HomeMy WebLinkAbout2001/10/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
11 Regular Meeting
October 10, 2001
Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning
Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho
Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman
McNiel then led in the pledge of allegiance.
ROLL CALL
COMMISSIONERS: PRESENT: Rich Macias, John Mannerino, Larry McNiel, Pam Stewart,
Peter Tolstoy
ABSENT: None
STAFF PRESENT: Brad Buller, City Planner, Dan Coleman, Principal Planner; Kevin Ennis,
Assistant City Attorney; Donald Granger, Assistant Planner; Dan James,
Senior Civil Engineer; Brent Le Count, Associate Planner; Warren More lion,
Assistant Planner, Gail Sanchez, Planning Commission Secretary; Emily
Wimer, Assistant Planner
I ANNOUNCEMENTS
There were no announcements.
APPROVAL OF MINUTES
Motion: Moved by Mannerino, seconded by Tolstoy, carried 5-0, to approve the minutes of
September 26, 2001.
CONSENT CALENDAR
A. ENVIRONMENTAL ASSESSMENT FOR PACIFIC ELECTRIC INLAND EMPIRE TRAIL—CITY
OF RANCHO CUCAMONGA — The proposed project is the development of approximately 7
miles of the Pacific Electric Inland Empire Trail, a Class I multi-use bicycle, pedestrian, and
separated equestrian trail located within the existing Pacific Electric Railroad right-of-way,which
varies in width from 80 feet to 100 feet,within the city limits of Rancho Cu 4i.amonga. The project
also includes the acquisition of the historic Etiwanda Station for preservation as a museum,and
the potential acquisition or use of the historic Casa De Cucamonga, for use as a future
transportation park-n-ride and trailhead. The total area of development of the trail is
approximately 85 acres. The total area of development associated with the use of the Etiwanda
111 Station for preservation as a museum, park-n-ride, or staging area for the Trail is approximately
4 acres; for a total of 89 acres of development. Staff has prepared a Negative Declaration of
environmental impacts for consideration. (Continued from September 26, 2001)
B. TIME EXTENSION FOR DEVELOPMENT REVIEW 99-04-S AND D RANCHO CUCAMONGA,
LTD - A time extension request for an approved development review for a 3-story, 34,850
square foot hotel and associated master planned development on 5 acres of land in the
Industrial Park District (Subarea 7), located on the south side of Foothill Boulevard between
Aspen and Spruce Streets -APN: 208-352-88 thru 91. Related files: Conditional Use Permit
00-38 (Chipotle) and Conditional Use Permit DRC2001-00203.
Motion: Moved by Mannerino, seconded by Macias, carried 5-0, to adopt the Consent Calendar.
PUBLIC HEARINGS
C. MODIFICATION TO CONDITIONAL USE PERMIT 97-23-TWINS- A request to allow service
to patrons 18 years and older for an existing restaurant with sports bar and grill, including
entertainment, dancing, amusement devices, and on site consumption of alcoholic beverages,
in the Community Commercial District (Subarea 3), located at 10134 Foothill Boulevard -
APN: 1077-601-07. Related File: Entertainment Permit 00-02.
D. ENTERTAINMENT PERMIT 00-02 —TWINS—A request to renew an entertainment permit to
allow, D. J. music, dancing, satellite television, occasional live entertainment, and amusement
devises (pool tables, dart boards), and allow service to patrons less than 21 years of age in
conjunction with a bar and restaurant in the Community Commercial District (Subarea 3),
located at 10134 Foothill Boulevard-APN: 1077-601-07. Related file: Conditional Use Permit
97-23.
Commissioner Mannerino recused himself from hearing this item because he has legally represented
members of the family. He left the meeting.
Brent Le Count, Associate Planner, presented the staff report.
Chairman McNiel opened the public hearing.
Eddie Lakkees introduced his brother Robert Lakkees and said that their head of security was
available to answer questions.
Chairman McNiel asked if they had an agreement with B.C. Cafe regarding the parking.
