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HomeMy WebLinkAbout2018/04/11 - Minutes - PC-HPC ISM( e o • �• APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. — CALL TO ORDER 7:00 PM Pledge of Allegiance Roll Call: Chairman Oaxaca X Vice Chairman Macias X Commissioner Guglielmo X • Commissioner Munoz =X= Commissioner Wimberly X Additional Staff Present: Candyce Burnelt. City Planner, Nick Ghirelli, Assistant City Attorney: Albert Espinoza, Asst. City Engineer, Dominick Perez, Associate Planner: Lois Schrader, Planning Commission Secretary: Mike Smith, Senior Panner B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION • AND PLANNING COMMISSION Page 1 of 10 -MESINEW . APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of March 14, 2018 (Continued from March 28, 2018) Moved by Guglielmo, seconded by Macias carried 4-0-1 (Oaxaca abstain) to adopt the Regular Meeting Minutes of March 14, 2018. C2. Consideration to adopt Regular Meeting Minutes of March 28, 2018 • C3. Consideration to adopt Adjourned Meeting (Workshop) Minutes of March 28, 2018 Moved by Guglielmo, seconded by Munoz, carried 3-0-2 (Macias, Wimberly abstain) to adopt the Regular Meeting Minutes and Adjourned Meeting Minutes of March 28. 2018. D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. D1 . MUNICIPAL CODE AMENDMENT DRC2018-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections 15061(13)(3) and 15305. This item will be forwarded to the City Council for final action. CONTINUED FROM MARCH 14, 2018 AND MARCH 28, 2018, Chairman Oaxaca rioted the item had been continued and the public hearing has remained open from the March 28,2018 meeting. Jana Cook, Conununity Improvement Manager, gave the report and PowerPoint presentation • (copy on file). Her PowerPoint addressed concerns previously mentioned by the Cotrunission Page 2 of 10 15 123 gil • P APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA on March 14. She said the number of signs allowed (12) was determined with input and seemed to be reasonable to give clear directions to event locations. She said a different number could be recornrnended by the Commission to the Council. She mentioned the driving force began with 2015 case law that pointed to areas of our current ordinance to be out of compliance. Additionally, she mentioned the public safety/traffic concerns as a driving force. She indicated the timing of this draft ordinance has little to do with it being a political season as this was started long before the pollical season. She said we regularly receive reports about signs but our hands are currently tied with respect to enforcement using our current ordinance. She said 350 signs were removed on 10 separate dates during February 2018. She said staff had hoped to bring this forward sooner; but the process was very complicated working with • other departments followed by review from legal counsel to ensure defensibility. She noted a positive response was received at the Chamber of Commerce Business Connections Network breakfast. She said the B1A is aware we are moving forward and the discussion with them is continuing to seek options for an off-site sign program for development projects that is satisfactory to the B1A and the City. Chairman Oaxaca opened the floor for public comment. Bill Rue of the Citrus Valley Association of Realtors said they have had many conversations with staff and they appreciate the hard work and attention to their concerns and for keeping them informed. He said they appreciate the time, effort, the members feel they are getting more not less, they too appreciate limiting blight, and they are glad to look for safety — their members take safety seriously. He said they also appreciate that it is content neutral and that we are following the Supreme Court ruling for equality for all. He said he looks forward to working with Mr. Espinoza and Ms. Cook in the future. Chairman Oaxaca closed the public comment period and moved to Commission comments. Commissioner Munoz said he supports the realtors' and B1A concerns and lie understands the line of sight issue/safety. He said we look at this issue frequently and he appreciates the tweaks. He said he does not believe we currently give everyone an even break with respect to signs and he supports the idea of the change to help ensure all parties get a fair,shot. He commented on his concerns regarding blight, permitting/registration of those wanting to post signs. what happens with those who run afoul of the law or don't use common sense, enforcement and the consequences of possibly doing nothing with the current ordinance. He asked legal counsel what the implications of doing nothing might be. Page 3 of 10 n 9 ' APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Nick Ghirelli, Assistant City Attorney clarified that with respect to the blight issue, they are allowed i sign per side of the block. So technically 2 per block. Ms. Cook confirmed that there could be numerous signs frorn different companies on one block. She said She also confirmed there is no procedure for them to register or permit in any sway. She said the only signs being removed now are those posted on city structures and/or those in poor/dilapiclated condition and she confirmed that profane or unlawful signs will be removed. She confirmed that none have been removed up to this point relative to content. Mr. Ghirelli spoke to the 'doing nothing ' option by indicating the consequence is what Community Improvement deals with now as staff does not feel it appropriate to enforce the • sign ordinance because the current ordinance creates a prohibition on many types of signs and then creates categories of signs with special rules - it raises a threat of an unequal scenario and could expose the City to liability. He said for example: the big one is extra permission given to real estate signs. He said currently, if staff rernoves a real estate sign and not a political sign then it creates a problem of tartness. Commissioner Munoz confirmed that safety and the line of site trumps all other concerns regardless of the sign. Ms. Cook confirmed that is correct. Mr Ghirelli confirmed that the city has a compelling duty to protect the public safety. Commissioner Munoz surmised that the concern is not so much about enforcement we are trying to correct the language. He thought if a0 the, businesses put out signs it would create blight. He asked how we control that if content neubality is an issue. Ms. Cook noted we still have limits rules in place (one per block limited to 12 for example) in addition to the content neutrality e.g. the one sign per block rule is in place so multiple sign blight would not be occurring. She said we would probably not see every business purchasing many signs and putting them out and removing there for 60 or 90 days. We may have unintended consequences, but we can deal with that if it arises. Chairman Oaxaca asked what if all businesses in a strip mall decided