No preview available
HomeMy WebLinkAbout2010/11/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA • PLANNING COMMISSION MINUTES Regular Meeting November 10, 2010 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:08 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Francisco Oaxaca, ABSENT: Ray Wimberly SSTAFF PRESENT: Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Dan James, Senior Civil Engineer; Jennifer Nakamura, Associate Planner; Lois Schrader, Planning Commission Secretary; Mike Smith, Associate Planner; James Troyer, Planning Director; Tabe Van der Zwaag, Associate Planner ANNOUNCEMENTS No announcements were made at this time. APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Oaxaca, carried 4-0-1 (Wimberly absent),to approve the minutes of October 27, 2010. CONSENT CALENDAR A. RESOLUTION OF APPROVAL FOR VARIANCE DRC2009-00863 - PETE BABCOCK - Approval of the resolution prepared at the direction of the Planning Commission at their meeting of October 27, 2010, granting the Variance request for a storage structure built without a permit, located within the Very Low Residential District at 5753 Indigo Avenue - APN: 1043-121-10. The project consists of reducing the required side yard setback by 5 feet and qualifies as a Class 5 exemption under State CEQA Guidelines Section 15305. Motion: Moved by Fletcher, seconded by Howdyshell, to adopt the Resolution of Approval for Variance DRC2009-00863 as presented by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: NONE ABSENT: WIMBERLY - carried • PUBLIC HEARINGS Chairman Munoz abstained from hearing Items B and C because of a possible conflict of interest as he is employed in the communications industry. He left the Council Chambers at 7:10 p.m. B. CONDITIONAL USE PERMIT DRC2009-00762 - T-MOBILE WEST CORPORATION - A request to increase the height of a free standing cross tower from 40.5 feet to 50.5 feet in order to add a second wireless communication facility (collocate) for a site located adjacent to an existing church at the northwest corner of 19th Street and Beryl Street in the Medium (M). Residential District at 9090 19th Street -APN: 0201-221-08. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 3 (CEQA Guidelines Section 15303) exemption which covers the installation of small new equipment and facilities in small structures. Tabe van der Zwaag, Associate Planner, presented the staff report. Commissioner Fletcher asked-how many carriers are on the cross now and what controls does the City have in place regarding the height limits. Mr. van der Zwaag said this is the second carrier and in order for it to operate properly, height needs to be added for a separation between each. He said the next carrier would also have to come before the Commission to ask for more height. He said the Commission can state what they believe is too high. Vice Chairman Howdyshell asked if there is a standard for height limits. Mr. van der Zwaag responded that is true. • Commissioner Fletcher asked if we are restricted by State regulations in making these determinations. Steven Flower, Assistant City Attorney, said this would not occur under State regulations but theoretically under Federal law. He said they cannot prevent a carrier from filling a gap in their local coverage. He said if the City prevented a carrier from doing this because of a height limit, then it could possibly apply, but this is not the case with this application and he could not recall a case where it did happen. Vice Chairman Howdyshell invited the applicant to comment. Aaron Anderson, representing T-Mobile, One Venture, Suite 200, Irvine, said they need to fill the gap in coverage in the area and to cover the 210 Freeway. He said they worked with staff on the aesthetics to blend with the surrounding area. He said a 10 foot separation is to avoid interference with other carriers. He explained that the cross is made of an FRP material and transmissions can penetrate this material. Vice Chairman Howdyshell was glad to see that it is not just a plain tower seen from the freeway. She opened the public hearing. Seeing and hearing no comment, she closed the public hearing. 1 Planning Commission Minutes -2- November 10, 2010 Motion: Moved by Fletcher, seconded by Oaxaca, (3-0-1-1)to adopt the Resolution of Approval for DRC2009-00762 as presented by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA NOES: NONE ABSENT: WIMBERLY ABSTAIN: MUNOZ - carried wR * * xw C. CONDITIONAL USE PERMIT DRC2010-00686 - AT&T - Collocation of a Wireless Communications Facility consisting of 12 antennas and 1 microwave dish on an existing 60 foot monopine wireless communications facility in the Hillside Residential District, located at City Fire Station #175, 11108 Banyan Street - APN: 0201-191-28. