which is an allowed use per the Business-Retail (B-R) land use designation within the General Plan. Constructing a monument sign and creating a Sign Program does not change the use of the subject site. Therefore, the project will continue to be in compliance with the General Plan. Attachment A of the Scenic Corridor Development Guidelines states that All signage should be visually proportionate to the building façade and have balance and scale with the overall building mass. The proposed monument sign is designed to identify the existing business, which is an existing Mercedes-Benz of Calabasas auto dealership facility approximately 92,000 square feet in area and encompasses 1,125 feet of street frontage. The proposed high monument sign encompasses approximately square feet in sign area and is designed in proportion to the on-site auto dealership facility. Section , states that Lighting, both interior and external, should be kept to an absolute minimum, except for the commercial urban areas. Although, the Scenic Corridor policy allows for lighting standards to be more relaxed in commercial areas than in any other areas of the City, the applicant is proposing a monument sign with limited lighting that will be less intrusive than existing signs along Calabasas Road, which are visible. The proposed monument sign calls for the corporate logo to be internally illuminated, which is consistent with halo illumination. Therefore, granting a variance to allow for internal lighting, for this project, does not deviate from the intent of the code. If the applicant were otherwise required to incorporate further exterior lighting, as allowed by Section of the CMC, the lighting method would be more detrimental to the both the Scenic Corridor along Calabasas Road and the 101 Ventura Freeway. The General Plan Consistency Review Program states that In all projects, lighting fixtures should be attractively designed to complement the overall design theme of the project within which they are located. The proposed modern design of the monument sign is consistent with the architecture of the existing Mercedes-Benz of Calabasas auto dealership facility. The proposed sign panels will display an illuminated corporate logo, which will emit light similar to that of a halo; nevertheless, the halo-like lighting is still considered to be internal, which is not allowed within the Calabasas Road District. As such, the applicant is seeking approval of a variance to incorporate internal lighting, which will result in a less intrusive lighting method as opposed to the 7

8 alternative lighting method allowed by Section of the CMC, which would required the applicant to incorporate exterior lighting of the entire monument sign. The West Calabasas Road Master Plan states that monument signs shall have a solid architectural base that supports the sign and is comprised of authentic, natural materials (e.g., stone, brick, etc.). However, the Design Review Panel recommended that the stone base be eliminated due to its aesthetic incompatibility with the design of the sign itself and the overall design of the modern style building. Reflecting the Design Review Panel s recommendations, the monument sign is now proposed with a concrete white base to match the existing modern style building. Because the project complies with the Scenic Corridor Development Guidelines, West Calabasas Road Master Plan, and is consistent with the General Plan, the project meets this finding. Section (E) of the Calabasas Municipal Code allows the Planning Commission to approve a Sign Program and new monument sign provided that the following findings are made: 1. The proposed sign is permitted within the zoning district and, complies with all applicable provisions of this chapter, and any other applicable standards; The existing Mercedes-Benz auto dealership is an allowed use within the Commercial-Retail (CR) zoning district per Section of the Calabasas Municipal Code. Constructing a monument sign and creating a Sign Program will not change the existing allowed use of the site. All existing building-mounted signs are to remain as-is and will not be changed per this application. The proposed Sign Program documents the existing signage on the subject site and helps ensure that the existing, legal non-conforming signs will not be altered or replaced in any way that would increase their non-conforming status any further in the future. The Sign Program consists of the two (2) existing, legal non-conforming buildingmounted, freeway facing signs, one (1) existing, legal non-conforming building-mounted sign, and one (1) monument sign. The monument sign is designed to provide exposure of the existing Mercedes-Benz of Calabasas auto dealership to Calabasas Road, as enjoyed by a substantial number of other businesses along the Calabasas Road District. Additionally, the project conforms to the Scenic Corridor Development Guidelines, in that the colors and materials of the monument sign are designed to match the modern architecture of the existing Mercedes- Benz auto dealership. The proposed monument sign incorporates steel, blue aluminum panels, white vinyl lettering and translucent white polycarbonate for 8

