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Home My WebLink About2007/07/25 - Minutes - PC-HPC • CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting July 25, 2007 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:40 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, Pam Stewart, Ray Wimberly ABSENT: None STAFF PRESENT: Rebecca Coleman, Office Specialist II; Daniel Correa, Assistant Planner; Michael Diaz, Senior Planner; Kevin Ennis, Assistant City Attorney; Tom Grahn, Associate Planner; Larry Henderson, Principal Planner, Joe Stofa, Associate Engineer; Lois Schrader, Planning Commission Secretary; Mike Smith,Associate Planner;James Troyer, Planning Director; Tabe Van der Zwaag, Associate Planner ♦ R fe I`R ' ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Munoz, carried 3-2 (Howdyshell, Wimberly abstain), to approve the minutes of June 13, 2007. Motion: Moved by Fletcher, seconded by Munoz, carried 3-2 (Howdyshell, Wimberly abstain), to approve the minutes of June 27, 2007. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16909 - HILLWOOD INVESTMENT PROPERTIES-A request to subdivide into 3 office condominium lots 17.1 acres of land within the Industrial Park District and the Haven Avenue Overlay District, located on the west side of Haven Avenue, between Arrow Route and 26th Street. APN: 0209- 092-04. Related files: Development Review DRC2006-00557, General Plan Amendment DRC2004-00272, and Development District Amendment DRC2004-00273. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00557 - HILLWOOD INVESTMENT PROPERTIES - (Vintner's Grove Office Park) A request for a phased office development of 9 buildings covering 17.1 net acres with a total of 266,323 square feet of building area within the Industrial Park District and the Haven Avenue Overlay District, located on the west side of Haven Avenue, between Arrow Route and 26th Street-APN:0209- 092-04. Related File:Tentative Tract Map SUBTT16909. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. Larry Henderson, Principal Planner, noted he received a letter from South Coast Air Quality Management District(SCAQMD) at 4:18 p.m.today. He also noted that the exhibit on Page A-B 55 has been corrected to show a rock pilaster and the use of a new color similar to the building to be consistent with what the Design Review Committee approved. Chairman Stewart opened the public hearing. Kevin Ennis, Assistant City Attorney stated that the letter from SCAQMD indicates the City should consider a new model that has recently been put into place for these types of air quality studies. Mr. Ennis determined that there are not facts supporting their conclusion requiring us to either continue the item or resubmit the environmental study because the Initial Study was performed before this model became the official standard. Ned Sciortin, Hillwood Investment Properties, 105 Leland Norton, San Bernardino,thanked staff and Larry Henderson for their assistance in the Development Review process. Chairman Stewart closed the public hearing. Commissioner Munoz stated it is a good project, and that the developer worked with staff to meet the requirements of the Haven Overlay. Vice Chairman Fletcher stated he had concerns about the architecture until he saw the color renderings. He stated he is now more comfortable with it and would go ahead with the Design Review Committee and staff recommendations. Chairman Stewart commented that this project went through a workshop and Design Review several times. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolutions of Approval for Tentative Tract Map SUBTT16909 and Development Review DRC2006-00557 with the adoption of a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried C. CONDITIONAL USE PERMIT DRC2007-00283 — FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant use at 11815 Foothill Boulevard in the Industrial Park District(Subarea 7)-APN: 0229-011-38. Related Files:Conditional Use Permit No.00-44 and Entertainment Permit DRC2007-00284. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act(CEQA) under State CEQA Guidelines Section 15301, Class 1; Existing Facilities D. ENTERTAINMENT PERMIT DRC2007-00284 — FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 Foothill Boulevard, in the Industrial Park District (Subarea 7) - APN: 0229-011-38. Related Planning Commission Minutes -2- July 25, 2007 Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301, Class 1; Existing Facilities. Daniel Correa presented the staff report. He noted a correction on page 1 of the staff report. He said it should indicate the square footage as 2,900 square feet. Chairman Stewart asked if he reviewed with the applicant the modification of the condition stating the requirement to close 1 hour earlier than what the applicant requested. She asked if the applicant agreed to the condition. Mr. Correa stated he discussed it with the applicant and he(the applicant)would still prefer closing at 2:00 a.m. but staff suggested the change be made in keeping with the concept of the business being more of a family restaurant. Commissioner Munoz asked if the opening time had also changed. Mr. Correa reported that the restaurant will now open one hour later. Kevin Ennis, Assistant City Attorney noted a correction for Page C & D-14, condition #4 which should read, "No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit." Chairman Stewart asked if all the hours stated are consistent between the two resolutions. Vice Chairman Fletcher asked if other places in the Masi Plaza are open until 2:00 a.m. • Mr. Correa stated Omaha Jack's has a full bar open until 2:00 a.m.to the west of Felipe's. He noted it is a brewery, restaurant and bar. Chairman Stewart opened the public hearing. Felipe de la Piedra, owner of Felipe's restaurant, read a statement to the Commission noting he has been in operation for 24 years and has been involved, and supportive of, the community. He commented that his sales have dropped and now they have to compete with Las Campanas and to that end they would have to expand and be innovative by offering late evening dining and entertainment. He asked the hours of operation be revised to be open seven days a week, opening at 11:00 a.m. and remaining open until 2:00 a.m. Vice Chairman Fletcher asked what the closing hours are of the other places. Mike Diaz reported that similar establishments that serve alcohol are Bellissimo and El Torito which close at 11:00 p.m. He said they did not consider places such as Denny's or Jack in the Box because they do not serve alcohol. Mr. Diaz noted that the hours shown in paragraph 'f' of the resolution states the applicant's requested hours and that paragraph 'g' are staffs recommended hours of operation and that they are correct as stated. Chairman Stewart closed the public hearing. Commissioner Howdyshell stated it appears there is ample parking at the location of Felipe's and she did not feel the extra hour of closing at 2:00 a.m. would make a significant difference. Planning Commission Minutes -3- July 25, 2007 Commissioner Munoz concurred in thinking that the 2:00 a.m. closing time would not make a difference and he asked staff to explain their direction and why they believe it would make a difference. Mr. Diaz commented that with the family type of