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities) Jennifer Nakamura,Associate Planner, presented the staff report. She reported that she received a fax from one neighbor about a perceived hazard from electrical radiation. She said staff responded to their concern and explained that the FCC governs these standards and the carriers must operate within those set standards. She said the FCC determines the acceptable levels. Vice Chairman Howdyshell invited the applicant to comment. Beth Broussard, Trillium Consulting, 5912 Boise Avenue, Suite 202, Huntington Beach. She said they try to keep the aesthetics as is in that they are not increasing the height and their enclosure is similar to the existing one. Vice Chairman Howdyshell opened the public hearing. Seeing and hearing no comment, she closed the public hearing. Motion: Moved by Oaxaca, seconded by Fletcher(3-0-1-1),to adopt the Resolution of Approval for DRC2010-000686 as presented by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA NOES: NONE ABSENT: WIMBERLY ABSTAIN: MUNOZ - carried Chairman Munoz returned to the Council Chambers at 7:23 p.m. D. NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00728-ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS -A request to provide a full service restaurant and bar with entertainment in the Industrial Park District(Subarea 7), located at 8106 Milliken Avenue - APN: 0229-012-57. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Related File: Entertainment Permit DRC2010-00729. Planning Commission Minutes -3- November 10, 2010 E. ENTERTAINMENT PERMIT DRC2010-00729 - ELIAS MEDINA ON BEHALF OF ZENDEJAS MEXICAN GRILL AND SPIRITS -A request to provide entertainment in conjunction with the operation of a full service restaurant with a bar in the Industrial Park District(Subarea 7)located at 8106 Milliken Avenue. APN 0229-012-57. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Related File: Non-Construction Conditional Use Permit DRC2010-00728. Jennifer Nakamura, Associate Planner, presented the staff report. She said staff met with and discussed the perceived issues with the applicants. She said the City of Chino reported that they do not have issues with the Zendejas location in Chino. She said she also contacted the ABC and they do not have any enforcement issues at their Chino location either. Commissioner Fletcher asked for clarification on the entertainment regulations regarding the number of performers. Ms. Nakamura said our code currently allows a solo piano player, or harpist without an Entertainment Permit. Steven Flower, Assistant City Attorney noted that Condition #4 on page D & E -25 should be amended to indicate that if the business is sold then the new owner would have to apply for a new Entertainment Permit. Ms. Nakamura agreed the modified condition makes sense. Jose Zendejas, 13932 View Ridge Ct, Chino Hills said his establishment is 100%family dining,with sports on TVs in the bar area and the patio. Chairman Munoz opened the public hearing. Ed Dietl asked if this is a chain or a family owned restaurant. He asked if the owners are the same as the application that was brought forward 2 months ago. Ms Nakamura said they are the same family, but various family members have each taken their own way. She said they have different restaurants around the Inland Empire. She said the one on Foothill is owned by a relative and operated separately from this one. Chairman Munoz closed the public hearing. Vice Chairman Howdyshell said she is pleased to see this in that it fills a vacant building and creates jobs. She said it is a complete staff report that addressed the previous concerns, the exhibits are precise, there is a good security report, and it is outlined nicely. She complimented the owners for opening the establishment in challenging economic times and she said she hopes the City supports it. Commissioner Oaxaca agreed. He said it is nice to see them expand the family operation, and he has had questions from some residents about when they are opening. He wished them success. Commissioner Fletcher said it is a straightforward request and that he is happy to see someone in this beautiful building. He said he is hopeful it will be a nice dining place with more affordable prices than before. Chairman Munoz agreed. He admonished the applicants to be familiar with this document and to be sure to understand the conditions. He said if the Entertainment Permit is not adhered to,they could Planning Commission Minutes -4- November 10, 2010 be brought back before the Commission. He wished them luck and noted that it is an architecturally beautiful building. Motion: Moved by Fletcher, seconded by Howdyshell (4-0-1), to adopt the Resolutions of Approval for Conditional Use Permit DRC2010-00728 and Entertainment permit DRC2010-00729 with the amended condition #4. