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HomeMy WebLinkAbout2018/03/14 - Minutes - PC-HPC } MARCH 14, 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 Pledge of Allegiance 7:00 P.M. Roll Call: Chairman Oaxaca A Vice Chairman Macias X Commissioner Guglielmo X Commissioner Munoz _X_ • Commissioner Wimberly _X_ Additional Staff Present: Candyce Burnett, City Planner, Nick Ghirelli, Assistant City Attorney, Tom Grahn, Associate Planner; Donald Granger, Senior Planner, Albert Espinoza, Asst. City Engineer, Jennifer Nakamura, Associate Planner, Lois Schrader, Planning Commission Secretary. Tabe van der Zwaag, Associate Planner, Jana Cook, Community Improvement Manager 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 9 Of • CUCAMONGA MARCH 14, 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 February 28, 2018 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of February 28, 2018 Moved by Wimberly, seconded by Munoz, carried 4-0-1 (Oaxaca absent) 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. TIME EXTENSION DRC2018-00054 —SUSAN ETCHEBERRIA—A request to allow for a one (1) year time extension of a previously approved 7 lot Tentative Tract Map (SUBTT18210) on 4.89 acres of land in the Very Low (VL) District (1-2 dwelling units per acre) of the Etiwanda Specific Plan on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; APN: 0225-171-04. On March 28, 2007, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Tract Map SUBTT18210. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to the projects within the scope olthe previous Mitigated Negative Declaration. Tabe van der Zwaag, Associate Planner; gave the staff report and PowerPoint presentation (copy on file). He noted the applicant offered regrets as she was unable to attend the meeting Vice Chairman Macias opened the public hearing and seeing and hearing no comment, closed the public hearing. Moved by Munoz, seconded by Wimberly, carried 4-0-1(Oaxaca absent) to adopt the • Resolution approving Time Extension DRC2018-00054. Page 2 of 9 v r� ^l (t i r MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D2. MUNICIPAL CODE AMENDMENT DRC2018-00187 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17 of the Municipal Code to enact requirements and standards for the development of wireless communication facilities within 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 section 15601(b)(3). This item will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner, gave the report and PowerPoint presentation (copy on file). • Commissioner Munoz commented on how this allows staff to coordinate with the fiber optic master plan. He offered suggestions mentioned at the League for Cities that could be in a future ordinance such as setting timefrarnes on leases and/or having annual renewals. He asked if the terms of approval would be indefinite and if we could consider an equipment attachment fee. He asked if the leases would be adjustable and if they have liability and performance measures and/or security deposits. He asked if we can negotiate other forms of exchange to benefit the city. Ms Nakamura said many of these items are covered in negotiated leases with the carriers and they have timeframes with length of terms, rents and maximurn lease periods. Nick Ghieretii, Assistant City Attorney has the City currently holds the option to extend as the maximum term is currently 10 years. Ms. Nakarnura noted that each lease is individually negotiated. She said performance standards are covered under the MDR permit so that compatibility and location can be addressed and if violations are not addressed. the leases can be revoked if necessary. Commissioner Munoz said this technology is completely different than anything before as it will require 100s or 1000s of these small cells to give coverage to the whole City. He asked if these should be conditioned to prevent them from being put in front of businesses/residences. He said we may want to look at this again in the future to see what can we do to make the ordinance the best. • Ms Nakamura agreed and said when we are looking at wooden poles and independent sites we should look at additional siting requirements with residential buffers but the ones on streetlights we have greater control over size, location: scale, took and feel of those. She noted Page 3 of 9 v v • � ;a' MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA that the City as the property owner has more power to control. She agreed that we need to continue this discussion about leases. She said each lease morphs-and we learn going forward. We will continue to dialogue. Commissioner Munoz said the League has created and participates on a new telecommunications committee and he will share information as he receives it. Commissioner Guglielrno asked how cables for the cell sites get to these poles. Ms. Nakamura said they have power and conduit encased inside or attached to the poles. We • do flat a rate chargeback for the power they use which they get from the pole. Albert Espinoza said if the site can't handle all the new conduits, then we can require them to put hr a new streetlight so it can handle the new conduit. He said we are taking a look at other options including solar. We are looking at the aesthetics of those. Commissioner Gurglielmo asked if all of the site equipment encapsulated on the pole. Ms Nakamura said these typically do not have standard shelters like the other larger facilities you see-they are fully encased. For,a larger site she said we try to get them to underground their cable and if that is not feasible, they have to pay for permits-they will have to get an encroachment/construction permit if they have to open up streets and sidewalks. If they are already opened up the street or sidewalk then we will also put in fiber network at the same time while it is open. Commissioner Macias noted there will always be exceptions to the rule. Vice Chairman Macias opened the public hearing and seeing and hearing no further comment, closed the public hearing. Commissioner Wimberly noted it was an outstanding report. Moved by Wimberly, seconded by Guglielmo, carried 4-0-1 (Oaxaca absent) to adopt the Resolution recommending approval of Municipal Code Amendment DRC2018-00187 to be • forwarded to the City Council for final action. Page 4 of 9 MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D3. 