operation,the earlier hour was so families could get out prior to the closing of Omaha Jacks at 2:00 a.m. He said the closing hour(during the week) of midnight seemed to make sense since most people work during the week anyway. He noted the only difference was on weekends with a closing of 1:00 a.m. and that the Commission certainly has the option of adjusting the hours apart from the staff recommendation. Commissioner Munoz confirmed that the Conditional Use Permit could be reviewed at a later time if problems arose as well as the Entertainment Permit. Mr. Diaz stated that is correct. Commissioner Wimberly concurred and stated he is comfortable with the 2:00 a.m. closing on weekends. Vice Chairman Fletcher noted that the purpose for the extended hours is to help a family restaurant be competitive with the many other restaurants that have opened in town and the extra hour could do that. Chairman Stewart said she could understand why staff made their recommendation because they are being mindful of a prior business in town that created issues related to their hours of operation although it was also related to an adjacent residential area. She did note the difference from Omaha Jack's. She said she could see giving Felipe's the opportunity to stay open until 2:00 a.m. and if it becomes a problem, the Commission could bring it back for review. She commented that for the smaller family businesses things are getting tough. Mr. Troyer asked for confirmation of the proposed hours during the week and weekend. Chairman Stewart clarified that the hours are to only be extended to 2:00 a.m. on Friday and Saturday and the hours for Sunday through Thursday would be midnight as stated in the staff report. Mr. Correa stated the applicant had originally requested a 2:00 a.m. closing everyday with the exception of Mondays on which they would be closed. He said staff would prefer to only extend the hours on the weekend and close at midnight on the weekdays. Commissioner Munoz asked if staff had done some analysis for the other businesses in the plaza for the weekdays. Mr. Correa mentioned that there are about 8 restaurants in the plaza, most closing between 11 and 12:00 p.m. with the exception of Omaha Jack's. He said since the other businesses in the center are retail and commercial, they will already be closed when the entertainment at Felipe's begins at 9:00 p.m. Commissioner Munoz asked for the hours for Omaha Jack's on a weekly basis. Mr. Correa stated they are open seven days a week, 11:00 a.m. - 2:00 a.m. Chairman Stewart asked for clarity from the applicant on his requested hours. Mr. de la Piedra stated his desire would be to be open seven days a week, 11:00 a.m. -2:00 a.m. Planning Commission Minutes -4- July 25, 2007 Commissioner Howdyshell remarked that most businesses have to factor if it is economically feasible for the doors to stay open until 2:00 a.m. on a midweek night. Commissioner Munoz commented that the market would indicate that and decide if he can stay open until 2:00 a.m. He said he would therefore support the extended hours and bring it back if it becomes a problem. Kevin Ennis, Assistant City Attorney, commented that the business that became a problem a few years ago was because it was a restaurant that began operating like a nightclub. He added that it interfaced with residential issues. He said the main point is that this business is to operate like a restaurant and not a nightclub. He noted that this business could be sold and then gravitate to that. He commented that the location is different and there are some protections in that they are required to serve food for the entire time alcohol is being served. Mr. Diaz noted that the lease agreement from the plaza notes that a sports bar operation is also prohibited. Mr. Ennis commented that the tools they have are these: requiring food to be served at all times, the size of the dance floor is limited, and adult entertainment is not allowed. He asked staff if they are restricted from changing the number of seats. Mr. Correa reported that only a 150 square foot area is allotted to entertainment and dancing and that no changes in the interior or exterior of the structure will be allowed without review. Commissioner Munoz clarified that any changes in that would be brought back to the Commission. Mr. Correa stated that is correct. He noted that this is the first time staff has heard the applicant make this particular request to be open on Mondays. Mr. Diaz confirmed that if the applicant requests an expansion of the dance floor area, they are to come in for review of all the appropriate documents. Commissioner Howdyshell asked if the 150 square foot dance floor area was already there or if seats were removed to create it. Mr. Diaz said he was not sure but it is likely there was a reduction in seating to accommodate that. He said they cannot exceed their maximum occupancy load. Chairman Stewart asked the applicant to come forward. She asked if they expect high volume patronage resulting from the entertainment other than Fridays and Saturdays. She asked if there is an industry standard. She commented that she understands why staff is recommending the reduced hours particularly if his business should fail and be sold, because the result can be ugly. She asked him if staying open until 2:00 a.m. on Sundays would help him with a midnight closure on the other nights. She said the Commission would like to help him but she thought the late closure on the weekends was the request. Mr. de la Piedra said there is a market for late closure every night and he would like to take advantage of that. He said their research indicates there are other restaurants in the community with late closures. Chairman Stewart closed the public hearing. Mr. Ennis commented that the Commission should balance the request with the issues brought forward and that they may want to impose a condition on the CUP and Entertainment Permit Planning Commission Minutes -5- July 25, 2007 requiring a modification for any expansion of not just the dance floor area but also the bar area (meaning if there is greater standup area). Commissioner Fletcher asked if the Conditional Use Permit could be specific to this owner. Mr. Ennis replied no, that it runs with the land. Chairman Stewart commented that imposing this kind of condition certainly makes it harder. Mr. Ennis said the intent is for the operation to be a restaurant and to remain a restaurant use. Mr. Troyer noted that Exhibit C shows 5 tables with 20 chairs and if removed, that entertainment area could be greatly increased,thus the staff condition to make Exhibit C part of the CUP so that it can be regulated via the floor plan. Commissioner Howdyshell stated she is fine with the Monday hours, the City can accommodate many restaurants and this restaurant could generate more business and they could be open 7 days a week. Commissioner Munoz concurred and he suggested the hours be modified, and Exhibit C be added so that it cannot be changed without returning to the Commission. He moved to approve. Motion: Moved by Munoz, seconded by Wimberly, to adopt Conditional Use Permit DRC2007- 00283 and Entertainment Permit DRC2007-00284 with the amended days and hours as follows: they may operate seven days per week 11:00 a.m.to 2:00 a.m.daily and that Exhibit C(floor plan)is added to the resolution with the requirement that any modifications that either expand the bar area or reduce the seating area be brought back to the Commission for review and approval. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried • Commissioner Munoz asked for a clarification regarding the serving of alcohol/food. Mr. Diaz commented that the understanding is that they stop serving at 1:30 so that their staff can clean up and close by 2:00 a.m. E. VARIANCE DRC2007-00396-JALAL NOORZADY-A Request to reduce the required corner side yard setback from 27 feet to 18 feet in the Low Residential District at the southeast corner of Amethyst Avenue and 19th Street-APN: 0202-111-05. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 5 exemption under State CEQA Guidelines Section 15305, which covers minor alterations in land use limitations and includes variances for side yard setbacks. Tabe van der Zwaag presented the staff report. He noted that two letters were received from adjacent neighbors stating opposition to the variance request. One of the letters states his reason to oppose is because the lot is too small for the proposed house. Chairman Stewart clarified that the house had to come back for review and she questioned if the design in the agenda packet is what will be built. Planning Commission Minutes -6- July 25, 2007 Mr. van der Zwaag stated that it is a single-family home on a single lot and therefore would not be brought to the Commission, but would go through plan check for approval. He commented that this is why it is here today; it was stopped in plan check with the notation that either the size of the house has to be reduced or a variance would have to be granted to move forward. He added that this design is the latest proposal and the Commission's approval is for a variance so the project can move forward. He said the Commission is not being asked to approve this house design. He said if the variance is approved then staff would massage the design and work with the applicant and give recommendations as to whether the home is appropriate for the site and possibly reduce the bulk and mass of it in the process. Chairman Stewart asked if an existing home would be demolished. Mr. van der Zwaag stated the lot is vacant. He said there were two lots that had a lot line adjustment and are single lots. He reported the surrounding homes are on larger lots and are of the 1960's vintage. He said this house would be 5 feet from the property line of the adjacent neighbor. Commissioner Munoz asked for the site plan to be placed on the overhead. Commissioner Howdyshell asked for the size of the house to be confirmed and if the lot is 4,759 square feet. Mr. van der Zwaag confirmed that with the garage the house is 3,800 square feet, and the lot is 4,759 square feet. Commissioner Munoz asked for staffs comment on the size of the house. Mr.van der Zwaag commented that with the two story design and the size, it looms/overshadows the neighbors' single-story homes. He said it would be difficult to build even a single-story home. Commissioner Fletcher commented that compatibility is an issue and there have already been complaints of non-compatible homes being built along Amethyst, therefore he would have difficulty with the request. Chairman Stewart opened the public hearing. Jalal Noordady stated he is the applicant and that he has owned the property for about 17 years and finally decided to build on it only to discover that it is too small. He said he then processed a lot line adjustment. Commissioner Fletcher confirmed that he intends to build and live in this house. Clark Boesen, 9529 19th Street stated he lives in the second house adjacent(east of the site)to the property and he owns the other lot that wraps around this one as well. He said that he is opposed to the variance request because of the size of the house in relation to the small lot, that the two-story design sticks out like a sore thumb, and also because there would be a parking problem due to the width of the lot and because no parking is allowed on 19th Street or Amethyst at that location. Chairman Stewart closed the public hearing. Commissioner Munoz commented that he would recommend denial because the proposed dwelling is not proportional/or compatible to the surrounding neighborhood. Commissioner Howdyshell concurred and said she could not support a house that large on this lot. Planning Commission Minutes -7- July 25, 2007 Commissioner Wimberly concurred. Commissioner Fletcher said he is also concerned that this house would stick out and not be compatible with the neighborhood. HeKevin Ennis, Assistant City Attorney,commented that it could be conditioned to be brought back Commissioner Munoz clarified that the variance allows them to go to the outside edge of the envelope that they are allowed to build on. Mr. Ennis said the variance allows for the specific amount of feet incursion into the setback specified • on the plans. Commissioner Munoz confirmed that the variance allows them to build into an area that we normally would not allow them to build on. Mr. Ennis said they are asking to go about 9 feet into the setback, reducing it to 18 feet and so if the Commission denied the variance then it would have to come back with a building that would fit into the required building envelope which means at least 27 feet from the side yard. Vice Chairman Fletcher said that to build a house this size built to the maximum allowed on this lot and then to ask for the variance seems to be taking advantage of the system. He said he is trying to look for a solution. Mr. Troyer said the other option is to continue the item to see if the owner would come back with a smaller product that is acceptable to the Commission and it still could be conditioned to go to Design Review Committee for review of the elevations/design. Chairman Stewart asked if there would be a time limit for that process. Mr. Ennis stated the Commission could specify that period of time and if the applicant goes beyond it he would have to start over with new fees. He said for that future meeting staff could prepare a resolution of denial and a resolution of approval. He said if the applicant came back with acceptable plans it could be approved and if not the Commission could adopt the resolution of denial. He noted this process would not slow them down or they could just continue it, but it does have to be acted upon in a reasonable time period. He asked staff when the project was deemed complete. Mr. van der Zwaag said that the house was submitted for plan check review which does not require a completeness determination. He added that this is the reason the house design was never approved because it did not meet the setback/architectural requirements. Mr. Ennis suggested 30 days. Chairman Stewart commented that if they continue the item, they get a little more time to figure it all out. Mr. Diaz said in all likelihood this property will require some kind of variance because of the size of the lot. He suggested the applicant work with staff to get a design that may be more compatible. Mr. Troyer suggested a 30 day continuance. Commissioner Munoz suggested 60 days to allow the applicant more time to work with staff. Chairman Stewart said that she did not think she could approve this plan because of the significant issues of the property,the design,the driveway/access, and the relevance to the intersection. She said she would support a 60 day continuance with the understanding that it would go back to the Planning Commission Minutes -8- July 25, 2007 Design Review Committee for their review prior to being brought back to the Commission. She cautioned the applicant that it had better not look anything like what was presented tonight. Mr. Ennis asked for the applicant's concurrence with the proposed motion. Mr. Noorzady indicated his understanding and concurrence. Motion: Moved by Munoz, seconded by Wimberly,to give the applicant a 60 day continuance with the understanding that within that time period he would work with staff and his architect towards a more workable plan which would then proceed to the Design Review Committee for their comment and then to the Commission for their review and approval. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried F. ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC2007-00119- PITASSI ARCHITECTS - Review of proposed Density Bonus Agreement (also referred to as Housing Incentive Agreement)to implement Development Review DRC2006-00540 allowing a density bonus and modifying specific development standards for the construction of 225 workforce apartment units on vacant property in the Medium Residential District(8-14 dwelling units per acre), located at 13233 Foothill Boulevard, west of the Etiwanda San Sevaine Flood Control Channel, and east of the Southern California Edison Transmission Line Corridor-APN: 0229-041-10. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. This item will be forwarded to the City Council for final action. G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00540 - PITASSI ARCHITECTS FOR THE NORTHTOWN HOUSING AUTHORITY CORPORATION:- A request to develop 225 workforce apartment units on 12.87 acres of land in the Medium Residential District (8-14 units per acre) located at 13233 Foothill Boulevard, west of the Etiwanda San Sevaine Flood Control Channel, and east of the Southern California Edison Transmission Line Corridor - APN: 0229-041-10. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. Mike Diaz, Senior Planner, presented the staff report. He noted he had received comments from two residents northeast of the site who indicated less than full support of the project. He said a third communication came from an investor interested in a property on the north side of Foothill Boulevard. He stated this person did not voice an objection. He added that he also received letters from the Inland Empire Utilities Agency with a suggestion to use recycled water, CVWWD with no comment, Etiwanda School District regarding school fees and from the SCAQMD which noted the air quality model used for the environmental documents. Commissioner Howdyshell asked if the exit from the development would allow eastbound traffic only. Mr. Diaz noted that there will be a signal at East Avenue with protected U-turns. Commissioner Howdyshell asked if prior to the signal being installed, would U-turns be allowed. Mr. Diaz stated that the signaling project is not likely to be installed until flood control completes their water project. He noted that there are other projects going in that will help with the costs of the infrastructure and therefore Foothill Boulevard will continue to improve. Commissioner Munoz asked for comment on the power lines. Planning Commission Minutes -9- July 25, 2007 Mr. Diaz noted that the Edison corridor is about 220 feet wide and it is not likely development will occur there because it is rare for Edison to approve development within their corridors. Vice Chairman Fletcher asked for staff to explain what is being done to improve the channel. Mr. Diaz stated that connections to the channel are planned to the south and construction is soon to begin. Mr. Diaz reported that when complete, the flow which now floods the intersection of East Avenue and Foothill Boulevard and which could flow onto the subject property will be completely diverted into the improved channel which would allow the subject property to be re-graded and readied for construction. Commissioner Howdyshell asked for staff to clarify the noticing process of the project. Mr. Diaz stated that all property owners within a 660 foot radius of the project site were notified. He said because the condominium project is still being built, no one lives there and therefore notices were not sent to prospective owners but they did send a notice to the builder. Chairman Stewart opened the public hearing. Pete Pitassi, 8439 White Oak Avenue, stated he is available for questions as well as Northtown Housing Development, Nacho Gracia, Paul Hernandez, Nora Brown, Ida Perkins, Laura Horn and Curtis Dahle. He commented that Northtown Housing has an exemplary record for this type of development and that they have strict policies in place for them. He thanked staff for their help and he noted that they held several neighborhood meetings. He remarked that this development offers quality with no compromises. Kenneth Van Horn, 13050 Chestnut Avenue (to the west of the site) stated that the legal notice did not indicate the project was low income housing nor was it mentioned at the neighborhood meeting on April 7. He said he has a big problem with low income housing and that minimal letters were sent out. He said he was opposed from the start because it will create a large impact on their neighborhood because of safety issues. He reported they have an apartment complex to the south and they have issues with them hopping walls. He said the detention center to the south on Etiwanda Avenue poses a problem. He said he fears every corner will be retail with a gas station that sells alcohol. He said he did not oppose the condos across the street. He said property owners to the north can not sell houses because of the proposed apartment complex. He mentioned the traffic conditions and that along Chestnut to Etiwanda it is unsafe to pull out of driveways. He said the residents need to be protected. He said there would be pedestrian foot traffic from the complex through their neighborhood. He remarked that property values would fall and the safety of their children is at stake. Joshua Visco, 8085 Jamestown Circle, Fontana, stated he is a County prosecutor and that he deals with not just regular crime, but hard core street gangs, murders, assault, rape, drugs,and graffiti. He said with this project there would be more traffic flow to Fontana and not Rancho Cucamonga. He said we should be good neighbors and vote against the proposal. Desirree Alvarez, 12405 Ironbark Drive, Rancho Cucamonga, stated she is in favor of the project. She said her issue is more with the people rather than the project. She noted that from the economic perspective and with average home prices in Rancho at about $458,700, many cannot afford homes. She said she went to college and has a degree but can't afford one as well. She commented that we haven't provided enough affordable housing. Planning Commission Minutes -10- July 25, 2007 Elizabeth Jernari, 7848 Fillipi Court, Rancho Cucamonga, stated she is a single mom of four. She is opposed