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HomeMy WebLinkAbout2004/02/11 - Minutes - PC-HPC • CITY OF RANCHO CUCAMONGA • PLANNING COMMISSION MINUTES Regular Meeting February 11, 2004 Vice Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:10 p.m. The meeting was held in the Board Room at Cucamonga County Water District, 10440 Ashford Street, Rancho Cucamonga, California. Vice Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Cristine McPhail, LarryMcNiel, Pam Stewart ' ABSENT: Rich Macias STAFF PRESENT: Brad Buller, City Planner, Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Jim Frost, City Treasurer; Donald Granger, Assistant Planner, Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Warren Morelion, Assistant Planner, Gail Sanchez, Planning Commission Secretary ANNOUNCEMENTS Brad Buller, City Planner, gave a brief overview of the meeting format and public hearing process. APPROVAL OF MINUTES Motion: Moved by McPhail, seconded by Stewart, carried 4-0-1 (Macias absent), to approve the minutes of January 14, 2004 Motion: Moved by Stewart, seconded by Fletcher, carried 3-0-1-1 (Macias absent, McNiel abstain), to adopt the minutes of January 28, 2004. ♦f # f ♦ CONSENT CALENDAR A. RESOLUTION TO CHANGE THE LOCATION OF THE PLANNING COMMISSION MEETINGS Motion: Moved by McPhail, seconded by Stewart, to adopt the Consent Calendar. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART ABSENT: NONE ABSENT: MACIAS - carried • PUBLIC HEARINGS B. CONDITIONAL USE PERMIT DRC2003-01015 -: WEST END FAMILY COUNSELING SERVICES-A request to establish an office use within the historic Norton-Fisher House, in the Low-Medium Residential District(4-8 dwelling units per acre), Etiwanda Avenue Overlay District, and Community Services Overlay District of the Etiwanda Specific Plan, located at 7165 Etiwanda Avenue - APN - 0227-131-24. Dan Coleman, Principal Planner, presented the staff report. Vice Chairman McNiel asked for clarification on the parking. Mr. Coleman stated that the School District parking lot is directly south of the house and there is a cooperative agreement with the School District to allow West End Family Counseling Services to use the parking lot. He said the,project was conditioned to have the applicant work with the School District regarding parking coordination to accommodate special school events. Commissioner Fletcher asked about the potential for conflict mentioned in the staff report when the applicant has training sessions. Mr. Coleman responded the applicant may provide training for teachers on how to counsel students and the teachers would be utilizing the facility. Vice Chairman McNiel opened the public hearing. Jed Shafer, Executive Director, President, and Chief Executive Officer of West End Family Counseling Services, 855 North Euclid, Ontario, stated he was available to answer questions. He said they are thrilled to have the opportunity to provide the renovation of the Norton-Fisher House. He indicated they met with the Etiwanda Historic Society and have been working on the project for over a year. He commented they have worked to make it a low impact use with their hours of operation to be afternoons and early evenings. He said they have an extensive school based counseling program and this facility's location will be more appropriate than their current facility. He indicated there would be space for children to play and they.plan substantial upgrades to the landscaping to make it a park-like setting. He remarked that they worked with the School District to be sure the use is compatible with the neighborhood. • Vice Chairman McNiel asked how many children are served. Mr. Shafer responded they currently have just over 200,with 80 percent of their clients being Rancho Cucamonga residents. He said the house will have three counseling offices and one larger group training room, so there will be a maximum of three individual counseling sessions plus a group • • activity at any one time. He noted the'hours of operation are limited for direct counseling at that site. He said their physicians and more heavy-duty mental health services will remain at their Ontario facility. He indicated their plan for the Rancho Cucamonga facility has to do more with training, prevention, and outreach with the counseling being more secondary. Jan Sutton, President of Etiwanda Historic Society, 7150 Etiwanda Avenue, Rancho Cucamonga, stated the idea was brought to the Society several months ago. She indicated the Society feels it . would be an appropriate reuse of the house and is also excited because the plans include preserving and maintaining the historical significance of the interior while modifying it to meet the needs of the applicant. She said the applicant has also talked to the Society about a potential for partnering to display historical artifacts. She stated the Society Board feels it will be possible to work with the applicant in a cooperative manner. She reported the Board voted to support the applicant as a tenant and to support their restoration efforts. Planning Commission Minutes -2- February 11, 2004 • Commissioner Stewart asked if there would be a plaque that will name the house. Ms. Sutton replied that the Society talked about having something to designate the house and they want any display to show the significance of having the first switchboard in the area. She said Mr. Shafer has been supportive of trying to aesthetically work that in. She felt comfortable