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HomeMy WebLinkAbout2001/02/14 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting February 14, 2001 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:07 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. 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; Tom Grahn, Associate Planner, Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gail Sanchez, Planning Commission Secretary; Emily Wimer, Assistant Planner; Rudy Zeledon, Assistant Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that several items had been placed in front of the Commissioners with respect to items on the agenda and those items would be referred to at the time the item was considered. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Tolstoy, carried 3-0-0-2 (Macias, Mannerino abstained),to approve the minutes of the Adjourned Meeting January 10, 2001. Motion: Moved by Macias, seconded by Mannerino, carried 5-0,to approve the minutes of January 24, 2001. Motion: Moved by Macias, seconded by Stewart, carried 5-0, to approve the minutes of the Adjourned Meeting January 24, 2001 CONSENT CALENDAR A. DEVELOPMENT REVIEW 00-75- MASTERCRAFT HOMES-A design review of the detailed site plan and building elevations for Tract 14382, consisting of 38 single family lots in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan, located west of Etiwanda Avenue and north of Wilson Avenue -APN: 225-071-70. B. VACATION OF A 30-FOOT WIDE EASEMENT FOR GENERAL PUBLIC AND PUBLIC UTILITY PURPOSES (V-177)— RICHMOND AMERICAN HOMES—A request to vacate a 30-foot wide easement for general public and public utility purposes, located on the north side of Base Line Road, east of Rochester Avenue—APN: 227-091-45. Related File: Tract 16051. Motion: Moved by Mannerino, seconded by Macias, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS C. CONDITIONAL USE PERMIT-98-08- BASELINE BARGAIN CENTER-A request to revoke the Conditional Use Permit for the operation of a retail establishment in the General Commercial District, located at 9456 Roberds Street -APN 202-092-08. Emily Wimer, Assistant Planner, presented the staff report. She noted that two letters had been received in support of the applicant asking that the Conditional Use Permit not be revoked and indicated that the owner of the 7-11 store had telephoned and indicated support of a revocation because customers of Baseline Bargain Center block his access and trash pickup. Brad Buller, City Planner, reported that he had accompanied Ms. Wimer to the site and noted there is progress being made. He suggested the applicant speak regarding the progress and public testimony be taken. Chairman McNiel noted the staff report included a long list of code enforcement problems and it appeared staff had been attempting to obtain conformance for a long time. He felt the matter had gone on for an excessive amount of time. Mr. Buller concurred it had gone on a long time but indicated the applicant had made some major moves in the last few days to bring it into compliance. Chairman McNiel opened the public hearing. Laura Iftikhar, 9456 Roberds Street, Rancho Cucamonga, stated she and her husband own the store. She said they have almost completed the parking area with the exception of stripping which should be completed shortly. She reported they were going to submit for a new conditional use permit to allow retail. She indicated she had the plans with her and would be submitting them either later in the evening or on Thursday. She stated they made tax contributions of over$26,00She felt the personal investment they made should be considered based on the business license which was approved in error in June 1999. She pointed out that the business makes charitable contributions to the community including Feed the Children, Spark of Love toy drive, and food drives for schools. She stated they have community support and presented a petition signed by approximately 1,300 people. She felt the petition demonstrated community support and said the business meets the needs of the community. She stated they opened their business because the City wrongfully approved a business license. Mrs. Iftikhar felt the City was unfairly targeting their business and said that they had observed signs such as theirs and parking violations by other businesses in the community. She asked that the City consider future development of their property and said they may have a farmer's market or event hall on their property. She said they need to maintain a positive retail cash flow in order to pay for the development and they want to spend the money on developing their property rather than renting retail space elsewhere. Mrs. Iftikhar thought the City was interfering with her constitutional rights and said that the rights of property owners and customers must be considered. She said the people have the right to alter or abolish government if it becomes excessive. She acknowledged that their business does not fully comply with City codes but she felt the business did more good than harm. She requested that the City continue to work with them while they attempt to comply. She indicated they had been frustrated because their architect did not lead them through the process and they had recently obtained a contractor and she believed things would progress more quickly now. Planning Commission Minutes - 2 - February 14, 2001 Commissioner Tolstoy indicted he had visited the establishment earlier in the day and noticed work being performed on the parking lot. He observed that the parking lot will be quite a distance from the front door to the store. He said he noticed three cars illegally parked in the yellow striped area. He felt that people will continue to park illegally because the parking lot is so far away. Mrs. Iftikhar responded they want to develop the street and curb along Roberds and have street parking. She said they are also considering moving the store within the building to be closer to the parking lot. Commissioner Tolstoy asked if the plans Mrs. Iftikhar had with her reflect what she had just told the Commission. Mrs. Iftikhar replied that she was not sure. Commissioner Tolstoy asked if licensed professional people must prepare final plans. Mr. Buller replied that the City requires that a licensed landscape architect prepare final landscape plans and an engineer must prepare any street improvement plans. Commissioner Tolstoy asked if the required signatures were on the plans. Mrs. Iftikhar responded that they were not as they were only taking baby steps and a draftsman prepared the plans. Commissioner Tolstoy felt that the illegal parking currently occurring is very dangerous. Commissioner Stewart asked Mrs. Iftikhar what plans she had. IIMrs. Iftikhar said they were plans for the proposed parking lot. Commissioner Stewart asked if it addressed changes to the building. Mrs. Iftikhar said it did not as they are still considering changes. Bob Lamb, 7250 Amethyst Avenue, Rancho Cucamonga, stated his property joins the property in question. He said he was speaking for the Trujillos, whom he had spoken to earlier in the day. He gave a brief history of the building. He said he had been there since the 1920s. He indicated a small road curves from Base Line Road to Amethyst and he previously wanted to have that road shut