because of her fear of crime stemming from a low income community. She reported that she fears her house would be broken into from someone at the apartment complex and those walking the streets. She expressed concern that her children would be exposed to gangs. She said the school district has too many students and therefore less attention is given to individual students. She suggested low income housing be placed somewhere else. Joseph Sibree, 8165 Cornwall Avenue, Rancho Cucamonga,said he was not notified,that the terms 'low income and very low income' were not used. He asked what workforce housing is. He suggested they build condos and homes not apartments. He mentioned that endangered kangaroo rats, nesting raptors, and burrowing owls are on the property and that the project is on a streambed. He noted they plan to stop the flow of the stream. He cited concerns of traffic issues, property values and minimal notification of 173 households wherein his estimation was about 500 notices should have been mailed. He stated a new notification should be done. Emily Spinney, 8198 Cornwall Avenue, Rancho Cucamonga, voiced opposition due to property values, and that her neighborhood has already struggled and they are trying to improve the surrounding homes. She expressed concern about the flood plane zone, ground stability, endangered species, and the site being an unsafe area where crime will occur. She said there are too many stores that are vacant. She said the schools are overcrowded. She asked if this project was good for the rehabilitation of Route 66. She said she obtained about 50 signed petitions. Anna Batista, 7915 Marshall Court, Fontana, said she is from the Field Stone community and her house was valued at $650,000. She said property owners do not want to live near an apartment complex. She said low income people will hang out. She mentioned traffic concerns in that she can't get into her driveway from East Avenue, that there are gangs and trouble makers. She expressed fear that property values will go down. Stephanie Estrada, 7961 Hemingway Court, Fontana, (Field Stone community)stated she was not notified. She said she is concerned about traffic, property values, gangs, and additional traffic and that it is dangerous with low income housing kids walking to school. She commented that she and her husband do not work in the neighborhood and her children need to be safe. She said she is horrified and feels violated, and disappointed. She said her alarm went off and it took 1 hour for Fontana Police Department to respond. She reported that in December, Fontana PD said they will not respond anymore to alarms because it is no longer a priority. Martin Perez, 7893 Marshall Court, Fontana, (Field Stone community) said he drives to LA to work. He said he is upset because he was not notified and his property value will go down. He is concerned about traffic and he is scared about turning left on East Avenue from Foothill Boulevard. He said with 220 units, there would be over 200 cars that will be traveling up East Avenue towards the 210 Fwy. He said he fears for his child's safety because of the traffic. He asked for a "no"vote or at the least a reduction of the number of units. Brian O'Connel, 13045 Ivy Avenue, Rancho Cucamonga. He stated he met with the ex-mayor. He said he called Irvine, Simi Valley, Valencia and Laguna Beach. He said the City Planners were all available to him. He said they were not in compliance either but they said do not do it this way; don't put in a huge apartment complex in one spot. He said there are different ways to accomplish this: 1) old apartment complexes can be refurbished, 2)convert apartment complexes to townhomes slowly and 3) spread out these projects. He said the City treats his neighborhood as second class. He said they do not have street sweeping, curbs, or street lights. He said he got numerous agencies to come out and investigate. He said they have no child molesters because they keep it that way; it is a tight knit community. He said the proposed project looks like a prison and it is. He reported that the condos have had to reduce their price because of the threat of the apartment complex. He said Lyon Homes is very angry because they were not notified and they may instigate a lawsuit. He Planning Commission Minutes -11- July 25, 2007 commented that the flood channel almost washed out Etiwanda Avenue and the 10 Fwy. He said you can not change'mother nature'. He said he has put security lights up through out their neighbor hood. He said they have talked to the people in the apartment complex located to the south and they told them to clean up and they report people that come into their neighborhood that do not belong and ask them to leave. He reported a gentleman from Northtown came at him and tried to verbally attack him. He said there will be an FBI investigation because he believes he can prove Northtown is making a profit. He said no one is happy with the way the City is handling it, that there is an alternative by building senior citizen housing instead. He said to put the apartment complex somewhere else. He said the City is dumping toxic waste in their backyard. Chairman Stewart called a 5 minute break at 10:05 p.m. At 10:20 p.m. the meeting reconvened. She stated that the speakers will be limited to 5 minutes each and to please state any new issues. The remaining Commissioners agreed to proceed. Jason Anderson, 13233 Lambrusco Court, Rancho Cucamonga. He said as a parent and real estate agent, the big attraction is the Etiwanda School district. He said if kids grow up afraid and without confidence our future is at stake. He said there is a problem with bringing in lower income kids. He said he does not see the benefit of this project. He said he did not want his children to fear the other kids or be afraid of being followed home and beat up. Russell Veylupek, 13039 Chestnut Avenue, Rancho Cucamonga, said he is trying to make their home nice for him and his mother. He said he commutes 1 hour to work and he could not come home in time if something went wrong in the neighborhood. He said he does not want affordable housing to come in. Mike Walters, 8275 Cornwall Avenue, Rancho Cucamonga, said the map that was being used is a little old. He commented that there is a lot of traffic. He mentioned East Street is bumpy because of the water flows and water flow is still there that has not been fixed. He expressed concern about the stream flows, sand stone, and the possibility of sink holes. He said with poor lighting it would be easy for drug users to sell drugs and if they do put good lights in, people will be blinded from the glare. He commented that traffic accidents will increase with the installation of medians because of the reduced lane size. He said Cornwall traffic will be backed up to the 15Fwy. Eric Gail, 8077 Jamestown Circle, Fontana, pointed out an opening to the park and expressed concerned that the type of people that will come into the park. He mentioned traffic increased at Perdew Elementary School. He said the increase in the amount of apartments is too many. He asked the Commission to deny the Density Bonus Agreement and the project. Maria Cortez 13199 Lambrusco Court mentioned safety, high crime, property values, notification of the