the applicant would work with City staff to design an appropriate plaque for the building. Commissioner Stewart felt it should be something that really stands out. Gwyn Frost, Board Member of Etiwanda Historic Society, 12996 Victoria Street, Rancho Cucamonga, stated she was there as an historian and noted it was the first house that Jim Frost's grandmother lived in when she came to the area in 1916 and was the location of the first telephone switchboard in the area. She noted that on occasions when parking is not available at the school, there should be sufficient parking at the historic homes across the street. She supported West End Family Counseling. • Hearing no further testimony, Vice Chairman McNiel closed the public hearing. Commissioner Stewart stated that she was concemed about parking when she first read the staff report but following a site visit, she felt more comfortable. Noting the use,the understanding that the majority of the clientele will come from the school, and the support of the Etiwanda Historical Society, she felt it is a great use. She expressed appreciation of the renovations of the Norton Fisher House. She supported the project. Commissioner Fletcher stated that he felt it is a symbiotic relationship that will suit the City well. He said his only concern was regarding the type of counseling services but he understood from Mr. Shafer that it would be mostly children and family counseling. He noted the brochure provided to the Commissioners indicated there are more serious types of counseling that Mr. Shafer stated would not be at the Rancho Cucamonga facility. He questioned if the Conditional Use Permit restricts the type of counseling conducted. Brad Buller, City Planner, stated the conditional use permit could be as restrictive as the Commission determines is appropriate. Commissioner Fletcher stated that he had no objections if it is restricted to family and child counseling. Commissioner McPhail concurred it is a great use and a great opportunity to bring the house into its prominence. Vice Chairman McNiel felt it is a great marriage and a great opportunity. Motion: Moved by McPhail, seconded by Stewart, to adopt the resolution approving Conditional Use Permit DRC2003-01015. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carded .. - - C. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-00719 - ' PACIFIC GLOBE, LLC-The development of a 2,947 square foot gas station and convenience store and 2,504 square foot fast food restaurant on 1.48 acres of land in the Village Commercial District, located at the northeast corner of Day Creek Boulevard and Highland Avenue - Planning Commission Minutes -3- February 11, 2004 APN: 1089-121-08 and 1089-401-66. Related Files: Preliminary Review DRC2003-00063 and Pre-Application Review DRC2003-00064. • Donald Granger, Assistant Planner, presented the staff report and noted staff received one telephone call and an email regarding the hours of operation and the availability of beer and wine. He reported staff also received two telephone calls supporting the use and those callers stated there are not gnough gas stations in the area. � Vice Chairman McNiel opened the public hearing. Joseph Karaki,Western States Engineering and Construction,733 North Main Street,Orange,stated he is the architect for the project. He agreed with the conditions. . Commissioner Stewart asked what it would do to the.operation if the City Council were to make a determination that beer and wine may not be sold. She also asked if there would be any public payphones outside of the building. Michael Brewer, 41715 Enterprise Circle North, #208, Temecula, stated he is the applicant's alcoholic beverage consultant. He noted that beer and wine sales only represent about 10 percent of their overall store sales, but it is an essential ingredient in order to be competitive in the market place to have the full offering of products a customer expects in a convenience store because they would lose the associated gas sales and convenience store sales for any customers who want to purchase beer and wine. He said it could have significant financial impacts on the viability of the project. Commissioner McPhail noted that the project is conditioned to include special landscape features including meandering sidewalks but the plans show a curb-adjacent sidewalk along Day Creek , Boulevard and Highland Avenue. She asked if there would be a problem with providing the required landscape amenities. Mr. Brewer indicated there would not. James Martin, 6527 Mimosa Place, Rancho Cucamonga, stated he was present to speak in opposition to the project as a whole. He said he was in opposition when the land was rezoned. He felt it was essentially taken from the residents of the Victoria Planned Community and given to a developer to market. He thought approval of a mini-mart is unnecessary with respect to what has already been approved in the area. He stated a Ralph's center and a mini-market are under construction. He observed there had been discussion regarding the sale of beer and wine and he noted there is a bar less than 1/4 mile away. He did not feel there should be four points for a person to buy alcohol in such a small area. He asked that if the Commission were to approve the project, that it make a strong recommendation to the City Council to deny the issuance of a finding of Public Convenience or Necessity. He commented that staff, in particularly Mr. Granger, had