9 the corporate logo. Additionally, the proposed monument sign conforms to all applicable standards found within the Commercial-Retail (CR) zoning district, such as height, location, size and lighting, with the exception of the internal illumination, for which a variance permit is being sought. The proposed high monument sign is within the allowed 25 foot height limit and the proposed sign area is within the 150 square feet allowed in the zone. The proposed monument sign will incorporate internal lighting that will illuminate the corporate logo leaving the blue panels unlit, which meets the intent of the halo lit standard within the Calabasas Road District. Thus, the project is in conformance with this finding. 2. The sign primarily identifies the name of a business, lesser, owner, product, service or activity on the premises; The proposed monument sign primarily indentifies the business name of Mercedes-Benz of Calabasas and the Mercedes-Benz logo. All existing building-mounted signs are to remain as-is and will not be altered or changed as part of this application. The Sign Program consists of the two (2) existing, legal non-conforming building-mounted, freeway facing signs, and one (1) existing, legal non con-forming building-mounted service sign, and one (1) monument sign. The material and content of the monument sign are consistent with both the sign ordinance and existing signage. Therefore, the proposed project meets this finding. 3. The sign s illumination shall be in compliance with the city Lighting Ordinance. The proposed monument sign is in compliance with the city s Lighting Ordinance, with the exception of the internal illumination of the Mercedes- Benz logo within the monument sign, for which a variance permit is being sought. The applicant is proposing an internal and external lit monument sign. The proposed lighting is consistent with the lighting displayed by existing signage on the building. The internal illumination is similar to a halo lit method of illumination. The proposed advertising panels will display an internally lit corporate logo, while the remaining portion of upper panel will remain unlit. The lower panel of the monument sign identifying the business name will be externally lit. The method of the internal lighting meets the intent of the code. Accordingly, the exterior lighting complies with the Code. The Sign Program consists of existing, legal nonconforming signs, which will not be altered or replaced as part of this application. Therefore, the project is in conformance with this finding. 4. The sign is in compliance with Section (Sign Design Criteria). The applicant is proposing a monument sign composed of steel pipes and aluminum panels affixed to a concrete base on the ground. Overall, the letter 9

10 size and style, shape, color and materials, of the proposed monument sign is consistent with the overall modern architecture style the Mercedes-Benz auto dealership and are proportional to the size of the approximately 92,000 square-foot auto dealership building. Therefore, the project conforms to this finding. Approval of this request is also based on the provisions of Title 17 of the City of Calabasas Municipal Code and the following Scenic Corridor Development Guidelines findings, as discussed in Sec of the Land Use and Development Code: 1. The proposed project design has considered and complies with the Scenic Corridor Development Guidelines adopted by the council; The proposed project has considered and complies with the Scenic Corridor Development Guidelines. By incorporating steel pipes, aluminum panels, vinyl lettering and a translucent white polycarbonate logo within the proposed sign design to match the existing modern architecture of the auto dealership, the project conforms to the Scenic Corridor Development Guidelines. The Development Guidelines indicate that both interior and external lighting should be kept to a minimum. The applicant is requesting to construct a monument sign with a corporate logo, which is internally lit, fulfilling the intent of the code, and is aesthetically pleasing and beneficial to the Scenic Corridor. The Scenic Corridor Development Guidelines recommend that all signage should be visually proportionate to the building façade and are in balance with the overall building mass. The proposed monument sign is designed to identify the existing business, which is a Mercedes-Benz of Calabasas auto dealership facility, approximately 92,000 square feet in area and encompassing 1,125 feet of street frontage. The proposed high monument sign encompasses approximately square-feet in sign area and is designed in proportion to the on-site auto dealership facility. The proposed materials are consistent with the Scenic Corridor Development Guidelines. The size and shape of the proposed monument sign are consistent with the existing building; and it is no larger than the existing monument signs located within the Calabasas Road District. Therefore, the proposed project meets this finding. 2. The proposed project incorporates design measures to ensure maximum compatibility with and enhancement of the scenic corridor; The proposed Sign Program documents the existing signage on the subject site, and will help ensure that the existing, legal non-conforming signs will not be altered or replaced in any way that would increase their non-conforming 10

11 status any further in the future. By incorporating steel pipes, blue aluminum panels, white vinyl lettering and a translucent white polycarbonate logo, the proposed sign is designed to match the existing modern architecture of the auto dealership, which conforms to the Scenic Corridor Development Guidelines. This design was also recommended by the Design Review Panel. Therefore, the proposed project complies with this finding. 3. The proposed project is within an urban scenic corridor designated by the General Plan, and includes adequate design and landscaping, which serves to enhance and beautify the scenic corridor. The subject site currently has adequate design and landscaping, which serves to enhance and beautify the scenic corridor. The applicant is proposing a monument sign composed of steel pipes, aluminum panels, vinyl lettering, and a translucent white polycarbonate logo and a white concrete base. The materials, texture, size, shape, height, and placement of the proposed monument sign are consistent with the overall modern style architecture of the Mercedes-Benz of Calabasas auto dealership. The sign is proportional to the size of the existing auto dealership facility. Accordingly, this project conforms to this finding. Section 4. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission hereby adopts a Sign Program (PL ) and approve a Variance (PL ) and recommends to the City Council to approve a Conditional Use Permit (PL ) and adopt Resolution No subject to the following agreements and conditions: I. INDEMNIFICATION AGREEMENT The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Sign Program, Conditional Use Permit and Variance or the activities conducted pursuant to this Sign Program, Conditional Use Permit, and Variance. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Sign Program, Conditional Use Permit, and Variance or the activities conducted pursuant to this 11

