Sandra Molina, Deputy Director of Development Services, provided an overview of the appeal of Variance 23-004 and Conditional Use Permit 23-003.
Members of the City Council inquired about the applicability of distance requirements and how the distance requirements are measured from residential zones, resort residential zones and schools/daycare centers, which were responded to by staff and legal.
City Attorney Eric Vail provided guidance for the hearing proceedings for those in attendance that will be participating, including the applicant and staff. He indicated that the applicant would have an opportunity for a rebuttal after testimony is heard.
Mayor Mark Carnevale opened the Public Hearing to hear from the applicant and receive input from the general public related to the appeal of Variance 23-004 and Conditional Use Permit 23-003.
Chris McFadden, Applicant/Architect for the proposed project, discussed why the variance in the conditions of approval is problematic due to unique circumstances of the property.
Mayor Mark Carnevale asked if there were any members of the public that wished to speak.
Bruce Bauer, Representing Glory to God Ministries, stated that he submitted letters to the City Council related to the negative impacts of this project on his clients and what he believes the process for reviewing this appeal should be. He discussed his client's activities that involve children that will take place within 60 feet of the proposed project.
He also discussed the standard of review for this appeal. He reported on what he feels are parking issues related to the use of his client's driveway in order to enter the proposed project. He urged the City Council to reject the project or require the following:
The facility have no consumption on site
Street widening be completed in front of the project to ensure a safe line of site That the applicant provide a barrier to ensure ingress and egress are restricted from the Glory of God Ministries property and provide signage stating such Mayor Pro Tem Nancy Ross asked for clarification of statements made by Mr. Bauer, which he responded to.
Councilmember Ernesto Gutierrez discussed his visit to the site and the issues he encountered with parking and line of site.
John Corella, Director of Engineering and Public Works, provided an overview of the facts related to the site of the proposed project, which included the original mutual easement access requirement, the line of site, street widening and parking issues discussed this evening.
John Soulliere, expressed his opposition to the proposed project due to the exposure it may cause to children that visit the neighboring church and issues with line of site on Highway 111.
Carrie Driggs, expressed her opposition to the proposed project due to the line of site issues and traffic, which she feels is not safe for the children that attend the neighboring church.
Al Franz, expressed his opposition to the project due to the public safety impacts it will have. He feels there will be issues with consumption on site, which will affect the children in the nearby vicinity.
Brad Anderson, urged the Council to deny this project or uphold the Planning Commission's decision.
Chris McFadden responded to some of the concerns raised and indicated that some of the concerns can be mitigated.
The City Council asked clarifying questions which were responded to by staff.
Mayor Mark Carnevale closed the Public Hearing and returned discussion to the City Council.
Councilmember Ernesto Gutierrez expressed his opposition to the project.
City Attorney Eric Vail discussed the standard of review for this appeal, in which all decisions should be based on the facts and not moral opinions.
Councilmember Raymond Gregory expressed his support for this project.
Mayor Pro Tem Nancy Ross expressed her support of the project.
Mayor Mark Carnevale expressed his opposition to the project.
A motion was made by Councilmember Greogry and seconded by Mayor Pro Tem Ross to affirm the CUP, grant the variance and add a condition that there will not be a consumption lounge on site.