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HomeMy WebLinkAbout2003/09/24 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 24, 2003 Chairman Macias called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:14 p.m. The meeting was held in the Board Room at Cucamonga County Water District, 10440 Ashford Street, Rancho Cucamonga, Califomia. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Rich Macias (arrived 8:20 p.m.), Cristine McPhail, Larry McNiel ABSENT: Pam Stewart STAFF PRESENT: Brad Buller, City Planner, Dan Coleman, Principal Planner; Kirt Coury, Associate Planner; Nancy Fong, Senior Planner, Dan James, Senior Civil Engineer; James Markman, City Attorney; Debra Meier, Associate Planner; Flavio Nunez, Assistant Redevelopment Agency Analyst; Gail Sanchez, Planning Commission Secretary; Lori Shriver, Planning Technician; Mike Smith, Planning Technician; Alan Warren, Associate Planner, Emily Wimer, Assistant Planner ANNOUNCEMENTS Mr. Buller indicated that action on the minutes should be delayed until the arrival of Chairman Macias in order to have a quorum. APPROVAL OF MINUTES No action was taken at this time. CONSENT CALENDAR A. VACATION OF A 10-FOOT WIDE EASEMENT FOR STREET TREE MAINTENANCE PURPOSES (V-194)—KB HOME—A request to vacate a 10-foot wide easement for street tree maintenance purposes, located on the south side of Terra Vista Parkway, east of Coyote Canyon Park—APN: 1077-831-32. Related file: Tract Map SUBTT15724. B. VACATION OF NORTHTOWN AREA ALLEYS (V-195) — NORTHTOWN HOUSING DEVELOPMENT COMPANY-A request to find the vacation of portions of two alleys, generally located on the south side of Feron Boulevard west of Hermosa Avenue, in conformance with the General Plan — APN: 0209-085-08, 09, 10, 24, and 25. Related file: Minor Development Review DRC2003-00328. C. DEVELOPMENT REVIEW DRC2003-00569 — CRESTWOOD CORPORATION - A design review of building elevations and detailed site plan for 10 single family lots within approved Tentative Tract Map SUBTT16253 on 7 acres of land in the Very Low Residential District(.1-2 dwelling units per acre) of the Etiwanda Specific Plan, located on the north side of Victoria Street between Etiwanda Avenue and Grape Place-APN: 0227-041-18 and 19. Related file: Tract Map SUBTT16253. D. DEVELOPMENT REVIEW DRC2003-00549 - AMBLING WEST CONSTRUCTION, INC. - A request for 36 single-family attached townhomes on 3.56 acres of land in the Medium Residential District(8-14 dwelling units per acre), located at the southeast corner of Archibald Avenue and Church Street-APN: 1077-861-01 through 36. Related files: Tentative Tract Map 14875 and Minor Development Review DRC2003-00263. On January 9, 1991, a Negative Declaration was adopted by the Planning Commission for Tentative Tract Map 14875 and related Design Review. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. Commissioner McPhail recused herself from acting on Item A as her firm receives remuneration from the applicant. Item A was pulled from the Consent Calendar for action later in the evening. Vice Chairman McNiel asked for confirmation that the grading was already done on Item D and the review was only for design. Brad Buller, City Planner, confirmed that was correct. Motion: Moved by McPhail, seconded by Fletcher, to adopt Items B, C, and D on the Consent Calendar. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL NOES: NONE ABSENT: MACIAS, STEWART - carried PUBLIC HEARINGS E. ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00858- FOOTHILL CROSSING, LLC - The review of a Development Agreement for a proposed shopping center of up to 315,000 square feet, that includes in-line retail stores and individual retail pad buildings on 60 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial District of the Victoria Community Plan - APN: 0229-021-62, 63, and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Tentative Parcel Map SUBTPM16033, and Conditional Use Permit DRC2002-00839. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. F. ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT GPA2002-00002- O & S HOLDINGS, LLC - A request to amend the General Plan Transportation Section of Chapter III to re-designate portions of Day Creek Boulevard south of Foothill Boulevard from a Secondary Street to a Collector Street and Modified Collector Street-APN: 0229-021-62, 63, and 64. Related Files: Development Code Amendment DRC2003-00616,Tentative Parcel Map SUBTPM16033, Conditional Use Permit DRC2002-00839, and Development Agreement Planning Commission Minutes -2- September 24, 2003 DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. G. ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT CODE AMENDMENT DRC2003- 00616 - CITY OF RANCHO CUCAMONGA - A request to amend Chapter 17.30 of the Development Code to re-designate the Industrial Districts Subarea 8 portion of Day Creek Boulevard south of Foothill Boulevard, east of Rochester Avenue from a Secondary Street to a Modified Local Collector Street - APN: 0229-021-20, 34, 47, 53, 54, and 55. Related Files: General Plan Amendment GPA2002-00002,Tentative Parcel Map SUBTPM16033,Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. H. ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUBTPM16033-O&S HOLDINGS, LLC-A request to subdivide 60 acres of land into 12 parcels and pubic right-of-way dedication as part of a proposed shopping center on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial district of the Victoria Community Plan-APN:0229-021-62,63, and 64. Related files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. I. ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND CONDITIONAL USE PERMIT DRC2002-00839— O & S HOLDINGS, LLC-The review of the site plan and architectural elevations for a proposed shopping center of up to 315,000 square feet, including in-line retail stores and individual retail pad buildings, on 60 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial District of the Victoria Community Plan -APN: 0229-021-62, 63, and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Tentative Parcel Map SUBTPM16033, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the Califomia Environmental Quality Act. Alan Warren, Associate Planner, presented the staff report and indicated staff wished to delete Engineering Condition 16 requiring dedication of a right of way for freeway improvement on Tentative Parcel Map SUBTPM16033 and Conditional Use Permit DRC2002-00839. Commissioner Fletcher requested clarification with respect to a Collector Street as opposed to a Secondary Street. Dan James, Senior Civil Engineer, stated that when the City was master planned, it was felt Day Creek Boulevard should be a Secondary Street with four lanes (two lanes in each direction), plus a middle lane and center divider for a total of 88 feet of right of way; however a new study determined that a Collector Street with one lane in each direction and a 66-foot right of way would be sufficient. He noted it will be modified at Foothill Boulevard to widen the roadway to allow dual left turn lanes in each direction. Vice Chairman McNiel asked if it would make the transition at the roundabout to a single lane. Mr. James confirmed that was correct. Planning Commission Minutes -3- September 24, 2003 Vice Chairman McNiel opened the public hearing. Michael Lawson, 0 & S Holding, LLC and Foothill Crossing, LLC, 11611 San Vicente Boulevard, #500, Los Angeles, essentially agreed with the staff report. He noted that the Development Agreement only applies to 44.5 acres. He requested deletion of Planning Condition 3, requiring the addition of natural river rock accents on in-line buildings and asked that they be allowed to use stack stone instead of natural river rock if rock accents are added. He said they prefer no stone or stack stone because they feel that is more representative of historic wineries in the region. Hearing no further testimony, Vice Chairman McNiel dosed the public hearing. He recalled that the use of natural river rock instead of stack stone was discussed at either the Design Review Committee meeting or a previous workshop and the relationship of river rock to the local area and history was discussed. Brad Buller, City Planner, confirmed that staff and the Design Review Committee indicated that natural river rock is the appropriate rock material. He noted that Day Creek Boulevard has a major rock theme and it was not the intent of staff to require rock on the buildings, but rather it could be used as an accent material, such as in pilasters and landscaping. He suggested modifying Planning Condition 3 to allow the minor use of stack stone subject to review and approval by the City Planner. He noted the applicant called out stack stone in front of the garden center and he indicated staff would abide by the Commission's decision. Commissioner McPhail observed she had viewed the project in the Pre-Application Review and at the Design Review Committee meeting. She felt it will be a fine project and a good place for patrons to go. She believed the architecture is true to the area and reflective of the winery and Route 66 theme. She preferred river rock as opposed to stack stone but was willing to give discretion to the City Planner to allow stack stone in context. Commissioner Fletcher stated he sat in on the Design Review Committee process. He likewise was willing to defer to the City Planner to work out the use of stack stone with the applicant. He was impressed with the design and felt the applicant could work with staff. He liked the Route 66 touches. Vice Chairman McNiel felt it is a great project and will be a good addition to the community. He observed he had been at a store in Temecula recently where the stack stone was being replaced on buildings because it had become detached. He liked the look of the buildings but expressed concerns about the use of stack stone. He noted river rock is used in many historic buildings in the area. He was willing to give the City Planner discretion with respect to the use of stone. He felt that if both stack stone and river rock are used, he would like to see river rock as the dominant material. He asked for the use of river rock in the street scene. Motion: Moved by McPhail, seconded by Fletcher to adopt the resolutions recommending approval of the Addendum to the 2001 General Plan Final Environmental Impact Report and the resolutions recommending approval of Development Agreement DRC2003-00858, General Plan Amendment GPA2002-00002, Development Code Amendment DRC2003-00616, Tentative Parcel Map SUBTPM16033, and Conditional Use Permit DRC2002-00839 with modifications to delete the requirement for dedication of the right of way for freeway improvement and to allow minor use of stack stone subject to review and approval of the City Planner. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL NOES: NONE ABSENT: MACIAS, STEWART - carried Planning Commission Minutes -4- September 24, 2003 J. APPEAL OF DENIAL OF CONDITIONAL USE PERMIT DRC2003-00468 - GOODWILL INDUSTRIES-A request to operate a non-profit second-hand store of 9,500 square feet within an existing shopping center in the Neighborhood Commercial District,located at 9749 Base Line Road -APN: 1077-011-50. Mike Smith, Planning Technician, presented the staff report and indicated staff received five letters of opposition from other tenants in the shopping center and a FAX from Goodwill listing tenants in other centers with Goodwill stores. He stated that if the Commission decided to allow rear unloading, the Resolution of Approval would have to be revised because it prohibits loading/unloading in the rear of the building. Vice Chairman McNiel opened the public hearing. Tracy Powers,Vice President of Retail Operations, Goodwill Industries Southem California,342 San Fernando Road, Los Angeles, presented a brief overview of the purpose of Goodwill Industries and its operation. He stated they have 36 stores in Los Angeles, San Bernardino, and Riverside Counties and provided vocational training and job placement services for over 6,000 people with disabilities and other disadvantages in the last year. He said the two comments they most often hear when opening new stores are that they do not belong in high-income areas and that their stores are a magnet for trash. He indicated their most successful store on a per capita basis is in Santa Clarita, a community with a median household income of$96,000 per year. He said that disposable income generates both customers and donors. He acknowledged some of their donations are trash and a few donors drop off in the night but said Goodwill is proactive in dealing with trash by generally establishing an early morning clean up routine. He commented that shopping centers are notorious dumping grounds for trash but Goodwill generally takes the blame for any illegal dumping so any items not suitable for sale in the store are picked up daily and hauled away. He said they perform a valuable service