to put out a sign-the • result would be blight. Page 4 of 10 APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA PAs. Cook referred to a slide in her PowerPoint. No signs within 200 feet of a business location or complex would be allowed. Chairman Oaxaca asked about provisions in our sign program conditions that help with this. (Lis Cook noted those are all on private property. This ordinance is just for signs in the public right of way. Chairman Oaxaca asked about notification requirements. related possible liability and managing the frequent violators. • Ms. Cook said that notification was considered but it would be arduous to monitor through that vehicle. She said also some individuals or groups practicing free speech (night feel constrained about noting their phone. name etc. on Borne sort of City notification. For violators we start with a kind request. then an administrative citation and then for those who really don't comply we can rlo a civil injunction or criminal filing-these are tools that could be used if necessary. Chairman Oaxaca noted the sought-out balance of free speech rights and city ndes. PAs. Cook said there is specific due process for violations-an administrative hearing and a review by the Superior Court if it is pursued beyond that. Mr. Glwelli reminded the Cornmissioa they can qualify their recommendation with cornrnents or suggestions for changes to the Council. Moved by Wimberly seconded by Macias carried 5-0 to adopt the Resolution recommending approval of Municipal Code Amendment DRC2018-00177 by the City Council as presented by stalf. D2. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC —A proposal to construct a 56,560-square foot building for office, storage, freight handling, shipping, trucking services and terminals on an 11.82-acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe • railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item was originally advertised, heard and continued from the Planning Page 5 of 10 APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commission meeting of February 14, 2018 and re-advertised for the April 11, 2018 meeting date. D3. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC —A proposal to remove a total of two (2) heritage trees and twenty-seven (27) non-heritage trees in conjunction with a proposed industrial project to construct a 56,000-square foot building for storage, freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This • item was originally advertised, heard and continued from the Planning Commission meeting of February 14, 2018 and re-advertised for the April 11, 2018 meeting date. It was rioted Items D2 and D3 would be heard together as they are related. Dominick Perez, Associate Planner gave the staff report and PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing. Ben Homing, Director of Development for Dedeaux Properties said it was a pleasure working with staff for the last year. He said they are excited to get it built. Chairman Oaxaca closed the public hearing. Commissioner Suglielmo asked how does the traffic flow work is there a "suicide lane" for trucks to pull into. Albert Espinoza, Assistant City Engineer said this was a concern for us as well because of the short distance from the southerly driveway to the railroad tracks just to the south and was another reason why this had to be addressed. He said the movements will be limited to the northerly driveway for inbound truck traffic and the southern drive is for outbound truck traffic only. There are fewer limitations on cars employee vehicles when accessing/exiting the site. Chairman Oaxaca said the DTSC mentioned potential for underground storage tanks. He • asked if there was evidence of that. Page 6 of 10 • APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mr. Perez said there were underground tanks and the removal of thein was verified. There was a regulatory closure in 1998 but the DTSC determined no further assessment is necessary. Commissioner Munoz said the project is straightforward. looks good and will improve the area- lie offered his support. Commissioner Wimberly concurred and offered congratulations to the applicant for working through the concerns. • Commissioner Guglielmo concurred and said it is a good design arid functional site. Commissioner Macias agreed that it is a good project. Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Mitigated Negative Declaration of environmental impacts and the Resolutions of Approval for Design Review DRC2017-00084 and Tree Removal Permit DRC2017-00800. D4. DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA - A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp, and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for subsequent projects within the scope of a prior EIR. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental • impacts that were not previously contemplated in the EIR. This item will be forwarded to the City Council for final action. Page 7 of 10 1 • � 0 0 Q j I r � '•r.� `. S t APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mike Smith, Senior Planner, gave the staff report and PowerPoint presentation (copy on file). Flick Ghirelli, Assistant City Attorney noted an option of a second. 3-year extension if 1600 units are built. Chairman Oaxaca opened the public hearing. Bill Kennedy, representing the Lewis Development/SC Rancho Development Corp and Empire Lakes Holding Company, LLC said it has been about 2 years since the initial approval of the specific plan. He said they are happy with the agreement and accept the teams and conditions and asked for the Conunissiorn recommendation. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, dosed the public hearing. Commissioner Macias said it is a great project and he understands the agreement. Commissioner Wimberly concurred and offered a second. Commissioner Guglielmo had no additional comment. Commissioner concurred and said he fully supports it. Chairman Oaxaca agreed. Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Resolution Recommending Approval by the City Council for Development Acreement DRC2015-00118, F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER-AGENCY UPDATES: Commissioner Munoz reported he and CornmissionerGuglielmo attended a successful training in Monterey. He said he is pleased that the City of Rancho Cucamonga helps to train hundreds of commissioners across the state. Chairman Oaxaca noted it was time well spent and thanked the City and staff for their support of the Commission. Page 8 of 10 -.N-12% • APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: None G. ADJOURNMENT 8:10 PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on • April 5, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 4S Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION . The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply Page 9 of 10 APRIL 11 , 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. • Page 10 of 10