project and how these residents get to thel 5Fwy or the 210Fwy. She added that the high school students must walk or be dropped off because they are too close to ride the bus and that her kids would not be safe. She said they are still waiting for the future park to be built. She said they are looking forward to the park but she is now concerned that it will not be safe because of the low income project. Pete Pitassi, Pitassi Architects, commented on some of the technical issues. He noted that the City Council passed an ordinance requiring notification of all property owners within a 660 foot radius and the list is generated by the title company using records from the County Recorder. He said all property owners to the west on the corner of Etiwanda Avenue and Foothill Boulevard and even beyond the 660 foot radius were notified. He noted that Foothill Boulevard will be widened, lanes will be broadened and medians installed for traffic control. He said biological studies have been done and one more has to be done just prior to grading. He noted flood control is being improved by the County and the San Sevaine flow will be controlled in a channel designed for a 100 year flood. The Etiwanda School District and the Chaffey Union High School District have mitigation fees Planning Commission Minutes -12- July 25, 2007 in place for students attending their schools that they (Northtown Development) have to pay in accordance with State law. He noted there are over 1,000 workforce units in Rancho and no one would be able to say exactly where they all are because of the high development standards in place. He commented that there are many statistics regarding crime related to these projects in our immediate area. The meeting was disrupted at this point by an unidentified speaker (later identified as Joseph Sibree)who lashed out angrily because the Chairman allowed Mr. Pitassi to speak. She stated that she allowed it because of the technical issues that needed to be addressed and that the questions were brought forward by the public and the Commission needed answers to those questions and Mr. Pitassi would be able to address them. She said she would also ask the same questions of staff. She said it is within her discretion to let him speak and she takes the blame for it, but the questions needed answers anyway. She said she should have asked him to sit down and take him in proper order. She said she would not allow responding back and forth (from the gallery) but that she would allow him (the unidentified person)to have a one minute response and she would also allow anyone else that wants to speak, a time to speak. She then brought the meeting back to order and proceeded to allow more testimony to be taken. Joseph Sibree, 8165 Cornwall Avenue, Rancho Cucamonga, commented that the 660 sphere is mostly open fields with only a few residents and the residents are the ones that are concerned. He said the other residents passed out their own notification. He said that this is unique and they should have expanded the notification area. He said they did follow Council's direction but it is not fair. He said he asked for a response from Northtown and City Council and received no response. He said he had a lot of questions with no answers. He said for the 1st meeting he was not notified, the 2nd was at the school, and the 3rd meeting was at the City but it was a closed meeting and not a meeting for the public. He said no public notice was sent out for that meeting and that they were "duped" and only 6 residents were there;they talked with one another to find out about the meeting. Todd Brazoau, 13004 Ivy Avenue, Etiwanda, said he lives to the west of the proposed project. He said they are scared and are surrounded by negatives. He said the foot traffic from the detention center is being diverted. He said a more positive thing could be done on this property rather than apartments. He commented they have fought for their neighborhood for peace and they don't want to chance losing it. He said the project resembles a jail and it is. He noted traffic issues,transients, and that the neighborhood is scared. Gilbert Rodriguez, 13030 Ivy Avenue, Etiwanda. He noted past problems in the vacant field and they have thrown out transients. He said the low income people will bring drugs into their neighborhood. Emmylou Pablo, 13207 Lambrusco Court, Rancho Cucamonga, stated that the Commission is more concerned about keeping the restaurant open than about the concerns of their neighborhood. She said she moved to Rancho Cucamonga because of her son's education. She said these low income kids could lower the standards of the Etiwanda School District and ruin it for everyone. She remarked that Fontana Police only has nine officers on duty at a time. Mrs. Pablo commented Etiwanda School District was in the top 10 and she didn't want to hurt her son's education and/or lower the property values. Paul Valle, 13132 Riesling Drive, Rancho Cucamonga, said he has a personal history of law enforcement and he believes this kind of development will affect the community. He commented that traffic is a main issue as well. He asked that alternatives should be taken into consideration. Loretta Veylupek, 13039 Chestnut Avenue, Rancho Cucamonga, asked for clarification of the access to the project from the gate. She said she agrees with everyone else in what they have said. Planning Commission Minutes -13- July 25, 2007 Randy Cooper, 13207 Lambrusco Court, Rancho Cucamonga, stated he is frustrated because they do not feel they are being heard and there is no body language or feedback from the Commission. He mentioned the environmental impacts, traffic, and the people that are coming in. Chairman Stewart noted that it is 11:00 p.m. and she asked the Commission if they should continue the meeting. The Commissioners agreed to continue. A request came from an unidentified speaker to allow rebuttals. Chairman Stewart said no rebuttals would be heard at this time and unless there were any new speakers, she would close the public hearing. She said she has a list of issues noted to be addressed and she addressed staff with some questions. She closed the public hearing. Mr. Diaz commented on the map and noticing. He said the map used is the most recent on file and is provided by GIS. He said the map changes daily with development. He said the plan for the park is that construction should begin near the end of the year and he has plans available. He said notification was consistent with Council direction and is more than double the requirement. He noted Mr. Van Horn and Mr. Sibree are both on the mailing list. He said approximately 174 notices were mailed for the first meeting and also for the second meeting. He could not address the issue of a "closed secret meeting" because he was not aware of it. He noted the lists of people that attended meetings. He noted the three meetings March 5, March 15 and April 12, 2007. He remarked the zoning of the property as "M" which is the typical zone for any type of multi-family development. He commented that see through/open fencing is planned to allow for visibility, monitoring and to limit graffiti. He said the street improvements include widening, curb, gutter, sidewalk, landscaping, street trees and lighting. He said