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: NONE ABSENT: WIMBERLY - carried k R f * F. TRAIL ABANDONMENT DRC2009-00848 - A request to abandon two portions of a Local Feeder Trail that lead from the trail between residences onto Ranch Gate Road in the Very Low Residential District. The two portions of trail are between 5272 & 5278 Ranch Gate Road and . one completely on the south side of 5340 Ranch Gate Road-APN: 1061-021-02; 1061-021-03; 1061-031-04. This project is categorically exempt from the requirement of the California • Environmental Quality Act(CEQA)pursuant to State CEQA Guidelines Section 15305(Class 5 Exemption - minor alterations in land use limitations). This item will be forwarded to the City Council for final action. Steve.Fowler,Assistant Planner, presented the staff report and displayed overhead photos. He said this is the first time all residents approved a vacation of a trail in 30 years. He mentioned one correction on Page F-22. He said the discussion of Exhibit A-should be the resolution and not the map as indicated in the packet. Steven Flower,Assistant City Attorney clarified that Exhibit A would be the attached draft resolution for Council approval. Commissioner Fletcher asked what the original easements were for because they do not appear to connect with anything. He asked how we built houses on those easements. • Mr. Fowler said the homes were built when it was under the County's authority. Commissioner Oaxaca asked if progress has been made towards ironing out any issues with County Flood Control with respect to the improvements and opening the trail exit at the north end of the trail. Mr. Fowler said that is correct. Vice Chairman Howdyshell said that the Trails Advisory Committee (TAC) has an emphasis on connectivity. She said that there are some things with plans in place that are on a 5-6 year plan because of budgets and depending on the level of design needed. She said being on the TAC, linkages are important and the connection with Sapphire was really important. She said this proposal is important in recognizing what is already in place. Chairman Munoz asked who will fund the improvements at the north end. Mr. Fowler responded that the residents will be making a deposit, and the City will construct the improvements. Chairman Munoz invited the applicants to comment. • Planning Commission Minutes -5- November 10, 2010 Dave Fajarda, 5340 Ranch Gate Road, said this project will help maintain the existing fencing and security and would also open it up for City residents to enjoy the trail and therefore is a win-win for • all. Patricia Jackson said she lives at 5272 Ranch Gate Road at the top of hill. She said she does not accept this proposal. She said she wants the easement closed due to safety concerns and allows people on their property near their front window. She said the open ended dollar amount for the • deposit does not give a final amount and opens up liability for the property owners to defend any actions and City costs. Jack Jackson said when he bought the house, 3 other properties were sold, and one was occupied. He said the neighbors knew of this easement and they were told that if it was not used then it would eventually be abandoned. He said he is primarily concerned about safety, canyon access and related parking. He said there are other obstructions in easements such as driveways, telephone, Edison lines, cable etc., in-ground boxes that are not safe for the weight of horses. He said he wanted the extension to Ranch Gate eliminated. He said he wants the liabilities clarified because they were told they would need a million dollar policy for liability. He said the current gravel improvements are not a proper horse trail. He said there is nothing that defines what improvements will be made. He said he would like to know if utility boxes have to be removed and if so, who will remove them. He reiterated that the property is not the big issue; his concerns focus on security, privacy, traffic and costs. Chairman Munoz asked if there is a problem today with people parking in the cul-de-sac. Mr. Jackson said they are not parking on his cul-de-sac but they are parking at the south end of the tract and down into the canyon. He noted the canyon is sometimes used for paintball. He said that most of the traffic is at the bottom of Ranch Gate Road. Mrs. Jackson noted that sometimes people park to the side of their house in the middle of the night and cars are broken into. Chairman Munoz opened the public hearing. Jim Glascot, 5452 Ranch Gate Road concurred with the Jacksons because there are security issues and there is no need to continue the trail. He said it will cause security risks and it gives a free trail behind their homes opening a liability issue. He said it should remain a dead end. Chairman Munoz asked if they have a trail