1.    ROLL CALL: Chair Balen called the meeting to order at 6:36 p.m. Chair Balen and Commissioners Milligan, Meatzie, Hauser, Cutter and Cvar answered the roll. Commissioner Uhl was absent. A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: None.
3.    COMMISSION COMMENTS AND CONCERNS: Commissioner Cutter asked about the Commission's role in preventing environmental damages during the fireworks displays. He was appalled at the number of violations which take place during the event, such as shooting off fireworks around sea lions, putting dry ice in plastic bottles to allow it to explode in the water and other such violations. Chair Balen noted that his concerns would be forwarded to the appropriate parties.
4.    MINUTES: The Commission considered the minutes from the June 19, 2001 meeting. Commissioner Hauser moved to approve the minutes. Commissioner Cutter seconded, and the motion carried unanimously on a voice vote.
5.    CORRESPONDENCE: None.
6.    PUBLIC HEARING: Chair Balen opened the Public Hearing for Case File #2-C-01, Lee Arce Development. He explained the public hearing process and called for abstentions, ex parte contact, bias, and conflicts of interest. Commissioner Cvar noted that he viewed the site and had talked to the nephew of the contractors who told him that it was possible in the future that they might put another similar structure on the property. There were no objections to his participation.
    Staff Report: Mr. Thompson reviewed his written report, noting that there were currently no structures on the property. He also clarified for the Commission that there were no residential structures near the area in consideration, so no additional setbacks would be required. He noted that the City has accepted the streets as public streets. Mr. Thompson requested that the applicant clarify the types of businesses and potential number of customers and employees for each business. He noted that the applicant had already clarified that he would be willing to pursue an extension of the current sewer system to the property, in conjunction with other property owners in the Industrial Park.
    Commissioner Cvar asked if the holding tank was an acceptable standard, Mr. Thompson responded affirmatively, noting that the City would also be moving on the LID process to bring sewer to the area. Chair Balen asked if the owner was planning on putting another building on the property, Mr. Arce responded that they didn't know at present, it depends on whether he could rent the spaces in this one first.
    Applicant's Presentation: Mr. Arce and his contractor, Ron Trevillian, were present. Mr. Arce noted that he didn't know what type of businesses would be renting the building, but there would be more than enough area for whatever parking would be required. Commissioner Cvar noted that he had done some rough estimates and if another building of similar size were built, there may not be enough room for the additional parking. Commissioner Hauser noted that if the applicant did decide to put in another building, he would have to come back before the Commission for another conditional use permit. Chair Balen asked about the revised plans. Mr. Arce noted that the only proposed modification would be to the first unit, which they wanted to be divided into two. The rest of the units would remain the same. Commissioner Cutter asked about fire protection. Mr. Thompson indicated that there were hydrants present. Commissioner Cutter also noted that the parking should allow for a fire lane to access the building. He asked about the drainage from the property, and the applicant responded that the drainage would be directed to the present culverts which eventually drain into existing waterways. Commissioner Cutter asked what preventative measures would be taken to ensure that "industrial wastes" did not make their way into the ground water and waterways. The applicant noted that this was not something they had thought of, although the concern certainly had merit. Mr. Arce suggested signage and possibly putting language into the lease, noting that he was well aware of environmental concerns which is why he would not rent to certain types of businesses. The final concern expressed by Commissioner Cutter was in regards to loading and unloading materials. Mr. Thompson noted that the previous applicants were encouraged to use Wakonda Beach Road, Commissioner Cutter asked that the condition be applied unilaterally. Mr. Arce suggested that the language be put in the lease. Commissioner Hauser asked why the owner was building the structure, if he didn't have any tenants. Mr. Arce responded that he felt there was a need, and hoped that this would be proven. He noted that he had been contacted by Chris de Torrice about the enterprise zone possibilities. A brief discussion ensued regarding the required parking, and whether the number of spaces might be too high. Mr. Thompson noted that there appeared to be sufficient space available for parking if necessary. Commissioner Cvar asked about the review process for business licenses, wondering if there were sufficient precautions in place to prevent undesirable uses. Discussion ensued. Chair Balen closed the Public Hearing and opened the Planning Commission meeting for deliberations.
    Commissioner Cutter noted that an additional condition would be to require signage regarding the fact that the culverts drained into the creek. Mr. Arce noted that the parking area would be graveled for the time being.
    Commissioner Hauser moved to approve the application for a conditional use with the six suggested requirements plus the signage restricting the dumping of hazardous material and possible pollution. Commissioner Cutter seconded. Commissioner Cvar suggested that the Commission consider a recommendation to the Council to make the area a General Industrial zone rather than Planned Industrial to prevent the necessity for conditional use applications. The motion then carried unanimously on a voice vote.
8.    OLD BUSINESS: None.
9.    NEW BUSINESS:
    A.    Adoption of Findings for 2-V-01, Lon & Sharon Clow: Commissioner Cutter moved to approve the findings as presented. Commissioner Milligan seconded, and the motion carried unanimously.
    B.    Planning Report: Mr. Thompson reviewed his written report. A brief discussion ensued regarding the noxious weed citation and other citations, as well as the development code revisions. The Commission also discussed the need for requiring conditional use applications in the Planned Industrial zone, which allows for a greater measure of control in regards to the types of businesses and restrictions which can be applied.
10.    ADJOURNMENT: At 7:55 p.m., there being no further business to come before the Commission, Commissioner Cutter moved to adjourn. Commissioner Hauser seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

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