the improvements of the sidewalk will go as far west as they can go. He noted that the project is also subject to the Route 66 Visual Improvement Plan which includes various enhancements. He noted the environmental studies were done and included plant and animal species. He reported that additional studies will be performed before development begins to protect the active nests that may already exist on the site, such as those for raptors and burrowing owls. Chairman Stewart commented that the study is quite comprehensive and mitigations cover the nesting habits of these animals so that development will not begin until these species are finished with their nesting. Mr. Diaz continued by reviewing the ingress/egress through the main gated entry. He said it is consistent with any gated entry into a multi-family development. He said the additional gate is for emergency access only. The only exit for cars and pedestrians is at the front gate and there will be no "man" gates on the side of the property. Chairman Stewart noted that the side emergency gate is a controlled gate with Knox boxes. Vice Chairman Fletcher asked staff to comment on the State mandate to develop low income/affordable housing. He noted that the City really has no choice and that if we did not have to do this,we might choose not to. He said there is limited available land left. He reported that the City is close to buildout and therefore there are few places left to develop in this way. An unidentified speaker disrupted the meeting with comments from the public audience. Chairman Stewart remarked that if he continued, she would ask him to leave the meeting. Chairman Stewart again brought the meeting to order and stated she would not take comments from the audience because the public hearing is closed. Mr. Diaz said Vice Chairman Fletcher is correct and that every city has a requirement to provide this housing. He displayed a map exhibit showing these developments including affordable and senior housing all over the community, mostly on the west side of the City. Planning Commission Minutes -14- July 25, 2007 Mr. Ennis commented that California has an affordable housing crisis and only a small percentage of people can afford to buy a house. He said that the State legislature has determined that cities over time have made preferences to build homes for higher income people thus excluding those with a lower income. This mandate came forth to try to remediate that. He reported that every city must provide a housing element document every 5 years with a plan showing how they plan to develop housing and to achieve their mandated allocation of affordable. The State expects the City to provide a rather large number of units and we are behind in achieving our goal thereby creating risks for us. He said there can be impacts on future development. The legislature also enacted a law that says a city can not base their approval decisions based upon the income of the people who would likely reside in that development. He noted that the city, if found guilty of this, could face the decision being invalidated and also suffer serious consequences and legal costs. He said denials could only be based upon design, the site, and other planning principles. He reported that from a redevelopment perspective, the City designated large areas for redevelopment projects therefore capturing additional revenues for the City however, 20 percent of those funds must be used for affordable housing and if they are not used, penalties will be imposed. He said the legislature is making it harder and harder for cities to control or deny these projects. Vice Chairman Fletcher noted that the City is"not on the take"as one speaker indicated and that the City is not just "cramming in" more housing and no one is getting paid off; the Commissioners are volunteers. Mr. Ennis added that the State requires us to give the developer this bonus and other concessions on affordable housing projects in an effort to ensure the affordable housing goals are met. Commissioner Munoz asked council to comment on opposition that is based upon prejudice or the concept of NIMBY(Not In My Back Yard). He remarked that these decisions are sometimes based ' on misinformation. He remarked that the law prohibits the decision making to be based upon income and we are not allowed to impose conditions that would make that development infeasible. Mr. Ennis said that is correct; someone could go to court and overturn that decision if it is shown that the decision was predicated on those factors. Joe Stofa, Associate Engineer commented on the concerns about traffic. He said the left turn pocket will be extended for a U-turn pocket to a 250 foot lane. He said since it is on the border of Fontana, coordination with them is occurring. He said a signal will be there and the City of Rancho will take the lead on that. Commissioner Howdyshell asked for clarification of the division of the various units amongst incomes such as low, very low, etc. Tom Grahn, Associate Planner, reported that the income levels are based upon the number of people in a household (people occupying a unit)and the income levels are determined by HUD. He stated that 'extremely low'for example for a single occupant is $12,000 per year, 'very low' is less than $20,000 and 'low' is earning less than $33,000 per year. He said it varies depending upon the total income and number occupants a household and there is no moderate category. He added that It is not just working occupants, but the total income for all the occupants in the household; Chairman Stewart asked if he knew the median income for the County Mr. Grahn said he did not. Commissioner Munoz reported that the median income for the County is $57,500. Planning Commission Minutes -15- July 25, 2007 Commissioner Munoz thanked everyone for coming and that the Commission listened to everything. He said they do not make faces or respond as commentary is taken because the Commission weighs all that is said from everyone and their judgments are not based upon"how slick"someone's presentation was. He said they have reviewed the results of all the studies and they understand the fear about the influx of our population. He said the reports indicate we should expect our population to grow by millions in the next 10 years. He said many people cannot afford homes but coming from a poor background does not make someone a criminal. He said it is key that the median income is $57,500 but a family has to make $89,700 to be able to buy a home here. He questioned what should be done with the balance of people. He said there are laws that protect people in this State. He noted those people include paramedics, medical assistants, bank tellers, pre-school teachers, therapists and social workers, and they deserve a place to live as well. He said being poor does not make a person a criminal and that is what makes this country great; that there is opportunity for everyone. Chairman Stewart again had to bring the meeting to order because of another angry outburst. The speaker subsequently left the chambers. Commissioner Munoz added that the project is within the development guidelines and the General Plan and he moved approval. Vice Chairman Fletcher commented that affordable housing is a State mandate