12 Sign Program, Conditional Use Permit, and Variance. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. II. CONDITIONS OF APPROVAL Community Development Department / Planning Division 1. The proposed project shall be built in compliance with the approved plans on file with the Planning Division. 2. All project conditions shall be imprinted on the title sheet of the construction drawings. The approved set of plans shall be retained on-site for the review of Building Inspectors. Prior to any use of the project site, all conditions of approval shall be completed to the satisfaction of the Director of Community Development. 3. The project approved herein is depicted on those sets of drawings, elevations, etc., stamped approved by staff on the approval date. Any modifications to these plans must be approved by the Department of Community Development staff prior to the changes on the working drawings or in the field. Changes considered substantial by the Planning staff must be reviewed by the Planning Commission. The determination of whether or not a change is substantial shall be made by the Director of Community Development. 4. Prior to issuance of grading or building permits, plans shall be reviewed and approved by the Department of Community Development to ensure compliance with the plans approved by the Planning Commission. The plans shall comply with the conditions contained herein, the Calabasas Municipal Code, and all City Resolutions and Ordinances. 5. This grant shall not be effective for any purposes until after the applicant, or its successors, and the owner of the property involved (if other than the applicant) have signed this decision letter stating that the applicant or its successors and the owner are aware of and agree to accept all conditions of approval. 6. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any 12

13 violation of the conditions of approval may result in the revocation of this approval. 7. This approval shall be valid for one year and eleven days from the date of adoption of the resolution. The permit may be extended in accordance with Title 17 Land Use and Development Code, Article VI - Land Use and Development Permits. 8. All ground and roof-mounted equipment is required to be fully screened from view. Upon final inspection, Planning Division staff may require additional screening if warranted, through either landscaping, walls or a combination thereof. All exterior lights are subject to the provisions set forth in the Lighting Ordinance Chapter of the Land Use and Development Code. Lighting of 60 watts or less on residential projects is exempt by the Lighting Ordinance. 9. All exterior colors and materials used for the construction of the project shall be in substantial conformance with the approved materials and colors shown on the plans. 10. Prior to commencement of construction, all necessary building permits must be obtained from the Building and Safety Division. 11. The project must comply with the building codes in effect at this time, which are the A2007@ Los Angeles County Building, Plumbing, and Mechanical codes, and the A2007@ California Electrical Code. 12. The project is located within a designated AVery High Fire Hazard Severity Zone@. The requirements of Chapter 64 of the 2007 Los Angeles County Building Code, Vol. 1, must be incorporated into all plans. 13. Construction Activities - Hours of construction activity shall be limited to: i. 7:00 a.m. to 6:00 p.m., Monday through Friday ii. 8:00 a.m. to 5:00 p.m., Saturday Stacking of construction worker vehicles, prior to 7:00 a.m. in the morning will be restricted to areas that do not adversely affect adjacent residences or schools. The applicant or its successors shall notify the director of Transportation and Intergovernmental Relations of the construction employee parking locations, prior to commencement of construction. 13

14 Section 5. All documents described in Section 1 of PC Resolution No are deemed incorporated by reference as set forth at length. PLANNING COMMISSION RESOLUTION NO PASSED, APPROVED AND ADOPTED this 24th day of April, ATTEST: Mark Sikand, Chairperson Maureen Tamuri Community Development Director APPROVED AS TO FORM: City Attorney Planning Commission Resolution No , was adopted by the Planning Commission at a regular meeting held April 24, 2008, and that it was adopted by the following vote: AYES: NOES: ABSENT: ABSTAINED The Secretary of the Planning Commission shall certify the adoption of this Resolution, and transmit copies of this Resolution to the applicant along with proof of mailing in the form required by law and enter a copy of this Resolution in the book of Resolutions of the Planning Commission. Section of the Civil Code of Procedure governs the time in which judicial review of this decision may be sought. 14