of hauling away trash that would normally be hauled away by the shopping center owner. He reported that in the past year over 1,000,000 people donated to Goodwill and over 30,000 tons of material was sold or recycled. He stated they received one housekeeping complaint that they dealt with by revising their transportation schedule. He asserted there is no evidence that having Goodwill as a neighbor causes any negative consequences. He commented they are simply operating a retail store that sells donated goods and their customers are primarily women over the age of 45 who live within 5 miles of the store. He said they have never been in a situation where there was an attempt to close any of their stores because of cleanliness, noise, crime, or for any other reason. He commented that the Mayor had visited several of their stores and he hoped the Commissioners had done the same. Commissioner McPhail asked if their employees are developmentally disabled or economically disadvantaged. Mr. Powers stated that last year they helped over 6,000 people. He noted that generally the employees come from the community. He indicated that if developmentally disabled individuals were employed, an on-site job coach would supervise them. Commissioner McPhail asked how many people in this area have been helped and placed. Mr. Powers said they do community outreach in some areas by having a community/career center within the store to help do job research,write resumes, get them online, etc.;however they would not have those services in this store because of size. Commissioner Fletcher asked about drop offs in the back. Mr. Powers said Rancho Cucamonga is a popular location for retail business and he felt the community would be a good source of donations. He indicated they researched the area and this was the only site where they could locate their store under the conditional use permit process. He Planning Commission Minutes -5- September 24, 2003 said they would prefer a store with a wider frontage so they could have a separate entrance for drop offs at the front of the store. Because of the narrow 60-foot frontage, he felt it would be more appropriate to collect the goods at the rear of the store. He said they do that in other locations where there is no second front door. He indicated rear drop-off access would not be a deal breaker, but it would be preferred by Goodwill. Commissioner McPhail noted there is a collection site at Arrow and Haven. Mr. Powers said they have a shipping container there and it is the only one in the City. Commissioner Fletcher asked if Mr. Powers said it is the only location available. Mr. Powers confirmed it was the only one they could find that was vacant and available to them. Vice Chairman McNiel asked if repairs are made to the donated items on site when needed. Mr. Powers responded that about 25 percent of the total store area would be devoted to sorting donated goods and anything not suitable (damaged, stained, etc.), is not put on store floor. He noted they do not sell damaged goods, such as items missing buttons, etc. He explained that only about 50 percent of the donated goods are placed on the selling floor. He said they daily truck the excess goods to a Goodwill salvage operation (closest one in San Bernardino),where they recycle portions of those products for sale prior to disposal. He indicated they use the funds collected to train in skills such as truck driving, word processing, etc. Commissioner Fletcher asked the size of the Fontana store. Mr. Powers replied the Fontana store is only 8,000 square feet and they plan to expand it or move it when the lease expires in 2005. Commissioner Fletcher asked if goods are dropped off after hours on occasion. Mr. Powers acknowledged that happens and said that is why they have a truck come each morning to remove any items that are not suitable. Kevin Kemper, attomey representing Goodwill, 1999 Avenue of the Stars,Los Angeles,thanked staff for checking with surrounding localities for feedback regarding the Goodwill operation. He noted there are a lot of other types of second-hand stores. He felt their operation complies with the findings necessary to obtain a conditional use permit. He thought the use will not be detrimental to the center or the surrounding He said that typically shopping centers welcome them; however the ownership of this center is unusual. He explained that Goodwill proposes to lease the space from Travis, which subleases from Albertsons, which leases from the center owner. He said because Albertsons pays for the lease, the center owner gets its money even if the site is not leased. He noted the space has been vacant for quite a few years and he felt an empty store is more of blight on a center than a Goodwill store would be. Cathryn DeYoung, 355 South Bristol Street, Suite C, Costa Mesa, stated she and her father-in-law, Roger DeYoung, have owned the center for 25 years. She agreed that although they own the property they are not able to select the tenant of the property. She said that categorically Goodwill does good work. She felt this is an unusual location for Goodwill. She stated that the back area is a narrow fire access alley. She said that if two cars are there for a drop off or items are discarded there, it means the fire area is blocked and it would not help to have the items removed the next day because it would be blocked in the meantime. She noted that a Senior Plans Examiner in the Fire and Safety Division indicated there would not be a problem so long as the fire lane remains clear but she was concerned that he may not have visited the site. She was also concerned that items will be dropped off in front at night. Planning Commission Minutes -6- September 24, 2003 Craig Dootson, property manager, 234 East 17th Street, #209, Costa Mesa, expressed concerns about cleanliness and noted that Goodwill has acknowledged that dumping will occur. Hs observed the rear of the center is gated at night from 9:00 p.m. to 7:00 a.m. and he feared people would dump right outside the gate after those hours, which is adjacent to Archibald Avenue. He said this is a shopping center and should not be a drop-off center. He noted that Goodwill admitted this is not really a good fit, but it is the only site they could find at this time. He felt that even if appropriate conditions were applied, the donors would not know the restrictions. He said he has managed the property for 20 years and he felt the other tenants are all opposed