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(6)(3) and 15305. This item will be forwarded to the City Council for final action. Jana Cook, Community Improvement Manager gave the report and PowerPoint presentation (copy on file). She noted in her presentation that staff is requesting a continuance to allow • time for stakeholder groups to further study the information and for staff to formulate any additional changes. She asked for a continuance to March 28`". Commissioner Wimberly asked if this pertains to a 60-day period prior to an event -does that include an election referencing political signs. Ms Cook said the regulations are content neutral. so it could be any kind of sign political or otherwise. It can be up a total of 60 days. Commissioner Munoz said signs are typically discusser)prior to every election-this is the third time in twelve years. He asked what is driving force this review now as we have dealt with this in the past; the issues are the same-not changed much. We care about the realtors and have a concern they may have to jump through more hoops. He asked why has the situation not changed. He thought bad enforcement might be the problem because without enforcement the behavior won't change. He said this ordinance may make the job more impossible. He asked why don't we leave it alone until we have a real problem. He said we don't have the staff to enforce it and he expressed concern about impinging on politicians and small business owners. Ms Cook said she disagreed about the problem-as it does exist. She said the last political season we had sorne bad traffic issues created by those signs. She said she has been working for 18 months on the ordinance - long before the onset of the political season. Commissioner Munoz said we have many more officers than we have staff in Community • Improvement and we really don't have the staff to enforce this. This issue has been with us for many year's and we just acknowledge the presence of political signs not do we want to infringe on the livelihood of reallor's. Page 5 of 9 r MARCH 14, 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 said part of the driver for many cities is because of a supreme court decision in 2015. He said sign regulations targeted at certain types of signs was not content neutral if it created exceptions as a general rule. There is concern about overall enforcement of the sign ordinance in light of court's decision. He said the policy issue is there is no magic in the number of signs. Commissioner Munoz said if that is the driver the report did not make that clear He said he understands we may have some liability if we do riot act but wondered if we can manage this. Ms. Cook said from an enforcement perspective right now we can do nothing but after this is • put in place we will have tools to go after the most egregious violators-some action can be taken. She said she does not expect 100% compliance. Commissioner Guglielmo said it still seems confusing. There will be staff or volunteers picking up signs. What if sorneone takes someone else's sign clown. Mr. Ghirelli said that would be criminal theft. Ms. Cook said anyone can volunteer to help removed signs they need only go through the screening process of our HR department. Commissioner Guglielmos asked how do folks find their signs if they are removed. Ms. Cook said they can be picked up at the City Yard they will be held for 30 clays at that one location. Vice Chairman Macias opened the public hearing. Sill Rue of the Citrus Valley Association of Realtors thanked Ms. Cook and Mr. Espinoza for taking extensive tirne to explain the proposed ordinance. He said they understand it and seem happy with it. He said they actually get more signs with this and also a clear time-a 12-hour period. The brokers said the clarity of the ordinance is good. He said they understand the triangulation issue of signs on corners. He said he also did outreach and let members know to not place signs in ADA access areas. He said no other input has been received from their . members. Page 6 of 9 %„s?K MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz asked how do we manage local businesses that put signs in public property without a permit and continue to do so. Ms. Cook said with temporary installations right rnow there is no enforcement because we don't have a law that allows us to. Commissioner Munoz asked if we can condition this so we acknowledge the Supreme Court decision and we are going to take action. • Mr: Ghirelli said our current ordinance violates the decision. A risk of a lawsuit against the City is low risk. The other option is to not allow signs in the public right of way at all or reduce the number. He said he thinks the best practice is to have content neutral ordinance for enforcement and city liability purposes. Vice Chairman Macias said he understands why we should do this. We will always have a manpower issue to manage this and legitimate concerns need to be taken back and considered.. Ms. Cook confirmed the recommendation is to continue the public hearing to March 28". Mr. Ghirelli suggested he reopen the public hearing. Moved by Wimberly. seconded by Guglielmo carried 4-0-1 (Oaxaca absent) to continue the public hearing to the March 28, 2018 meeting. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER-AGENCY UPDATES: None • COMMISSION ANNOUNCEMENTS: None G. ADJOURNMENT Page 7 of 9 MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 8:05 P.M. 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 March 8, 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 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 i• opportunity to speak under this section prior to the end of the agenda. Page 8 of 9 e e • �,` ' v� S MARCH 14, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to 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 9 of 9