now. Mr. Glascot said it ends now. He said people walk there now, but because it dead ends, they have to come back down the same way they went up. He said if they open it up, people can drive there and will dump and run. He said he can ride his horse fine the way it is now. Chairman Munoz noted that rails can prevent vehicles from accessing the trail. He asked if he would be opposed to that. Mr. Glascot said he did not oppose that option. Vice Chairman Howdyshell noted that at the Hillside opening there is an opening to the easement with no fencing or rails. Mr. Glascot said it is more like fire break. Vice Chairman Howdyshell said they need a railing so it is not open ended. Planning Commission Minutes -6- November 10, 2010 Mr. Glascot said if they open it up behind those homes,they need some type of blockade because they have had issues already of dumping and this would just make it easier for them to dump behind their homes. David Gunther, 5302 Ranch Gate Road, said all of this is true however,there are some walkers and some horses and he knows people dump trash. He said he is against the gateway at the lower end of the trail because everyone now has some form of vehicular/RV access. He said he does not want that access blocked. He said he wants the easements between the homes to stay as they are. He said he did not see how opening the gates to the County Flood Control should cost ten thousand dollars. He said they should leave it all as it is. He said the residents police it themselves. Chairman Munoz closed the public hearing and asked staff to clarify the ten thousand dollar bond. Steve Fowler noted that the ten thousand dollar bond is an Engineering condition. He said this is an initial fee, and it may not cost that but they are not sure of the price for improvements. Dan James, Senior Engineer, said they are not committed to this price. He said the Capital Improvement design team looked at it and they also have had discussions with County Flood Control. He said they are open to opening the trail and from past experience it appears they would only have to remove the chain link fencing and install horse gates. He said this would not be open to vehicles; similar to what is on Turquoise now. He said they feel a minimum amount of work would need to be done but County Flood Control will not consider it until we submit plans. He said this is why the cost is open ended because they could come up with something new. He said staff honestly feels it will be less, but things are uncertain. Chairman Munoz asked about the concern of access for an RV or vehicles. He asked if there is anyway to mitigate this. • Mr. James said that to the south they would need to block off the trail because there will be a horse gate access at the north end. He said there would not be access for outside vehicles but at the south end it could be left as it is now which would still allow those property owners to deliver hay, access RV's, etc.. He added that there is no intent to change the property easement between the neighbors' homes. Vice Chairman Howdyshell asked if there is a timeline for the permit process. Mr. James said from the time of the deposit, they should have a more realistic number in 3 months time. Commissioner Fletcher asked if the proposed action has any ties to bonds. Steve Flower,Assistant City Attorney, said the funds described are not a bond, it is a cash deposit. He said the City has property rights and therefore has the authority to negotiate the conditions on the abandonment/seceding of the property to ensure the City's interests are maintained while giving up the property interests. Commissioner Fletcher asked if the trail to the rear of the homes is a Community Trail and if there would be a problem in gating the south access and giving access to the gate to the property owners. Mr. James said it is private trail and staff would not object to them gating that trail and giving the owners keys. Mr. James explained that he (Mr. Jackson) thought it would be wide open access. Mr. James said there will be pipe gates and posts to let horses through but not vehicles. Planning Commission Minutes -7- November 10, 2010 Commissioner Fletcher asked if they could take action on the abandonment of these two easements and let staff work with them on the other issue of the other trail. Chairman Munoz confirmed that the City will only abandon the easement if there is another alternative provided to complete the trail. Mr. Flower noted that final action is taken by the City Council and the action of the Commission is to make a recommendation. He said that with respect to the question about the indemnification requirement; standard language was used that is consistent for any application to the City. He said that if the action is challenged and if the applicants want to