as are surrounding residents. Frederick Chan, 9713 Base Line Road, Rancho Cucamonga, stated he is the owner of Econo Drugs in the shopping center. He opposed the project and felt the store is incompatible with the center. He said the operation is not the same as the rest of the center because it accepts donations and the center is not designed for that function because there is no direct access to the store from the back. He stated the alley is not designed for customers to go there, as it is necessary to exit onto Archibald to enter the back alley. He indicated his store is the closest to Archibald Avenue. He said people have been dumping goods in the area. He noted that Albertson's trucks can arrive at any time and he felt the alley is not place for pedestrians. He thought leaving goods by the back door would invite scavengers and homeless people. He felt Goodwill should find another location that would be more suited to its operation. He believed a small amount of donations may be easy to handle, but a 9,000 square foot store would attract large donations. Carol Springstead, Penson Partners, 1840 Tradewinds Lane, Newport Beach, stated she is the broker marketing the property and she has diligently tried to market the property for the past four years. She said they finally secured Dollar Tree, a tenant that does well in affluent areas. She observed that left almost 10,000 square feet to be leased and they located Goodwill, which she believed would be a good tenant. She felt that when a store is vacant, there are typically dumping problems. She said there are other centers in the area where Albertsons co-tenants with Goodwill and there are no problems. She asserted that Goodwill works well with other major tenants. Chairman Macias arrived. Nicole Caruso, Slim and Tone, 9795 Base Line Road, Rancho Cucamonga, acknowledged that Goodwill does good things. However, she did not think it would be good for this center. She noted that Goodwill has said there will be drop offs at night. She said she has worked at large grocery stores that removed drop-off containers because of the trash. She felt it should not be put in this center because she feared it would hurt her business. Bianca Corona, 7433 London Avenue, Rancho Cucamonga, stated her home is located just behind the back wall. She said that if a truck comes daily to pick up, it will not be able to load in 10 minutes and she felt it would block the fire lane and that would be another noisy truck for them to deal with. She also believed that trash would fall on the ground when the truck is being loaded and it will gush onto their street when it rains, as does the trash from Albertsons' trucks. She felt it was a shame they allowed Dollar Tree to occupy only a portion of the previously vacant space because the area left looks like it is part of Dollar Tree. She also feared people will park immediately in front of the store in the drive aisle to drop off goods rather than parking in the lot and carrying items across the drive aisle to the store. She said she would no longer want to shop at Albertsons. She felt the parking spaces are already over crowded. She said that around 9 p.m. a lot of teenagers gather in the parking lot and she feared they would sort through any items left there. Cathryn DeYoung, thanked the Commission for the time they have put into the matter. She noted that three other tenants had submitted letters opposing Goodwill: Little Caesars, Nancy's Hallmark, and the dentist. She said her primary concem is the drop off in the rear. She requested that the denial be upheld. Planning Commission Minutes -7- September 24, 2003 Mr. Powers stated that Goodwill appreciated the comments made. He noted the Fire Department approved access at the rear of the building and the rear alley is locked off at night. He said there is a truck well that will be used in common with Dollar Tree, so they would not be blocking the fire access. He noted the property is parked to code and will be occupied by someone and therefore the parking lot will have additional patrons and the rear alley would be used for truck deliveries of goods. He felt they had shown that they would not negatively impact the neighborhood because they operate enough locations without problems. Vice Chairman McNiel closed the public hearing. James Markman, City Attorney, stated the state of Califomia recently adopted legislation requiring a minimum of three votes to pass a resolution. He noted that since Chairman Macias had not been present during all testimony, he should abstain from voting at this time. He stated that if the remaining three Commissioners could not agree, the matter should be continued to the next meeting and the absent Commissioners could review the tape and then vote on the matter. Vice Chairman McNiel stated he was on the Commission during the time that the residents took Albertsons to task for noise and debris because the alley is close to the residences. He felt the back alley should not be used by Goodwill because of problems. He noted that the front of the building does not have adjacent parking and he felt most people dropping off goods, will illegally park in the drive aisle while dropping off. He did not believe Goodwill would have such a negative impact but he agreed that drop offs could be a problem. He said there are a number of thrift store locations in the City and articles are dropped off and are a nuisance until removed in the morning. He stated he sells for a maintenance organization that handles Home Depot stores and many times those parking lots are used as dump sites. He felt Goodwill was trying to shoehorn a good idea into a facility that is not totally compatible as he did not believe the facility lends itself to the function of drop off. Commissioner Fletcher appreciated the services of Goodwill and said he likewise utilizes the drop-off facility at Arrow Highway and Haven Avenue. He stated he visited the Fontana store location as he had never been in a Goodwill retail store. He also did not feel the location is appropriate for a thrift store and said he would prefer to see the retail operation enhanced in that location in the future. He said that when he drops off things, he typically has five to six bags at a time. He agreed that drop offs in the alley would not be appropriate and he felt having the collection in the front would lead to people parking illegally while dropping off items. He also feared they would dose the Arrow Avenue and Haven Avenue