been wonderful in responding throughout the project. He also expressed appreciation to the developer for conducting a neighborhood meeting. He felt the use is not necessary. He said that one of the items raised in the neighborhood meeting was with respect to public safety and security. He believed mini- marts are an attractive nuisance and are known to have problems with gang activity and crime activity. He stated Police have stated that mini-markets are one of their major uses of concern. He noted this mini-mart would have easy on and off access to the freeway and he felt it would be inappropriate. Mr. Martin raised concerns regarding traffic. He said he has been a resident of the • area since June 1985. He noted the realignment of Highland Avenue necessitated by the freeway created a corner that drivers take much too fast and screeching tires are constantly heard. He acknowledged that the Traffic Department determined the numbers do not indicate there is a problem, but he felt one accident is too many and stated there have been at least 10 accidents or near accidents; i.e., people missing the turn and driving into the dirt, since he moved there. He noted the proposal calls for two lanes from Day Creek East merging to one and a left turn pocket at the easterly entrance. He said that means there will be cars stacking there waiting for westerly traffic Planning Commission Minutes -4- February 11, 2004 to go by with easterly traffic trying to merge into one lane and he felt there will be accidents caused by that coupled with cars coming out of the western exit illegally trying to make a left hand turn. He requested a hard median to prohibit a left turn coming out of the westerly drive access. He appreciated the condition to landscape the south side of Highland Avenue and asked for an opportunity to review the landscape plans. He believed mature trees should be there, as they would be there if the original landscaping had been left in place. He noted Victoria residents pay every year into the landscape and street lighting districts that would have covered the maintenance of the property that effectively was relocated from the south side of Highland Avenue to the north side. He said there was originally an open drainage culvert along the block wall with a large parcel of land to the north,which had grass and trees. He stated those trees would be mature today if they had been allowed to grow. He thought the area should be a park because the alignment of Highland Avenue took out the grassy area. He thought the landscaping should have been put on the north side because they have been paying into the Landscape Maintenance District. He opposed a 24-hour operation because he did not want to hear sirens from Police being called therein the middle of the night. He believed the photometric study addressed the lighting from the canopy but not the security lighting or reflective lighting. Mark McCullough, 6553 Mimosa Place, Rancho Cucamonga, concurred with Mr. Harris. He asked why the project should be developed all. He stated there have been a lot of changes in the area;i.e., the freeway, Day Creek Boulevard, and Ralph's, and those changes have brought a lot of noise. He said a service station is being installed on the northwest corner and he asked why another one is needed. Tim Wallace, 6520 Myrtle Court, Rancho Cucamonga, agreed with Mr. Harris. He asked Why a concrete divider is required on the west side of Highland Avenue and Day Creek Boulevard for the convenience store and Ralph's but there is not one being required here. He felt that if this development goes in, a median would reduce the traffic trying to come out and turn east on Highland Avenue. He noted there is not a turn pocket in the area. He appreciated the developer's willingness to lower the pad. He felt that the project would generate noise after midnight and that would be an inconvenience to the residents who live on the south side of Highland Avenue. Edwin Villaromen, 6561 Palo Verde Place, Rancho Cucamonga, stated the proposed gas station would be in front of his bathroom windows. He said he now knows when the bar doses because he hears engines revving and screeching tires. He thought the freeway noise is negligible compared with the traffic on Highland Avenue. He felt allowing the service station and mini-mart to operate 24 hours a day would create a security issue and an inconvenience from a noise issue. He believed truckers will stop there and it will become a 24-hour neighborhood because of the easy access to the freeway. He said the freeway noise subsides from 10:00 p.m. to 4:30 a.m. He commented that when he bought his home 2 1/2 years ago, there was a perimeter wall on the side of Highland Avenue that the builder did not disclose would have an opening and he was concerned it would be a security and noise issue. He said he called the City and spoke to Brad Buller and he got mitigations and what he wanted because it made sense. He believed Rancho Cucamonga is better than other cities and he expressed faith the Commissioners would look at the development from the perspective of the residents. Brett Holiday, 6591 Palo Verde Place, Rancho Cucamonga, stated many families on Palos Verde Place don't know about the project because the notification only went to properties within 300 feet of the project. He said that Palo Verde Place is on an incline so that he has an unobstructed view of the project from the ground up. He