Mr. Lakkees responded affirmatively. He said he had a verbal agreement with Rocky of B.C. Cafe
and security people from The Twins clean up any trash.
Chairman McNiel asked if there was any contiguous property that could be used for overflow parking.
Mr. Lakes replied they own a dirt lot at the corner of Hermosa Avenue and Foothill Boulevard.
Chairman McNiel asked if they had considered using that lot in conjunction with valet parking.
Mr. Lakkees replied he was not sure what conditions the City would impose in order to be able to use
that lot. He felt he would have to add security lighting.
Chairman McNiel responded it would probably need to be fully paved and finished and have
appropriate lighting. He thought they should try to use it on a temporary basis as opposed to walking
across Foothill Boulevard.
Planning Commission Minutes -2- October 10, 2001
Commissioner Tolstoy indicated he was not in favor of allowing parking at BC Cafe. He asked if they
used valet parking, if they would be using some of the security staff to park the cars.
Mr. Lakkees stated they propose having two security guards at B.C. Cafe to monitor infractions or jay
walking. He stated there is a crosswalk 50 feet down from BC's driveway. He said they would
maintain the nine security people even if they have valet parking.
Commissioner Stewart asked if they would still need to use the parking lot at B.C. Cafe if they used
the unpaved area for parking.
Mr. Lakkees replied the unpaved area would provide more than enough parking.
Janet Jones, 6930 Belluno Place, Rancho Cucamonga, asked if the capacity for people was greater
than the parking.
Chairman McNiel confirmed that was correct. He indicated parking has been a problem.
Steve Tiley, 7520 Marine Avenue, Rancho Cucamonga,thought it would be a good thing to have the
club open to people 18 and over because it would give them something to do. However, he felt
parking should be sufficient.
Hearing no further testimony, Chairman McNiel closed the public hearing.
Commissioner Tolstoy stated he was adamantly opposed to people crossing Foothill Boulevard to
park, especially since the median has been installed.
Chairman McNiel felt it would be very unsafe.
Commissioner Tolstoy felt Rancho Cucamonga is an upscale community and he did not like seeing
18-year olds in a bar, but he was willing to give it a 30-day trial to see how they do.
Commissioner Macias indicated he has issues with the application. He noted the application was
before the Commission only because City codes were violated. He felt that shows questionable
management. He noted there are still site maintenance issues. He acknowledged the site
maintenance issues are somewhat minor, but noted they are still there. He felt the proposed parking
plan was simply unacceptable. He thought having inebriated patrons walking across Foothill
Boulevard is a liability issue. He believed the Planning Commission had set a precedent for denying
this type of application when Club Matrixx made a request.
Brad Buller, City Planner, indicated that when the Planning Commission was ready to take action,
Club Matrixx withdrew their application.
Commissioner Macias said the application was withdrawn for good reason as the Commission was
ready to reject it. He did not believe 18 year olds should be allowed in a club with a drinking
environment and urged his colleagues to reject the application.
Commissioner Stewart stated she definitely would not consider approving the application without a
proper parking plan. She believed it is not acceptable to cross Foothill Boulevard for parking. She
said she would be willing to entertain the idea but felt it should be better organized and the applicant
must come back with a better plan. She indicated she was not willing to give them a 30-day trial at
this point.
Commissioner Tolstoy worried that problems might surface after the initial 30-day trial period when
police patrols are scaled back.
Planning Commission Minutes -3- October 10, 2001
•
Chairman McNiel felt the City could monitor the number of calls to the site.
Mr. Buller felt it was not the intention of the Police to only monitor for the first 30 days. He said the
applicants met with the Police to go over the security plan and the Captain felt it could be successful.
He observed that parking is another problem. He said staff supported the application on the basis of
the Police Chiefs recommendation but staff felt the parking problem needs to be solved. He felt
parking must be on site but noted they over-exceed the required parking by Code.
Commissioner Tolstoy questioned the Fire Code capacity for the club and the number of parking
spaces.
Mr. Le Count reported the capacity is 300 and there are 127 parking spaces.