avoid costs, then they could abandon application. Chairman Munoz clarified that the application is for the vacation of 2 easements and if City deems it necessary to continue north to an existing trail. Commissioner Fletcher stated that these easements have been ignored by everyone and there is not much reason to keep them. He said he favors abandonment. He said there are lots of problems with them and the request should be granted. He said the issue of expense can be hashed out before the Council meeting. Commissioner Oaxaca concurred mostly. He said currently,the easements are largely ignored,and we need to try to fix that; they need to be abandoned. He said with respect to the issues regarding security,we do not want to open a single-lane highway just to control access. He said the residents can maintain their access but not for other full sized vehicles. He said with respect to the costs, the resolution indicates almost signing a blank check although staff assures that it will likely be less. He said he would like to see an intermediate step/lower amount until we get a more concrete estimate to present to the residents. He said he agrees with Mr. Flower in that the City is giving up property rights and so it is reasonable to expect a partnership. He said he would like to see a reasonable estimate for the residents. Vice Chairman Howdyshell also concurred regarding the abandonment request. She said security is key and agreed that a reasonable estimate is needed. Chairman Munoz said ditto to all. He said he is concerned about the costs to the residents. He agreed with Commissioner Oaxaca regarding the quid pro quo about property rights of the City. He said he is also a member of the Trails Advisory Committee and they represent a large segment of the community. He said equestrians expect access through these trails. He said he did not know that closing the trail down would make the resdients any safer. He said kids are always going up streets and into the canyons. He said the property owners will be dependent on their neighbors and police to help police this. He said he is concerned about their costs and agreed that perhaps they could direct staff to look at interim measures to get a better estimate. He said he fully supports the abandonment request. James Troyer, Planning Director said that the ten thousand dollar figure can be lowered in the resolution, but the Flood Control District costs could be more and if that happens, the project would stop until we got more money on deposit. Chairman Munoz said that once we are in negotiations with Flood Control, the outcome could exceed that amount. Mr. Flower said that if it is lowered to five thousand dollars and then work begins, and the money is exhausted, then the condition of approval would not be met, but ultimately the trail would not be vacated. He said the City could pick up the rest of the costs, but there is no guarantee that the City will have funds for this. Planning Commission Minutes -8- November 10, 2010 Vice Chairman Howdyshell said it is perplexing, as she does not want to give them a blank check. Commissioner Oaxaca said the homeowners need this to make economic sense. Commissioner Oaxaca said the homeowners would oppose this if the cost is excessive. He said he would like a two step process and ask the City to identify costs to at least cover staffs costs to develop plans for the Flood Control District and then the residents can decide to proceed if the costs are beyond that. Mr. Flower noted that this application complies with the Trail Implementation Plan. He said the plan directed them to first take this to the TAC and then have a public hearing with a recommendation for the Council. He said the Commission can continue the item and ask staff to work on it towards a possible solution. He said there is no time trigger, and no deadline. Chairman Munoz asked if staff needs this recommendation before starting the process or can it be done in lieu of the recommendation to Council. Mr. James said that funding is tight, and this project would not be from general funds. He said the Capital Improvement design group looked at it and they came up with the ten thousand dollar deposit figure. He said he can't authorize funds for staff to do this project without City Council approval. He noted that the Trails Committee meets on the priority level of their projects. He said they could lower the figure, but if it is more then we would have to go back to the residents for more. Chairman Munoz asked it would be feasible to give staff an amount just for staff to look at this. Mr. Flower questioned that it would not meet the condition if that occurred. Mr. James said he did not know what the cost of the permit is but he could arrange for a meeting with the Capital Improvements section head before they make