collection facility, leading to more drop offs. He felt there would be better locations in the City and noted there is an abundance of thrift stores in the area. Commissioner McPhail felt that anything that provides an opportunity for assistance to developmentally disabled should be made to fit into neighborhoods. She agreed it is not a good site, but she felt a boarded up store is more of a blight and makes the center appear less vital. She felt the Goodwill Store would help to bring in people. She agreed the collection is a problem. She was not sure if it would be feasible to prohibit collection at the store and limiting it to the collection facility on Arrow Highway. She did not think there would be a problem with dumping off in the back at night because it is locked at night. She said people would then dump off in the front. She wanted to encourage a Goodwill Store in Rancho Cucamonga and she hoped others would patronize it because of what it stands for. She said she understood a conditional use permit could be reviewed after a certain period of time if it causes problems She wanted to approve the use and see if collection problems could be addressed, perhaps through keeping collection on Arrow Highway and see if there would be ways to make it work. Brad Buller, City Planner, acknowledged that the Mayor told him he had reviewed several existing sites where Goodwill is a tenant within a shopping center. He said the Mayor indicated that Goodwill appeared to be good tenants in those locations. Mr. Buller also noted that any conditional use permit can be brought back before the Commission at any time and could be brought back because of a set review time or because of complaints from others. He said it could then come back before the Planning Commission Minutes -8- September 24, 2003 Commission for possible modification or revocation. He noted that public issues with this center have been with the City for some time with the previous Commission dealing with noise in the back alley and other issues around the center in general because it is an older center and is adjacent to residences. Vice Chairman McNiel stated that if the use is approved and they go into the center, they may well have to revisit the process and undoing the process is messier than not allowing the use in the first place. He felt nobody was denying the good acts of Goodwill and they would stop seeking an appropriate location if they were permitted to move there. He indicated he voted in favor of the Mennonite Thrift store closer to his home because it is in the right location and has appropriate access. He felt that doing the right thing may well be denying the approval. Commissioner Fletcher noted the Assistance League of Upland has a facility on Arrow Route and the felt that is a good location and there are no objections there. He believed there would be better locations for Goodwill than in this center. He did not feel that store would be an enhancement for that center. • Mr. Markman stated the public hearing would not need to be reopened in order for the Commission to continue the discussion only so that the absent Commissioners could listen to a tape of the testimony and participate in deliberations at the next meeting. Motion: Moved by McPhail, seconded by Fletcher, to continue the discussion only for Appeal of Denial of Conditional Use Permit DRC2003-00468 to October 8, 2003. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART ABSTAIN: MACIAS - carried The Planning Commission recessed from 8:50 p.m. to 9:00 p.m. APPROVAL OF MINUTES Motion: Moved by McNiel, seconded by Fletcher, approved 3-0-1-1 (Stewart absent, McPhail abstain), to approve the minutes of August 27, 2003. Motion: Moved by McPhail, seconded by McNiel, carried 4-0-1 (Stewart absent), to approve the minutes of August 27, 2003, Adjoumed Meeting. Motion: Moved by McNiel, seconded by McPhail, approved 2-0-1-2 (Stewart absent; Fletcher, Macias abstain), to approve the minutes of September 10, 2003. CONSENT CALENDAR A. VACATION OF A 10-FOOT WIDE EASEMENT FOR STREET TREE MAINTENANCE PURPOSES(V-194)—KB HOME—A request to vacate a 10-foot wide easement for street tree maintenance purposes, located on the south side of Terra Vista Parkway, east of Coyote Canyon Park—APN: 1077-831-32. Related file: Tract Map SUBTT15724. Planning Commission Minutes -9- September 24, 2003 Commissioner McPhail recused herself from acting on Item A as her firm receives remuneration from the applicant. Motion: Moved by Fletcher, seconded by McNiel,to adopt Item A of the Consent Calendar. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McNIEL NOES: NONE ABSENT: STEWART ABSTAIN: McPHAIL - carried K DEVELOPMENT CODE AMENDMENT DRC2003-00709-CHARLES JOSEPH ASSOCIATES- A proposed amendment to the text of the Development Code to allow self-storage facilities within residential zones, under specific circumstances, with the approval of a conditional use permit. Debra Meier, Associate Planner, presented the staff report. Chairman Macias opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, #395, Rancho Cucamonga, stated they had been approached to change the 7-acre parcel located on the east side of Haven Avenue immediately south of the 210 Freeway eastbound on-ramp to retail commercial,which would allow service stations and fast food , but they could not support that use. He said they have had a lot of experience with self-storage facility design and development and this site is now owned by the people who did the self-storage project at Arrow Highway and Hermosa Avenue. He stated that project is adjacent to residential property and the design and orientation and limited hours of operation have made that a win/win situation. He was not aware of any complaints. He explained they were not requesting a change of the zoning of the property so no other commercial uses could be placed there. He reported they have filed a specific project and plan to build the storage facility on one portion of the site and single-family homes on the remainder of the site. He said the self- storage facility would be to the north, oriented toward Haven Avenue. He indicated they intend to meet with the neighbors and solicit input on the design. He pointed out the Development Code Amendment would protect the underlying use. He noted this would be a City-wide Development Code Amendment and said he has a site at the 210 and 15 Freeways that he also believed is not conducive to single-family residential uses even