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HomeMy WebLinkAbout2010/03/24 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting March 24, 2010 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:23 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, Lou Munoz, Francisco Oaxaca ABSENT: Frances Howdyshell, Ray Wimberly STAFF PRESENT: Adam Collier, Planning Technician; Steven Flower, Assistant City Attorney; Steve Fowler, Assistant Planner; Donald Granger, Senior Planner; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director . . . . . ANNOUNCEMENTS None . . . . . APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Oaxaca, carried 3-0-2 (Howdyshell, Wimberly absent), to approve the minutes of March 10, 2010. . . . . . PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2009- 00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4(General Industrial District)and Subarea 6(Industrial Park District), adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. Staff has prepared a Negative Declaration of environmental impacts for consideration. Donald Granger, Senior Planner, gave the staff report and PowerPoint presentation. Vice Chairman Munoz asked if a zone for this use is required. Steven Flower, Assistant City Attorney, reported that there is no requirement for that but the City Council desires to find an appropriate place for this type of use. Vice Chairman Munoz asked if it is illegal to not provide an area where this type of use could go in. Mr. Flower said that is correct. Chairman Fletcher asked how many businesses are located in Subarea 14. Mr. Granger said that he did not have a total count, that would require GIS to research that, however, he did pound the pavement and talked to business owners in the area. Chairman Fletcher asked if most of the businesses located in that area are owner occupied or if they are leased spaces. Mr. Granger reported there is a mix and he did not get a sense one way or the other with respect to a majority being owners or lessees. Chairman Fletcher confirmed that only one business owner that Mr. Granger spoke to objected to the idea of the possibility of a crematory being located in that area. Mr. Granger said that is correct; that most business owners were open but cautious and that their main concern was that they wanted a clean operation with minimal signage and they did want to learn about it. He said after speaking with them, they seemed ok with it. Chairman Fletcher asked if funeral services are different than mortuary services. Mr. Granger said there is a difference and that the City Council directed staff to tighten up the definitions. He said they felt that in the Industrial Area, a crematorium would be appropriate, but a mortuary would not. He noted that mortuaries are allowed in other districts in the City, that the Industrial Area is not the right environment for memorial services. Chairman Fletcher asked in what other districts are mortuaries allowed. Mr. Granger responded, Residential districts with a CUP, Office Professional and General Commercial and Neighborhood Commercial. Vice Chairman Munoz asked if there are any funeral services in town. Mr. Granger confirmed there are none. Vice Chairman Munoz asked if only one business owner was totally opposed and the others were supportive or non-committal. Mr. Granger said the other businesses were not completely opposed; they were open but cautious; they wanted to learn and they said they could support it, and they are curious. He observed the business owners were ok but they were unsure about their client relationships. He said it was important for them to know that deliveries would be made in an unmarked van via a roll-up door in the rear. He noted that if the amendment was approved and if an application was brought forward, and a location was found,that a neighborhood meeting would likely be required and that the process would be taken in steps. Chairman Fletcher remarked that the CUP hearing would be good in that regard because it is a sensitive use and that it seems to be the right area for this. Planning Commission Minutes -2- March 24, 2010 Vice Chairman Munoz commented that this is just the change to the Development Code and that it does not make it a 'slam dunk'; there still is a CUP process that the applicants would have to go through. Mr. Granger acknowledged that is correct. Chairman Fletcher opened the public hearing and seeing and hearing none, closed the public hearing. Commissioner Oaxaca said it was a thorough report and he appreciated staff talking with the business owners and he noted that this particular use has suffered from misperceptions in the past. He said it is important for education, public outreach and communication to take place with staff and applicants. He said the modern crematory operation is clean (emissions) and can blend with other business uses. He said the report was well done. Vice Chairman Munoz concurred and thanked staff. He agreed that the area seems appropriate for all the reasons that staff pointed out. He noted that this use has changed over the last few decades, it is a matter of education as it is now a benign use. He recommended they forward the amendment to the City Council for approval. Chairman Fletcher commented that he believes the location is ideal for this use. He said the perception of the public and the adjacent businesses should be considered. He said often the perception is more important than the truth. He confirmed that a CUP and a hearing will be required and Subarea 14 is about as good a location as could be found. He mentioned concern about ovens for animals and humans but now he knows that State law requires separate ovens. He mentioned his past experience with a crematorium was that it is a low key business. Motion: Moved by Munoz,seconded by Oaxaca, to adopt the Resolution recommending approval of Development Code Amendment DRC2009-00691 to be forwarded to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, MUNOZ, OAXACA NOES: NONE ABSENT: HOWDYSHELL, WIMBERLY - carried James Troyer, Planning Director, thanked Mr. Granger for his extensive work on this subject and noted that he has worked with the City Council on this. NEW BUSINESS B. AMENDMENT TO DEVELOPMENT REVIEW-DRC2009-00413-STANTEC CONSULTING- COMERICA BANK - A request to alter the roof pitch due to technical issues and change the roof color of a previously approved 3,982 square foot retail bank with a drive-thru at an existing retail center within the Industrial Park District, Subarea 7, located at 12035 Foothill Boulevard: APN-0229-023-05. On January 24, 2007 a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM17518. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. Steve Fowler, Assistant Planner, presented the staff report. He noted that the item was previously approved by the DRC but that it was brought back because of a technical issue with the roof pitch and that a modification to the color of the roof tile was requested by the applicant. Planning Commission Minutes -3- March 24, 2010 Vice Chairman Munoz remarked that the applicant worked successfully with the DRC and staff and that they did a good job. He said they know that the City cares about the design and he commended the applicant for diligently working with us. He expressed delight about bringing new jobs and a new source of tax base for the City. He recommended they approve the changes. Commissioner Oaxaca concurred and commended the applicant for working with staff on the details to accommodate our standards. He noted that we can achieve all our goals and have a nice result in the form of compatible and attractive development that works in the area along this corridor-good job. Chairman Fletcher remarked that it is a good project, it is a new lender that is needed and an employer. He said he looks forward to seeing completion of the project. Motion: Moved by Oaxaca, seconded by Munoz, to adopt the Resolution of Approval for DRC2009-00413 as presented. Motion carried by the following vote: AYES: FLETCHER, MUNOZ, OAXACA, NOES: NONE ABSENT: HOWDYSHELL, WIMBERLY - carried DIRECTOR'S REPORTS C. REQUEST TO INITIATE THE REVIEW OF CONDITIONAL USE PERMIT—CUP99-43R-THE BEER MUG -A request to set a public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. Located within the Regional Related Commercial District, Subarea 4 of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite CI-CY-APN: 0229-031-33. Related file: Conditional Use Permit 97-30 and EP 97-03. Adam Collier, Planning Technician, reported that a memorandum was received from the Sheriffs Department with a request to initiate a review of the business operation and to set a hearing date to present their findings to the Commission. Chairman Fletcher noted that the request is to have a hearing so that the Commission can hear the facts. Steven Flower, Assistant City Attorney, remarked that it only requires a minute action of the Commission to authorize staff to open the examination of the business operation. Motion: Moved by Munoz, seconded by Oaxaca, to initiate the examination of the business operation for the Beer Mug CUP99-43R. Motion carried by the following vote: AYES: FLETCHER, MUNOZ, OAXACA NOES: NONE ABSENT: HOWDYSHELL, WIMBERLY - carried PUBLIC COMMENTS Mike McCarthy, co-owner of Omaha Jacks, thanked the Planning Commission for a fair and reasonable hearing. He said the Commission listened, asked pointed questions and looked at the proceedings. He thanked them for treating them with respect and in spite of the Entertainment Planning Commission Minutes -4- March 24, 2010 Permit being revoked, they made all the requested changes and have experienced no calls for service. He said business is down and they have had to let 15 employees go. He said they are a good, safe, fun place with good food. He said they had received some negative reactions from people because they thought they were being closed down. Ron VandenBroeke, co-owner of Omaha Jacks, also thanked the Commission. He said they recognized the seriousness of the report and therefore made the changes. He mentioned that they did not get their report as soon as they expected. He noted that they would be attending all the meetings and he indicated that they will get through the one year waiting period (before they can reapply). He said he was sorry to see the City Council did not take the Commission's recommendation. He reported that they have learned and are moving forward. He noted he and Mr. McCarthy have asked for copies of CUP's and Entertainment permits and that they expect these other businesses to be treated the same as the City Council treated them. He said they removed the DJ booth and the special lighting that same night and also removed the hours from the front door. He said their tax dollars are down 30-40% because of the negative publicity. He said he hoped everyone got to see the packet they prepared for the Council that evidenced what they are doing to promote their food. He remarked that although they were advertised to be a nightclub, it was never their goal to be a nightclub. He said they both sold homes and apartment buildings to stay viable as a business, they made mistakes and they are sorry they wasted the Commission's time. He said the City Planner could have come to their door to let them know what they could have changed as he wished they could have had fines for breaking the rules instead of what took place instead. He apologized and asked for a chance, as they are good people and not liars. He remarked that they have great food. Chairman Fletcher thanked them for their comments. COMMISSION BUSINESS/COMMENTS Vice Chairman Munoz thanked staff for the minutes of the last meeting that must have been challenging. Chairman Fletcher mentioned that he believes it is time for the City Council and the Planning Commission to have a joint meeting regarding the issue of entertainment permits. He said he felt it would be good to have the Police Department present to receive their comments. He said he would like to have that meeting soon. ADJOURNMENT Motion: Moved by Oaxaca, seconded by Munoz, carried 3-0-2 (Howdyshell, Wimberly absent),to adjourn. The Planning Commission adjourned at 8:05 p.m. Respectfully submitted ames R. Troyer, AICP Secretary Approved: April 14, 2010 Planning Commission Minutes -5- March 24, 2010