the deposit. He said the intent of the . I dollar value is to get a realistic commitment from the property owners. Commissioner Fletcher said the trail improvements are basically in exchange for the easements. He asked about the encroaching utilities on the existing easements. Mr. James noted that some of the utilities appear to be on the public parkway along the curb. Chairman Munoz reopened the public hearing. Vice Chairman Howdyshell asked if there are funds on deposit, they would need to know what the residents are willing to do. She said they would need a collective decision. Mr.Troyer advised the item be continued to the December 8, 2010 meeting date because there are too many unresolved issues to go to Council. He suggested we work with the residents and Engineering and contact the Flood Control District regarding their costs. Commissioner Fletcher noted that he did not hear if the residents are concerned about opening the north end of the trail. He said they may still want to block community access to south side. He asked if they could consider a lower dollar amount. Mr. Troyer said that will be part of staffs review. Chairman Munoz concurred and said he wants staff to consider the equestrian community and they need to weigh in. I Motion: Moved by Oaxaca, seconded by Fletcher,to continue the item for the Trail Abandonment DRC2009-00848 to the December 8, 2010 meeting (4-0-1). Motion carried by the following vote: Planning Commission Minutes -9- November 10, 2010 AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: NONE ABSENT: WIMBERLY - carried G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18391 - LAND DEVELOPMENT DESIGN CORPORATION FOR AMIN KHAN - A request to subdivide a property comprised of 3 parcels into 6 parcels in the Low(L) Residential District located about 200 feet south of Wilson Avenue on the east side of Winchester Court-APNs: 0201-182-36,- 37, and-38. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith, Associate Planner, presented the staff report. He said no comments were received regarding the noticing of the project. Chairman Munoz asked about the mitigations for dust. Mr. Smith said that every project this size requires mitigations for dust. Chairman Munoz invited the applicant to comment. Kevin Richer, 2313 E Philadelphia, Ontario, said he represents theapplicant, they have no objections, and they agree to the conditions. Chairman Munoz opened the public hearing. Vartan Petrosian, 15285 Jerome Avenue, Fontana, said he owns property to the north of this project and he was not aware of this proposal until recently. He said this project would only allow him to develop 3 lots instead of 4. He asked if there is anyway this project can be pushed to south to allow him to have 4 lots. Commissioner Fletcher asked how this tract specifically affects him. Mr. Petrosian said he is short about 10-15 feet. He said when he bought the property he was told he could get 4 lots out of it and the layout of this project prevents that. He said he thought that where one street ended on the opposite side of the road, a new street would begin on his side of the road and therefore he thought he could configure 4 lots. He referenced an overhead map of the area. Mr. Richer stated that he did meet with Mr. Petrosian and they came up with a configuration that allowed for two access points. He said his lot may have enough square footage but there are other factors that would come into play. He said they only came up with 3 lots. He said Mr. Amin might look at a lot line adjustment, but it may take more than the 20 feet noted by Mr. Petrosian. He said they might need 30-40 feet and that might affect their own project setbacks. Steven Flower, Assistant City Attorney, said it is purely a matter between these parties. He said there are no grounds to continue this application at this point even if the Planning Commission finds a suitable subdivision as his objection is outside of this review of this application before the Commission. James Troyer, Planning Director, agreed that it is a moot point. Mr. Flower added that an approval of the project does not preclude them from negotiating. Planning Commission Minutes -10- November 10, 2010 Vice Chairman Howdyshell said she-never heard of this type of reference made to symmetry from one side of the street to the other. Mr. Flower said that representations made to Mr. Petrosian by a seller that sold him the property are not our concern. Mr. Richer said he has-no objections to further negotiations with Mr. Petrosian as long as it is in conformance with the final map. Chairman Munoz closed the public hearing. Commissioner Fletcher said it is a simple, standard application and there are no issues to hash out. He offered his support of the project. Vice Chairman Howdyshell said she is pleased the tract