believed that even with recessed lighting, it would be a glowing temple at the end of his street of a gas station and mini-mart. He said he did not want to look at it every day and he felt it is aesthetically insensitive. He believed every homeowner on Palo Verde Place would oppose the project. Travis England,6573 Palo Verde Place, Rancho Cucamonga, stated he was opposed to the project. He believed the lighting would shine on the entire street because the pumps are going to be open Planning Commission Minutes -5- February 11, 2004 with the back of the market against Day Creek Boulevard. He also was concerned regarding security. He said he has two toddlers and he feared the bar would close at 1:30 a.m. and patrons will drive to the mini-mart and hang out at the service station and buy more beer and wine. He asked that mature 20-40 foot palms be required if the project is approved. Candice Fowler, 13205 Catalpa Street, Rancho Cucamonga, supported the project. She felt there are not enough service stations on the east side of the City. She said that stretch of the street is very dark at night and she believed light from the project would help. She noted there will be another service station on the opposite corner and did not feel this one will add any additional burden for anyone. She felt the City needs the revenue and a freeway on and off ramp is a perfect place for a service station. She said she could empathize with the residents as she too has development next to her house right now and it is not fun having construction there. She believed it would help to heavily landscape on the south side of Highland Avenue and that would make it more beautiful. She thought it would not be a safe place for a park. She agreed that the lighting must be sensitive to surrounding residents. She did not believe there is that much traffic on Highland Avenue. She indicated people could leave'the bar and go to Ralph's and buy alcohol if that was their intention. She felt it would be a benefit to have more services at the east end of the City. Gary Schwary, 2243 North Palm Way, Upland, stated he is a Planning Commissioner for the City of Upland. He stated he knows the developer because he has a service station and car wash on the northwest corner of Foothill Boulevard and Benson Avenue. He commented the business is always kept clean and is managed well with good security. He said the crime statistics are low for the location. He commented that the developer was held to strict development standards including lowering the elevations by 3 to 3 1/2 feet. He noted the developer lives in Upland and he felt the project would be managed well. Mike Singelyn, Lewis Retail Center, 1156 North Mountain Avenue, Upland, stated they are selling the property. He said the developer has addressed all recommendations from the City and Lewis felt he is taking every step necessary to model the excellence that Rancho Cucamonga desires of other developers. Tony Dehbozorgi, Chief Financial.Officer, Pacific Globe, LLC, 1639 West Foothill Boulevard, Upland, stated he sympathizes with the residents of the area. He said they have gone above and beyond everything asked of them by staff. He acknowledged there were concerns about the beer and wine and he said he was willing to consider other conditions regarding the off-site sale of beer and wine. He said they have been involved with service station/car wash/shopping centers for over 20 years and the closest development to this area is Rancho Mobil off of Masi. He said he and a partner built that center and he feels it is one of the best stations in Rancho Cucamonga. He observed they sell beer and wine there and there have been no issues with loitering, theft, or security. He noted they have 24-hour surveillance cameras in all of their centers throughout southem Califomia and have not had any security issues. He said he was willing to answer any questions. Vice Chairman McNiel noted there is a prohibition of the sale of beer and wine from 2:00 am. to 6:00 a.m. He commented there had been concerns raised about the 24-hour operation of the station. Mr. Dehbozorgi replied that it is necessary for any service station to be open 24 hours a day in order to remain in business. He requested the same conditions that were imposed on the development across the street, which will be operating in a few months. He also noted that oil companies would not tell them when they will deliver gas; therefore it is imperative that they be open 24 hours. Commissioner Stewart asked if the applicant would be willing to have on-site security personnel. Mr. Dehbozorgi responded affirmatively. He observed they will have 24-hour surveillance cameras all over the parking lot, around the drive thru for the fast food, inside, and outside under the Planning Commission Minutes -6- February 11, 2004 canopies. He said that if a security person were warranted from 10:00 p.m. to 6:00 a.m.,they would do so. Mr. Martin questioned why the developer was given an opportunity to rebut public testimony at this time. Mr. Martin felt the developer had already made his presentation. Vice Chairman McNiel stated earlier the project architect spoke. He said that anyone could speak. Mr. Martin thought the testimony was essentially a rebuttal to the public testimony. Tamara Oberhauser, 6635 Palo Verde Place, stated she was not within the notification area. She said her home is two doors away from the notification area and she felt her