Chairman McNiel stated he occasionally goes to Karaoke clubs and they do allow people 18-21 years
to come in on certain nights and for certain hours and they also serve alcohol. He indicated he had
never witnessed a problem in those places. He said he had gone to Twins about three weeks earlier
and their security appeared strong that night. He was opposed to parking across the street but he
was willing to give the use a 30-day trial even though he realized they were before the Commission
because they had been caught doing something they should not have done.
Commissioner Tolstoy felt the parking should be provided before the use would be allowed to occur.
Chairman McNiel said he would support that. He indicated the parking was not overcrowded the
night he was there.
Commissioner Tolstoy suggested deferring approval for 18-year olds until they could show they have
sufficient parking to meet City standards.
Mr. Buller said he heard two issues from the Commissioners: one being the concern about mixing
18-21 year olds with the 21 and over atmosphere and the other being the issue of adequate parking
before the expanded use. He believed the majority of the Commission felt parking is a major issue.
He said staff could work with the applicant to address the parking issue, but he did not think the
applicant wants to expand the parking if they will not be able to expand the use.
Chairman McNiel said he was willing to allow 18-21 year olds.
Commissioner Macias was opposed under any circumstance.
Commissioner Tolstoy felt that young people need good models and he was not sure they would get
them in a nightclub atmosphere but he understood the point of view that there isn't a lot for them to
do. He expressed a willingness to give them a chance to see if it would work out but he did not feel
30 days would be enough time.
Commissioner Stewart echoed concerns raised. She indicated she was not willing to approve the
expanded use until they provide a more comprehensive business plan on how they will handle things
to be sure that there is no underage drinking and adequate parking is provided.
Commissioner Tolstoy felt there should be some kind of plan of what venues would be available for
the 18-21 year olds.
Chairman McNiel stated it is a dance club. He said he heard that the item should be continued until
the parking issue is resolved.
Planning Commission Minutes -4- October 10, 2001
Mr. Buller said that if the Commission wished to continue the matter he would work with the
applicants. He said all parking should be done on-site. He noted that if there is insufficient parking,
it would be possible to place an artificial cap on the occupancy through the Entertainment Permit but
said that is typically not done because it is too hard to enforce. He indicated he would work with the
applicant to establish a parking plan and a business plan regarding the venues available for those
under 21 and how underage drinking would be prevented. He said the Lakkees had met with
representatives of the Police Department and the Police called several communities and the
previous Captain felt it was workable and could be given a 30-day trial. He stated he would consult
with the new Police Captain.
Chairman McNiel reopened the public hearing.
Mr. Lakkees said it would cost approximately $80-90 thousand to improve the additional parking
area. He stated it would be necessary to have the expanded use of 18-21 year olds in order to
finance the improvements. Mr. Lakkees understood the high risk of people crossing the street. He
said it had been their plan to have the valet service park cars across the street. He suggested they
could put up a sign saying the club is full when the parking lot is full. He noted that when they
previously had valet parking, they were able to fit many more cars in their lot because they double
and triple stacked. He said he understood the strong concerns raised by the Commissioners. Mr.
Lakkees requested that they be able to have the expanded use for a 30 to 90 day probationary
period with valet parking as the current parking meets the City standards. He asked they be allowed
to have the use to give them time and money to build additional parking.
Chairman McNiel felt the project needed to be continued a minimum of two weeks to see what the
applicant submits.
Mr. Buller asked that the matter be continued for four weeks to November 14 to allow time to bring
back a parking plan perhaps with modified valet parking and a schedule for a future parking lot. He
said staff does not wish to see overflow parking off-site so that valet runners would not be crossing
Foothill Boulevard.
Commissioner Tolstoy asked that the plan also include a venue for 18-21 year olds.