though it is zoned for residential. Eileen Crowl, 6550 Valinda Avenue, Rancho Cucamonga, stated this would be in her backyard. She said she always dreamed of another family living behind her house. She felt they are a community oriented neighborhood. She stated her next door neighbor is along the freeway on-ramp, her house is kitty comer to the on-ramp, and there are houses on Dakota Avenue that back up to Haven Avenue. She observed they all have to live with the noise and are doing fine. She stated they are putting in new windows and she wondered why homes could not be put on the parcel and the sound wall continued. She said Haven Avenue and 19th Street currently has a lot of traffic. She said U- turns are not permitted when heading south on Haven Avenue at 19th Street but people constantly make u-tums. She asked how southbound traffic would get into a storage unit without making a U- turn at 19th Street. She said her husband is a Los Angeles County Sheriff and he felt storage units are used by a transient population, as people in their neighborhood store items in their garages. She feared problems with crime and illegal substances. June Selos,6542 Valinda Avenue, Rancho Cucamonga, expressed concern about the wordage and asked the meaning of"conditional use"and "under specific conditions." She said they wrote a letter and Charles Joseph Associates responded and said that this was the only use that could be contemplated with the proximity of the freeway and associated noise and traffic circulation needs of Planning Commission Minutes -10- September 24, 2003 the site because the site is not conducive to single-family residential development. She asked why they are then planning to build eight houses on the site. She was concerned about the value of her home and said they are dealing with noise and light. She said Mr. Buquet's comment that he knows of another site made it sound like this will be a blueprint for other projects in the City. She noted that Rancho Cucamonga is growing fast and she felt it is not always to the betterment of local neighborhoods. Trina Stone,6610 Valinda Avenue, Rancho Cucamonga,was concerned about what people keep in their storage facilities,the hours of operation, increased traffic because of u-hauls trying to make U- turns or making illegal u-turns on 19th Street in mid-block. She said it was zoned for residential and she did not feel it would be good to have self-storage. She stated someone wanted to build a church there a few years ago and she felt that would have fit in better but she thought someone had said the City would not rezone for a church. She thought the noise from the doors on the storage units during late hours will be a nuisance. She was offended that the letter from Charles Joseph Associates said the area is not conducive to residential development because their homes have been there for 30 years. She asked that the Commission seriously consider the request since it will affect many residents in the City who have alreadybeen adversely affected by the 210 Freeway. Mr. Buquet stated he appreciated the comments made by the residents. He said no offense was intended by the comment that the area is not conducive to residential development and it is merely a technical term. He stated it has more to do with environmental impacts associated with the freeway and Haven Avenue noise. He noted the City has recently been holding meetings concerning noise issues adjacent to the freeway. He said they propose a self-storage facility designed to be fully contained and accessed off Haven Avenue. He stated that self-storage facilities generate less traffic than single-family residential, multi-family residential, industrial, or commercial uses. He said the hours of operation would be primarily daytime hours. He explained they plan residential on the south side of the site so that there would not be an interface with one side of the street being a self-storage facility and the other side of the street being residential facing the storage. He said that garages at homes are designed and intended for storage of vehicles, not materials and the demand for self- storage is growing. He indicated the self-storage facility would be monitored 24 hours per day. He explained they would still need to process any development and there will be an opportunity for neighborhood input during that process. He said storage of hazardous materials and illicit activities would not be condoned and vehicle repairs could not take place there. He stated he has 18 years of experience with the San Bernardino County Sheriffs Department. Hearing no further testimony, Chairman Macias closed the public hearing. Brad Buller, City Planner, clarified that there is another proposal for a mini-storage in the Etiwanda Specific Plan area as alluded to by Mr. Buquet. He said the action before the Commission this evening would only apply to the Development Code and would not apply to the Etiwanda Specific Plan, but it would be applicable to consider a change in the Etiwanda Specific Plan area if this concept is supported. • Commissioner McPhail stated the Commission was voting on the opportunity for such projects to be considered, but not a specific development. She thought an approval of the Development Code Amendment would not mean they would necessarily approve the specified land to be used in that way. Mr. Buller confirmed that was correct. He said this is the land use action and a specific project would need to be reviewed as a land entitlement action with a separate hearing. Chairman Macias stated they were considering an amendment to the Development Code to make the use more flexible. Planning Commission Minutes -11- September 24, 2003 Mr. Buller explained the conditional use permit process and said that approval of the Code Amendment would only enable someone to request that use, it would not approve any project. He said the special conditions needed for this use to be considered would mean the Commission would feel the need for an altemative buffer between a major noise generator, such as a freeway, and either existing or future residences. He explained that under the conditional use permit process,they would look at that specific criteria as well as other criteria that would make it compatible with the neighborhood. He stated the Commission would not be obligated to approve any request if it could not determine compatible through public testimony, conditions, circulation, design, etc. He said the residents