neighborhood would be greatly impacted. She indicated she heard of the hearing from another neighbor who was coming and asked her if she planned to attend. She said she had no information about the development other than what she heard this evening. She asked that the Commission consider that there are other neighbors in the housing tract on Palo Verde Place and other streets in Victoria that might have similar concerns, as they will be seeing the structure every day as they drive or walk on the street. She asked that the Commission consider notifying all people who would have a view of the structure from their house. ` • Hearing no further testimony, Vice Chairman McNiel dosed the public hearing. • Commissioner Fletcher stated there were a lot of issues with the project and it appeared that the applicant diligently worked with staff to solve most of the issues. He noted a lot of conditions were attached to the project. He thought the applicant stepped up and tried to do the best he could with the development on this property. He said the City is sensitive to the.concems of the neighborhood and the use would be approved under a conditional use permit. He stated that a lot of the concems ' regarding after-hours noise, beer purchases could be reviewed at a future time if there are problems. He believed the applicant did a good job of trying to resolve most of the issues and he felt it is a good project. Commissioner Stewart noted the project is zoned Neighborhood Commercial and she presumed something would go there. She felt it would always be some sort of a service station, convenience store,or fast food because the parcel is limited in size and the access to it is somewhat problematic. She did not feel the parcel would lend itself to other uses. She indicated certain conditions are applied. She asked that a condition barring public telephones be included. She requested that security be placed on site, particularly from Friday through Sunday beginning at 8 p.m. She thought the hours could be worked out with staff. She felt the on-site security was necessary to address any issues of loitering because she felt cameras do not fully do the job. She observed the project requires a conditional use permit and noted that any issues resulting from the use can be brought before the Commission at any time for review and the Commission can rescind the permit. She thought the residents have some protection and stated she felt something would go on the corner. She was not convinced that there will be lighting problems but noted there will be some light in the area and she thought that might be good from a security standpoint. She said the Design Review Committee took pains to be sure the residents would not be unduly impacted. Commissioner McPhail stated the Design Review Committee worked with the applicant and staff to make it an attractive center and to mitigate the noise. She concurred with Commissioner Stewart that something will go on the corner. She did not think it would be incompatible to have a service station on the comer. She supported the project. She stated that it does not help the cause to have a Planning Commissioner from another City lobby on behalf of an applicant. She observed the ' Commission is to be unbiased in its review of the project. Vice Chairman McNiel stated that the Commission is charged with acting in the best interest of the City at large although it is done neighborhood by neighborhood. He said that when he first came to Planning Commission Minutes -7- February 11, 2004 the City, there were a great number of service stations relative to the population at that time but the stations were virtually all on Foothill Boulevard and they are mostly gone now. He believed the City is in dire need of services for residents because the City now has a population of approximately 150,000 and is still growing. He felt freeway-adjacent service stations make sense. He thought that they are one of the least impactive freeway-adjacent uses if there is appropriate security. He believed it makes good planning sense. He said that staff does a terrific job of reviewing projects before they get to the Design Review Committee and the Committee checks everything. Hq had faith in the job that staff and the Commission did. He wanted to be sure the landscaping on the south side of Highland Avenue is very dense. He felt it is an appropriate project for the site. He asked that corrections be made during construction if anything was missed. He wanted to be sure it is the best and least intrusive project possible. Commissioner Fletcher did not feel it was appropriate to burden the applicant with a requirement for on-site security at this time and said he would prefer it come back to the Commission for a review in 3 to 6 months for a discussion of on-site security. He noted there would be employees and security cameras there 24 hours. He noted there a lot of service stations along the freeway that are not required to have on-site security and he preferred the matter be brought back for review. Commissioner Stewart stated she would not rescind her security motion as she thought it needs to be on site and said it had been done at other locations. She asked that a condition be added that the project be reviewed by the Planning Commission 6 months after opening, including crime statistics. Commissioner McPhail noted that some of the speakers requested that the landscaping be reviewed and she asked that