and that we are about 1200 units behind in our requirements. He noted that he likes the term "workforce housing" because we have businesses with many workers. He said part of the housing solution is to create housing here so you do not have to drive so far to work as mentioned by several of the speakers. He said waitresses and retail store workers need a place to live and if it can be provided in your own city, that is a good thing. He remarked that other cities may have affordable housing and they may have high rates of crime. He commented that is not what we are developing and this is designed with high standards and most people will not know what units are low income. He added that their management standards are high as well and our city is very diligent about good management. He said the term 'workforce housing' is not meant to be deceptive. He remarked that Rancho Cucamonga is a very safe community and police officers want to be assigned to Rancho for that reason; they compete for jobs here. There was another angry outburst from the public. Chairman Stewart brought the meeting back to order. Vice Chairman Fletcher commented that the Commissioners are not employees and they are volunteers and are not paid off by the developers. He asked that they be allowed to do their job. Commissioner Howdyshell remarked that this design is not a rehab or conversion, it is new construction. She noted this development gives people that may not have one otherwise to have a better quality of life and the State mandate is what the Commission has to go by. She noted the City has a master plan with designated property and it shows what land is available for various uses. She added that there is a corridor that runs north to south and to be located next to that is a plus. She added that we have rules to follow and they are not taking shortcuts. Commissioner Wimberly echoed the comments of his fellow Commissioners. He said it is great that new opportunities are available in the city. He voiced his support. Chairman Stewart commended the residents for coming and doing due diligence for their neighborhood. She remarked that the Commission has reviewed hundreds of pages of documents, the attorney spent a great deal of time explaining the laws that will govern their decision and she recognizes that not many people will be happy with the decision made tonight. She added that the State sanctions for denying affordable housing could be very unpleasant. She noted that there is Planning Commission Minutes -16- July 25, 2007 affordable housing in Alta Loma near where she lives. She said so many of them are so well designed that you could not pick them out from any other apartment complex or market rate apartments. She stated that many people cannot qualify for homes including some of our own family members and it even includes some school teachers. She commented that there is not one study that says if you build affordable housing, you get crime. She said that one of the meetings about this project included a presentation by the Police Department which included statistics that showed in Rancho Cucamonga, more crimes were committed in the market rate housing over the affordable housing developments. She said the key is property management. She said if there are high calls for service, the residents can gather and become part of a program to address those issues. She said it is an award winning program and it works. She said that the City has to find land to accommodate these developments and we are 90 percent built out. She said there are traffic problems all over the community, but that is how we get infrastructure through development. She noted that the commercial development was addressed in the General Plan years ago. She added that the streets in their neighborhood are not private streets,they are public and they cannot control who is walking through them unless they are doing something wrong and even then the police should be called . She said this project has been through a multitude of reviews. She remarked that not every project has a 220 foot Edison corridor next to it that will not be developed and that will offer some protection for the neighborhood. She commented regarding the gentlemen that left the meeting earlier and his remarks about talking with other various cities such as Irvine and Laguna Niguel. She commended him for doing the research. She commented that the speaker suggested conversions, spreading these developments throughout the city, senior housing, and qualifying 55 year olds for certain projects. She remarked that we have done all those things to accommodate affordable housing requirements and they have been done many times and all the options have been explored. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolution recommending approval of Density Bonus Agreement DRC2007-00119 which will be forwarded to the City Council for final action and to adopt the Resolution approving Development Review DRC2006-00540 with the adoption of a Mitigated Negative Declaration of environmental impacts. The motion carried (5-0)by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS H. CONSIDERATION TO INITIATE ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00635—RANCHO WORKFORCE HOUSING—A request to amend the General Plan land use designation from General Commercial (GC) to Mixed Use (MU) for approximately 17 acres of land, located on the north side of Foothill Boulevard between Center Avenue and Hermosa Avenue. APN: 1077-601-02, 03, 04, 05, 06, 11, 13, and 14. Related Files: Development District Amendment DRC2006-00634, Development Review DRC2006- 00633, and Tree Removal Permit DRC2006-00636. I. CONSIDERATION TO INITIATE ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2006-00634—RANCHO WORKFORCE HOUSING—A request to amend the Development District from Community Commercial (CC), Foothill Boulevard District Subarea 3, to Mixed Use (MU)for approximately 17 acres of land, located on the north side of Foothill Boulevard between Center Avenue and Hermosa Avenue.APN: 1077-601-02, 03, 04, 05, 06, 11, 13, and 14. Related Files: General Plan Amendment DRC2006-00635, Development Review DRC2006-00633, and Tree Removal Permit DRC2006-00636. Planning Commission Minutes -17- July 25, 2007 James Troyer, Planning Director asked the Commission to consider continuing items because of the hour. The Commissioners agreed to do so. Motion: Moved by Munoz, seconded by Fletcher, to continue items H and Ito the next meeting. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried R R R R R PUBLIC COMMENTS An unidentified speaker asked how the public can get copies of the reports and related information. James Troyer stated copies can be produced and to see the Planning Commission Secretary for assistance and that he would be available by phone if he has further questions. Another unidentified speaker asked how a member of the public could find out about traffic and speed bumps. Mr. Troyer suggested he contact his office and he would be happy to meet with him. ADJOURNMENT Motion: Moved by Munoz, seconded by Fletcher, carried 5-0, to adjourn. The Planning Commission adjoumed at 11:50 p.m. Respectfully submitted, James R. Troyer, AICP Secretary Approved: August 22, 2007 Planning Commission Minutes -18- July 25, 2007