map is in place to complete the street. Chairman Munoz agreed that it is a straightforward, standard application and offered his support. Motion: Moved by Howdyshell, seconded by Fletcher, to adopt the Resolution of Approval for Tentative Tract Map SUBTT18391 (4-0-1) as presented by staff with the adoption of a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: NONE ABSENT: WIMBERLY - carried . . . . . H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00551 - DCT 8TH&VINEYARD, LLC-A proposal to develop an industrial/warehouse complex comprised of 12 buildings and 12 parcels on a triangular shaped property of approximately 904,000 square feet(20.7 acres) in the General Industrial (GI) District, Subarea 3 located about 640 feet west of Hellman Avenue at the south side of 8th Street and the south and north sides of 7th Street; APNs: 0209-151-27, 0209-1'51-37, and 0209-161-24. Related files: Tentative Parcel Map SUBTPM18794, Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008- 00681. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUED FROM OCTOBER 13, 2010 I. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18794 - DCT 8TH &VINEYARD, LLC-A proposal to subdivide a property comprised of three(3)parcels with a combined area of approximately 904,000 square feet(20.7 acres) into twelve (12) parcels in. conjunction with the development of an industrial/warehouse complex comprised of 12 buildings in the General Industrial (GI) District, Subarea 3 located at the south side of 8th Street about 640 feet west of Hellman Avenue;APNs: 0209-151-27, 0209-151-37,and 0209-161-24. Related files: Development Review DRC2007-00551; Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008-00681. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUED FROM OCTOBER 13, 2010 Mike Smith, Associate Planner, presented the staff report. Commissioner Fletcher asked where the electrical lines and if they are already undergrounded. Dan James, Senior Civil Engineer, said there are no overhead electrical lines and he is not aware of where they are. • Planning Commission Minutes -11- November 10, 2010 Chairman Munoz noted that the public hearing remained open from the October 13, 2010 meeting. He asked the applicant if he would like to comment. Dan Floriani, on behalf of DCT stated that they believe they had a good resolution to the concerns raised at the last meeting. He said they plan to pull electrical power off of Hellman Avenue and this is in their plans. Chairman Munoz asked if they agree to all the conditions. Mr. Floriani said they have no further issues on the conditions. He said the revised condition leaves some leeway with Engineering and they agree with the conditions and they are comfortable in moving forward. Chairman Munoz closed the public hearing. Vice Chairman Howdyshell said she is pleased to see the outcome and glad for the 2ntl review. She noted that it was a good report. Commissioner Oaxaca agreed and said we have history with the applicant, and they also have a comfort level in working with staff and that there is some level of trust. He said he is heartened that they can move forward with a level of trust. Commissioner Fletcher said he is glad to see a positive solution to the issues. He commented about how undergrounding is less expensive when there are no electrical lines above. Chairman Munoz agreed and said we partnered with them. He said the project will be in their interest and enhance the City of Rancho Cucamonga. Motion: Moved by Fletcher, seconded by Howdyshell, to adopt the Resolutions of Approval for Development Review DRC2007-00551 and Tentative Parcel Map SUBTPM18794 (4-0-1)as presented by staff with the adoption of a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, NOES: NONE ABSENT: WIMBERLY - carried PUBLIC COMMENTS None COMMISSION BUSINESS/COMMENTS Vice Chairman Howdyshell thanked staff and noted they are working so hard and produced great reports., Commissioner Oaxaca agreed and said it is all about staff, they do their job well. He said he brags about our staff because they stand out. He mentioned that he asked Mr. Lam regarding bonds about property in the northern part of the City. He said they are Etiwanda School District bonds. He said we were unfairly painted in that situation because in this case, the District had not included a clause that would cover the situation we had where the developer changed the size of the house product. He said this helped him understand the situation. Planning Commission Minutes -12- November 10, 2010 * * * * * ADJOURNMENT ' Motion: Moved by Howdyshell, seconded by Oaxaca, carried 4-0-1 (Wimberly absent),to adjourn. The Planning Commission adjourned at 9:15p.m. Re cttully submitted James R. Troyer, AICP Secretary Approved: December 8, 2010 1 Planning Commission Minutes -13- November 10, 2010