the landscaping plans be brought to the Design Review Committee as a Consent Calendar item. Brad Buller, City Planner, clarified the conditions he heard the Commission request. He said he heard a request that there be no public telephones, that there be on-site security Fridays through Sundays from 8 p.m. and he suggested it be to 6:00 a.m. Commissioner Stewart agreed 6:00 a.m. would be acceptable. Mr. Buller indicated he heard a request that the project be reviewed 6 months after opening to review crime statistics of the property and surrounding neighborhood issues, and that the final landscape plan be reviewed by the Design Review Committee. He observed that the Commission had correctly stated that the project could be reviewed even before 6 months if there are issues. He said that the residents would need to produce the evidence that there is a problem and the Commission would then hold an evidentiary hearing. Motion: Moved by Stewart, seconded by McPhail, to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit DRC2003-00719 with the modifications listed by Mr. Buller. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried The Planning Commission recessed from 8:20 p.m. to 8:30 p.m. D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16644-CHARLES JOSEPH ASSOCIATES-A request to subdivide 3.33 acres of land into 16 single-family lots in Planning Commission Minutes -8- February 11, 2004 • the Low-Medium Residential District (4-8 dwelling units per acre) located on the west side of Beryl Street between Mignonette Street and Cielito Street-APN: 0202-741-64 and 0202-751-36 and 37. Related File: Tree Removal Permit DRC2003-01040. Commissioner McPhail recused herself because her firm receives remuneration from the applicant. Dan Coleman, Principal Planner, presented the staff report. He reported that a letter had been received from Jason Hoover, a resident who lives directly east of the project. He said the resident was concerned that the headlights from vehicles coming out of the cul-de-sac would be directed into his house. Mr. Coleman distributed an exhibit showing that Mr. Hoover's house is north of the north curb line of the cul-de-sac and commented that headlights of cars exiting the cul-de-sacwould shine at the northwest comer of the house immediately south of Mr. Hoover. He noted Mr. Hoover also raised concern that the street is not fully widened on the east side of Beryl Street where there are existing homes that were built prior to City incorporation. Mr. Coleman stated that this development would completely widen the west side of Beryl Street,thus improving traffic flow on Beryl Street. He stated the third concern was with additional traffic the project will generate. Mr. Coleman stated that 16 homes should generate only about 50 vehicle trips per day spread out over the day and staff believes that is not a significant amount of traffic. He thought Mr. Hoover's main concern has to do with existing traffic levels. He acknowledged there is traffic during peak hours from the high school on Base Line Road. Vice Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, stated the worked closely with staff to address all pertinent issues with respect to site configuration, taking into account improvements to the north and east and existing drainage facilities that run through the private street. He concurred with the conditions. He stated the project would improve traffic safety on Beryl Street when the street improvements are done. Jason Hoover, 6905 Beryl Street, Rancho Cucamonga, stated he was concerned that the headlights from cars will shine into his living room as they tum onto Beryl Street from the proposed tract. He worried that he would need to disclose that fact when he sells his property and it would negatively affect the value. He noted that the proposed average lot size is 6,393 square feet and he only has a 5,885 square foot lot. He observed there is a 7-foot jog into Beryl Street in front of his property, so that the street width will not meet the 66-foot minimum requirement regardless of any street improvements on the west side of Beryl Street. Vice Chairman McNiel asked for clarification on the width. Dan Coleman clarified that Mr. Hoover was referring to right-of-way width rather than pavement width. Mr. Hoover stated he was opposed to the development because he did not feel that he or any of the homeowners on the east side of Beryl should pay for anything for the development. Vice Chairman McNiel requested clarification on what the right-of-way would include. Mr. Coleman indicated it would include the sidewalk and parkway. Dan James, Senior Civil Engineer, stated that the attachment to Mr. Hoover's letter shows the 58-foot street width in front of his house and to the south. He said there is an aggregate composite berm that is not at the ultimate location where the ultimate curb and gutter will go. He noted this development would improve the west side of Beryl Street and that would help out the situation and fulfill the applicant's conditions by completing the frontage improvements. He said the existing aggregate composite berm on the east side and the restriction in the street is an acceptable situation Planning Commission Minutes -9- February 11, 2004 that has been there for years and the 16 lots would not impose any further impact regarding the street situation. Vice Chairman McNiel stated the existing condition has been in place and it will not be changed