will have every right to raise questions and issues should that application move forward. Commissioner McPhail stated that when the concept was presented to the Commission previously,it was felt they want to be flexible in opportunities to enrich the community. However, she felt the particular property mentioned this evening may or may not be appropriate and she was not yet convinced it would be a good use. She felt the conditions that would make it more palatable may not be acceptable to the applicant. She said it would have to be a superior facility. She supported the Development Code Amendment. Commissioner McNiel also supported the amendment. He observed there are several such facilities in the community and he felt the use is probably the least intrusive of any function in the community. He said it does not allow small manufacturing to occur and the hours are limited. He felt it would be preferable to have the use in residential areas because the residents use the facilities. Commissioner Fletcher stated his office is off Arrow Route and there are numerous such facilities along that area. He agreed they generate much less traffic than retail or residential. He felt the amendment will provide flexibility for what is beneficial to the community and it would not be detrimental. He noted this action would not approve a specific project, but would make conditions flexible. He said the City has a strong history of closely regulating conditional use permits. Motion: Moved by McNiel, seconded by Fletcher, to adopt the resolution recommending Development Code Amendment DRC2003-00709. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART - carried L. GENERAL PLAN AMENDMENT DRC2003-00712 - CITY OF RANCHO CUCAMONGA - A request to amend the Regional Center Land Use Mix Table 111-4 by modifying the land use acreage ranges and the density ranges to be consistent with the approved development projects within the Regional Center that is generally bounded by Foothill Boulevard, Base Line Road, 1-15 Freeway, and Day Creek Channel. In accordance with Public Resources Code Section 21166 or Section 15162 of the CEQA Guidelines, no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. Nancy Fong, Senior Planner, presented the staff report. Commissioner McNiel asked if the action was a clean up item. Ms. Fong confirmed that was correct. Chairman Macias opened the public hearing. There was no testimony and he closed the hearing. Commissioner Fletcher asked for confirmation that this would not increase total density. Brad Buller, City Planner, confirmed the total number of units remains the same. Planning Commission Minutes -12- September 24, 2003 Motion: Moved by McNiel, seconded by Fletcher,to adopt the resolution recommending approval of General Plan Amendment DRC2003-00712. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART - carried NEW BUSINESS M. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00302-WEST ROCK LLC-A request to develop a 17,435 square foot multi-tenant auto care center on 1.43 acres of land in the Industrial District (Subarea 3), located at 9199 Arrow Route - APN: 0209-012-10. Emily Wimer, Assistant Planner, presented the staff report. Chairman Macias invited public comment. Doug Peeters, Managing Partner, West Rock, LLC 14072 Pierson Court, Rancho Cucamonga, agreed with staffs recommendation. He felt the project will be aesthetically pleasing. Commissioner McNiel asked if there is sufficient parking and if all maintenance activity will occur inside the building. Mr. Peters stated there will only be light automotive type uses such as oil changes, mufflers, and brakes. He said they don't anticipate any vehicles needing to stay overnight as they don't intend to do any transmission work. Commissioner McNiel noted there are some facilities that started out self-contained but they now have parking lots full of vehicles being repaired. He wanted to be sure cars are not stacked up in the parking lot being repaired or dismantled. There was no further public comment. Commissioner McNiel stated there are some facilities on 8th Street where dismantled automobiles have accumulated outside. He said people may have the best of intentions but he was concerned that not be allowed to happen here. Brad Buller, City Planner, suggested adding conditions that all repair service to be conducted inside the building and no cars shall be stored outside overnight. Commissioner McNiel supported the additional conditions. Commissioner Fletcher noted there will be some cars parked outside during the day awaiting work. Chairman Macias agreed and said he just did not want vehicles sifting around waiting for parts. Commissioner McPhail stated the applicant worked diligently with staff and the Design Review Committee to make the facility attractive. Motion: Moved by Fletcher, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Development Review DRC2003-00302. Motion carried by the following vote: Planning Commission Minutes -13- September 24, 2003 AYES: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART - carried DIRECTOR'S REPORTS N. CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2003-00898 - CHARLES JOSEPH ASSOCIATES-A request to initiate a Development Code text amendment regarding rail service standards for property located adjacent to rail spur lines within the General Industrial District Subarea 5. Kirt Coury, Associate Planner, presented the staff report. Commissioner Fletcher asked the difference between a rail-served building and one that is not. Mr. Coury replied that a rail-serve building is built right up to the rail line and is available to take direct service off the rail line. Commissioner Fletcher asked how the building would be built differently if it were built with the ability to be rail served but was not currently utilizing the rail line. Brad Buller, City Planner, responded the building would be built with knockout panels. He explained that in the past, the City went through the industrial properties and determined where rail service spurs were located. He reported staff has had brokers advise they were glad such properties are available. Commissioner McPhail asked how many sites would be affected by the proposed amendment. Mr. Buller replied staff had not done a search but he noted there are vacant parcels around the parcel in question. Chairman Macias invited public comments. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, #395, Rancho Cucamonga, presented a letter from Scheu Business Center and letters from two real estate brokers. He noted the letters from the real estate brokers indicated they have handled leases for hundreds of acres and have found no demand for rail-served buildings. Mr. Buquet stated Mr. Scheu is ready to build Phase V of the Scheu Business Center but was told the project will not be deemed complete because the building is not designed to be rail served. He said they do not want their building to be rail-served because they have no need for it. Mr. Buquet maintained that the Panattoni and General Motors facilities were approved without the rail-serve requirement. He believed there is an opportunity in the Development Code to address the issue in the Design Review process. He said his client has never designed rail-serve buildings because they have no need for it. He observed they are not suggesting that the rail spur line be tom out and it could be used further south. He objected to being forced to design a building with knockout panels for possible use of a rail spur that has not been used for years. He said there have been changes in the Fire Code and they are required to provide fire access totally around the building. Because a building with capability for rail serve would be against the property line, he said it would require modifications in order for them to have an interim use of the building. He asserted that the railroad is abandoning many spurs and ripping out railroad lines because of the Alameda Corridor and the Metro Link. Craig Scheu, Scheu Business Center, 9444 9th Street, Rancho Cucamonga, stated a steel company had the rail line there for 40 years and Union Pacific tore out the rail spur one weekend. He did not Planning Commission Minutes -14- September 24, 2003 want to redesign their proposed building because it would mean truck bays would be in front with the offices and their users want the shipping/receiving in the back of the building. He said that front- ' loaded buildings attract companies with a limited number of employees. He indicated this building would be their fifth addition. He said their project has been highly successful and this would totally change their image. He felt that front-loaded buildings present a poor image. Commissioner Fletcher asked if they sell their buildings or retain ownership and lease them. Mr. Scheu replied they hold the buildings and lease them out. He said they started the park in 1975. There were no additional public comments. Commissioner McNiel stated the City has gone through the Development Code a number of times and it seems the City gives up a little more each time the plan is revisited. He cited the sign ordinance as an example and said there is more clutter in the community now. He expressed concern about giving away the rail service capacity. He felt it would be like General Motors selling buses to communities and getting rid of the rail lines in the 1940s and now trains are back in use. He was not willing to jump because the current market may not utilize rail service as he thought it might be needed in the future. Commissioner McPhail commented that the tracks cannot be put back in once they have been given away. Commissioner Fletcher stated he might be willing to look at the specific project. He noted that the market dictates the use. He said the building could be built with knockout panels that would never be used. He noted that the building which houses his office was built for light industrial but ' businesses came in and made offices with the conditional use permit process. He felt there will not be a market in the future for light industrial in his complex. He said there may be a situation where the intended use is not what the market wants and he said he would like to look at this request in the context of proposed development. Chairman Macias stated the market is not there at present but the market may well be there in the future because of the growth that is projected for the,region. He said the focus of this region is goods movement. He indicated the Alameda Corridor Regional Transportation Plan will be published in about three weeks and there is a huge emphasis on goods movement but the bulk of that growth will not be until after 2010. Vice Chairman Macias stated he has always been reluctant to make changes to the Development Code unless he sees a need. He supported staffs position. Mr. Buller stated the applicant has the right to take the matter up to the City Council, as either the Planning Commission or the City Council can initiate an amendment to the text. Motion: Moved by McNiel, seconded by McPhail to deny Consideration to Initiate Development Code Amendment DRC2003-00898.. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART - carried PUBLIC COMMENTS There were no public comments at this time. Planning Commission Minutes -15- September 24, 2003 COMMISSION BUSINESS Brad Buller, City Planner, reported the City Council held a special budget session earlier in the week and cut Planning's budget by$100,000 as a result of State actions. He said the cut will come from Contract Planning Services. He noted there are currently three contract staff people and adjustments will be made. He observed that Planning's workload is heavier than it has ever been. Commissioner Fletcher stated he would support future discussions on the rail-serve issue. He noted the Alameda Corridor issue may lead to more traffic impacts. Mr. Buller stated staff could address the matter but he currently did not have additional staff time to devote to special research because of the high development project workload. Commissioner McNiel felt the marketplace should be the last authority on whether to make changes because the market is fickle. He thought there should be really strong evidence of the necessity for a change. Chairman Macias asked what the real impact is to a developer. Dan Coleman, Principal Planner, stated the applicant wishes to build a product which is totally different from rail-served. Mr. Buller stated that Mr. Buquet alluded to fire code issues but he noted there have been a lot of rail-serve buildings. He said staff would check on Panattoni and General Motors. Chairman Macias noted there is a spur by the Metro Link station that is used constantly. Mr. Coleman observed a car may sit there for weeks, but the need is still there. ADJOURNMENT The Planning Commission adjoumed at 10:22 p.m. Respectfully submitted, B ler Secretary Planning Commission Minutes -16- September 24, 2003