Motion: Moved by Tolstoy, seconded by Stewart, to continue Modification to Conditional Use Permit
97-23 and Entertainment Permit 00-02 to November 14, 2001. Motion carried by the following vote:
AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: NONE
ABSENT: NONE - carried
PUBLIC COMMENTS
D'Lorah DeBarge, 6532 Autumn Glen Court, Rancho Cucamonga, stated she was appearing before
the Commission as a follow up to the Route 30 meeting held the previous evening. She said the
residents want a wall built east of Milliken Avenue to the 1-15 Freeway on both the north and south
sides of the freeway. She reported there are a number of areas that lack a sound wall. She stated
Mr. Luca from Caltrans had told them the previous evening that the City was given federal money
guidelines in 1996 and no sound walls were needed at that time because there were no homes at
the time. She said they had been told that when her home was built in 1998, it was the responsibility
of the developer to advise of the future freeway and to build any needed sound walls. She read the
disclosure statement from the developer:
Interstate 15 is approximately 4 miles east of the project. Commencing in 1998,
construction will begin on Freeway#30. This freeway will consist of two travel lanes
Planning Commission Minutes -5- October 10, 2001
in an east-west direction, located immediately north of Highland Avenue.
Construction is anticipated to take 24 months. For additional information, please
contact SANBAG at (909) 981-9859.
She noted there had been no indication in the statement as to whether the freeway would be above
or below ground. She felt it had been fairly common knowledge that the freeway would be below
ground, but it is now 11-15 feet above ground. She reported the sound wall provided by the
developer is actually a perimeter wall along Highland Avenue and there is no wall along the south
side of the freeway other than a median guardrail. She feared that a car or truck would topple off the
freeway if there is an accident and noted there is a pedestrian walkway on Highland Avenue, which
is used by students in the area. She said there is a sound wall along the north side of Highland, but
none on the south. She stated it is a high traffic area and she asked that the City seek federal or
state grants to build a wall.
Tracy Russell, 6538 Autumn Glen Court, Rancho Cucamonga, stated that everyone in her
development was told that the freeway would be subterranean so they did not consult Caftans. She
noted the community has a lot of young families with small children and she felt a barrier is needed
for safety reasons. She asked for direction from the City as to what they could do to get walls. She
said sound studies had been done and the sound exceeded the City standards. She reported she
spoke to Mr. Moon from SANBAG at the previous night's meeting and he said the freeway could not
be underground in this area because of a flood hazard and she felt that would make it even more
important to have a wall to hold the water back. She asked that the City look for money to build a
block wall.
Chairman McNiel said that he understood their concerns but the City cannot build on freeway land.
He suggested the residents go to the next meeting of the Route 30 Task Force.
Ms. Russell asked what would prevent the City from looking for state money.
Chairman McNiel suggested Ms. Russell take her request to the next City Council meeting.
Brad Buller, City Planner, invited the residents to come in and meet with staff. He said the City has
tried to pursue more money to seek grants for landscaping and the City could also look for other
grants to build walls.
Ms. DeBarge observed that the residents in her tract were considering suing the developer for
misrepresentation as they were advised that the freeway would be below grade. She asked that the
City consider the plans submitted by Citation for any future developments. She noted she had to
sign to allow a property line adjustment because her neighbor's wall was built too close to her house.
Ms. Russell commented that the sound study was done prior to the wall being built on the north side
of the freeway. She felt a new study would now show higher numbers because sound bounces back
from the north sound wall.
Commissioner Tolstoy stated he had attended the previous night's Route 30 meeting and the real
purpose of the meeting was the noise issue. He observed that Caltrans representatives spoke to the
noise issue but were not able to answer questions about safety issues which were brought up at the
meeting. He believed Caltrans plans to have someone to address the safety issues at the next
meeting. He suggested that the residents may wish to speak to their representatives in Sacramento.
COMMISSION BUSINESS
There was no additional Commission business.
Planning Commission Minutes -6- October 10, 2001
ADJOURNMENT
Motion: Moved by Stewart, seconded by Macias, carried 4-0-1 (Mannerino absent),to adjourn. The
Planning Commission adjourned at 8:06 p.m.
Respectfully submitted,
Br VS ler V/
S:cretary
Planning Commission Minutes -7- October 10, 2001