unless there is further development. He said this development would improve the condition because it will make improvements on the west side of the street; therefore, it will be wider on the west side. Mr. Hoover stated that cars go well over 80 miles per hour going by on Beryl Street and he feared someone traveling north will run off the road into one of the houses on the east side as they try to pass by on the right of a vehicle waiting to turn left into the development. Mr. Bouquet noted that the project will eliminate three existing driveway accesses onto Beryl Street and there will be no driveways allowed onto Beryl Street and the street will be widened over what . currently exists so it will be safer. Hearing no further testimony, Vice Chairman McNiel closed the public hearing. Commissioner Stewart felt the improvements brought about by the development will far outweigh the negatives and she noted it is only 16 lots. She supported the project. She pointed out that the Design Review Committee observed that the lots are tight and, the Committee stressed that variances for setbacks would not be acceptable. Commissioner Fletcher felt the project was a straightforward map and it will complement the neighborhood. He believed that many times when a new development is contemplated, concerns raised are greater than the actuality. He stated that when Barratt Development built a large development across the street from his neighborhood, nearly all of the concerns raised by residents did not materialize. He said there are many more homes that were added in his neighborhood and it did not result in great traffic problems. He noted the project is only 16 lots and he did not think it would cause traffic problems. Vice Chairman McNiel stated that most of the time new development elevates the value of surrounding existing residences. Motion: Moved by Fletcher, seconded by Stewart, to issue a Negative Declaration and adopt the resolution approving Tentative Tract Map SUBTT16644. Motion carried by the following vote: AYES: FLETCHER, McNIEL, STEWART NOES: NONE ABSENT: MACIAS ABSTAIN: McPHAIL - carried • E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16651 - FUSCOE ENGINEERING (TUSCANY VILLAS AT REDHILL)-A residential subdivision for condominium purposes on 6.90 acres of land in the Foothill Boulevard-Cucamonga Channel Mixed-Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard,west of the Cucamonga Channel - APN: 0207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002-00441, Development Review DRC2003-00847, Variance DRC2003-00848, and Tree Removal Permit DRC2003-00849. F. VARIANCE DRC2003-00848- FUSCOE ENGINEERING(TUSCANY VILLAS AT REDHILL)-A request to increase the maximum building height and maximum retaining wall height permitted in the hillside area, for a proposed 92 condominium development on 6.90 acres of land in the Foothill Boulevard-Cucamonga Channel Mixed-Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, west of the Cucamonga Channel - Planning Commission Minutes -10- February 11, 2004 APN: 0207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002-00441, Tentative Tract Map SUBTT16651, Development Review DRC2003-00847, and Tree Removal Permit DRC2003-00849. NEW BUSINESS G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00847-FUSbOE ENGINEERING (TUSCANY VILLAS AT REDHILL)—The design review of building elevations and detailed site plan for 92 condominiums consisting of 4 and 6 unit clusters on 6.90 acres of land in the Foothill Boulevard-Cucamonga Channel Mixed-Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, west of the Cucamonga Channel - APN: 0207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002-00441, Tentative Tract Map SUBTT16651, Variance DRC2003-00848, and Tree Removal Permit DRC2003-00849. Warren Morelion, Assistant Planner, presented the staff report. Vice Chairman McNiel opened the public hearing. Guy Roney, K&S Property,26901 Highwood Circle, Laguna Hills, stated they listened to the City and implemented the comments from staff and the Commissioners. He felt it is a quality product. He indicated that his engineer and architects were in the audience if there were any questions. Renee Massey, 8088 Camino Predera, Rancho Cucamonga, stated she went to the neighborhood meeting and she feels it is a wonderful, classy project. Hearing no further testimony, Vice Chairman McNiel closed the public hearing. Commissioner McPhail stated the applicant worked with staff and took comments from the Design Review Committee and did some research on the Tuscany style. She felt the result is a vastly superior product. She said they were a pleasure to work with and she believed what they have proposed is a nice treatment. She thought the landscape opportunities would be a nice amenity for the streetscape. Commissioner Stewart observed there is no available parking along Foothill Boulevard and the developer was asked to take a hard look at the parking. She noted they provided 9 spaces above what the Code calls for and she was willing to support the project. She felt parking may continue to be a problem for multi-family units. She appreciated that the applicant addressed the comments that were raised. Commissioner Fletcher stated he sat in on the Planning Commission meeting that approved changing of the zoning for this property and he was initially concerned but he felt it worked out well and the project is very attractive. Vice Chairman McNiel asked about the sliver of land between the railroad right of way and Foothill Boulevard. Brad Buller, City Planner, stated that land is not buildable but could be landscaped. Vice Chairman McNiel reopened the public hearing for comment from the applicant. Mr. Roney stated they also want to be sure it is landscaped and they are working with Cameo Homes. He said that as they develop their landscaping plan, it would come before the City. Planning Commission Minutes -11- February 11, 2004 Vice Chairman McNiel again closed the public hearing. He asked if the street access would be signalized. Mr. Buller responded it would be a signalized intersection with the project to the south. Vice Chairman McNiel supported the project. Motion: Moved by McPhail, seconded by Fletcher to issue a Negative Declaration and adopt the resolutions approving Tentative Tract Map SUBTT16651, Development Review DRC2003-00847, and Variance DRC2003-00848. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried H. DEVELOPMENT REVIEW DRC2003-01246-AMC THEATER-The design review of elevations for a 12-plex Multi-Cinema, 2 story, 61,283 square foot movie theater(AMC) in the Mixed-Use District of the Victoria Community Plan in the Victoria Gardens Regional Shopping Center, located at the southeast corner of Cultural Center Drive and Kew Avenue-APN: 0227-201-35. Brent Le Count, Associate Planner, presented the staff report. Vice Chairman McNiel invited public comments. Kevin Trottman, President, STK Architects, 2575 South San Jacinto Avenue,stated they enjoyed the process of working with staff. He indicated they implemented the suggestions from the Design Review Committee. He said AMC and his firm are excited about moving ahead and the whole Victoria Gardens project. There were no additional public comments. Commissioner Stewart stated she was happy with the project. Vice Chairman McNiel asked for clarification that there are some buildings in front of the project adjacent to North Mainstreet. Brad Buller, City Planner, confirmed that was correct. Vice Chairman McNiel asked about the enhanced embellishments. Mr. Le Count responded there will be increased applications of the stone wainscoting that will come up to almost 13 feet high on the corners and in some intervals along the north and east elevations. Vice Chairman McNiel asked if there would be any vines growing on the building to soften the appearance. Mr. Le Count replied there is heavy landscaping along the north elevation in general, primarily in the form of Canary Island Palm trees. Motion: Moved by Stewart, seconded by Fletcher, to adopt the resolution approving Development Review DRC2003-01246. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried Planning Commission Minutes -12- February 11, 2004 Mr. Buller stated the applicant was very good to work with and they want to be open at the same time as the mall. Vice Chairman McNiel asked the schedule for construction of the front buildings. Mr. Buller replied the two restaurants are currently under construction PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Commissioner Fletcher noted that the January 14 minutes were correct in what was said regarding a request form Cathy Gray for a signalized left turn lane. He thought the conversation at the time was with the assumption that there was not a left-turn lane there. He said he subsequently saw that there is a left turn lane, but it is not signalized. He mentioned that Traffic might want to look at signalizing it for left-turns. Dan James, Senior Civil Engineer, replied that the Traffic Engineer already studied the intersection and has written a response that he would forward to Ms. Gray. Brad Buller, City Planner, asked that a copy of the response also be forwarded to the Commissioners. • Commissioner Fletcher stated there are more neighborhood retail centers along the 210 Freeway. He stated there are existing businesses that are perplexed about not being able to have any signage facing the freeway. He felt it was important to have the retail centers provided with some sort of signage as it brings retail dollars if it pulls patrons from the freeway. He thought the Commission should discuss the issue. He said he was not looking for full signs. Mr. Buller thought it might be a subject matter the Commission would like to address. He said staff could present what the current codes say and don't say about signs. He stated staff is hearing that every service station wants a pylon or a tower with their name on it. He indicated staff has encouraged the stations to have their logo placed on the freeway on the Caltrans freeway information signs. He noted it is sometimes done for restaurants as well. Commissioner Fletcher thought it might be more appropriate at a workshop. Vice Chairman McNiel asked that it be placed on a future agenda for discussion. Mr. Buller noted that he and the Code Enforcement Supervisor would be speaking at the Chamber of Commerce luncheon on February 18 regarding signs, particularly temporary signs. Commissioner Fletcher felt that in many cases business owners are not aware of the restrictions and feel they can slap a banner or a sign wherever they wish. Planning Commission Minutes -13- February 11, 2004 ADJOURNMENT Motion: Moved by McPhail, seconded by Stewart, carried 4-0-1 (Macias absent), to adjourn. The Planning Commission adjourned at 9:15 p.m. Respectfully submitted, B djo. erW S- = ary • i Planning Commission Minutes -14- February 11, 2004