off, but he failed to contact the City. He thought the 7-11 store has created a lot of problems for the neighborhood. He stated that kids hang out there and there have been stolen cars and a lot of graffiti. He said people come up Base Line Road and ignore the stop sign. He felt the Iftikhars have done a lot to improve the property and said they have stopped the graffiti, replaced floors, and upgraded the building. • Clarence Weaver, Westem State Construction, 1500 Crestfield, Duarte, said he had picked up a set of plans on Thursday, February 8. He stated that Ms. Wimer had been very cooperative. He felt they were on the right track and would fall into compliance. Susie Cuzynski, 6262 Marble Avenue, Rancho Cucamonga, felt the business is a wonderful asset to the community. She indicated she is an aide in her children's' school and gets many items for the school and church there and said she would hate to see the demise of the facility. She stated she has never had a problem parking there. She said the Iftikhars do not have the money to make it perfect from the start but she felt they will eventually be able to comply. She thought the City should consider their hard work and endurance. Planning Commission Minutes - 3 - February 14, 2001 Chairman McNiel asked how many people in the audience were there in support of the applicant. Approximately 25 people raised their hands. Bob Burglan, 7126 Cambridge Avenue, Rancho Cucamonga, stated he has been a resident for the past 25 years and the building now looks better than it ever has. He said they welcome him every time he goes into the store. Chairman McNiel temporarily closed the public hearing to allow discussion with staff. Mr. Buller stated that staff had received calls and written correspondence supporting the applicant. He said staff believes there has been an effort in the recent past to comply. He observed there had not been compliance until the City started revocation proceedings. He noted the parking is on the north side of the building away from the door. He stated the approved use was for a warehouse facility, not a retail center, therefore, staff accepted the distance between the parking lot and the door. He said the 14 parking spaces were placed in the only area of the site that could physically accommodate them. He felt the Planning Commission may wish to grant a two-week continuance to see if the parking is finalized in that time. He said the front of the building must be stripped, posted "No parking," and policed by the Iftikhars. He stated the wheel stops should also be removed from that area and the Iftikhars had indicated they will be moved to the new parking area. He observed that the retail business would have to be closed in order to come into compliance with the existing conditional use permit. He stated the wholesale business could be open by appointment in order to still meet the needs of the community and said it was meant to be a wholesale business. He believed a two-week continuance would be appropriate and said staff needs to work with the applicant. He stated staff is very pleased with the contractor they had hired. He believed the Iftikhars have a larger dream for the area and it would improve the area. He said the applicants could come back to the Commission with a new conditional use permit to allow retail and could present a phasing plan; however, a complete application had not been submitted as yet. Chairman McNiel asked if two weeks would be sufficient. Mr. Buller felt it would. Commissioner Tolstoy asked if the existing conditional use permit requires full improvements in front of the store. Mr. Buller replied the existing conditional use permit does not require those improvements. He said a new conditional use permit would require curb, gutter, and sidewalk. Commissioner Tolstoy felt the parking he observed earlier in the day is dangerous. Motion: Moved by Mannerino to continue Conditional Use Permit 98-08 to February28,2001, based on the apparent good faith effort. Commissioner Macias stated he was glad progress is finally being made toward obtaining the parking; however, the issue remains as to the retail use. He felt the Commission should not ignore the fact that the applicant is not in compliance. He suggested that the applicant submit a phasing plan if the matter were continued for two weeks. He said the Commission routinely deals with small businesses that do things correctly and scrimp and save to do things right. Because of those who do things right, he felt it was unfair to ignore non-compliance. Commissioner Mannerino amended his motion to include the requirement for a draft phasing plan. He said it is clear the applicants are popular people who do good things for the community but the said the Commission cannot tum its back on its legal obligations. He suggested people watch where they park and said that if the illegal parking continues, the City would have no choice but to act. Planning Commission Minutes - 4 - February 14, 2001 Kevin Ennis, Assistant City Attorney, suggested reopening the public hearing for additional comments. Chairman McNiel reopened the public hearing. Mary Dineen, 6418 Malachite Street, Rancho Cucamonga, stated she agreed with what she had heard. She suggested the area with the yellow stripes be labeled to prohibit parking. She said she would hate to see the store closed and indicated she prefers"mom and pop"shops to larger stores. Mr. Lamb stated that the store is convenient to the assisted living facility and many of those residents walk to the store. Joan Tammer, 7250 Hellman Avenue, Rancho Cucamonga, felt the store creates a wonderful atmosphere. She asked how the Iftikhars will live if their retail business is closed. She thought the City should not stop them since they are improving the area. She acknowledged she did not understand the technical items but said the area is kept up. Maria Perez, 6231 Filkins Avenue, Rancho Cucamonga, stated she wanted to keep the store open because it provides food for kids and wrinkle cream for older people. Commissioner Tolstoy seconded Commissioner Mannerino's motion to continue Conditional Use Permit 98-08 to February 28, 2001,with a requirement for submission of a phasing plan. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried Chairman McNiel thanked the audience members for their support of the lftikhars but indicated it is important that the location be brought into compliance. He said the Commission has to consider the rest of the community and there are certain standards and guidelines with which they must comply. He said the City is not trying to put them out of business, but is trying to make them comply with the terms of the conditional use permit and to protect the public safety. Commissioner Tolstoy observed that the problem has been going on for 2%:years. • The Planning Commission recessed from 8:17 p.m. to 8:23 p.m. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-04—AMERICAN BEAUTY DEVELOPMENT CO. - A request to establish a Development Agreement for the development project known as the Victoria Arbors on approximately 300.64 acres of land in the Mixed Use District of the Victoria Community Plan, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west—APN: 227-201-04, 13 through 18,22, 28 through 31, 33, and 36;227-161-28,31,33, 35, 36, and 38; 227-171-08, 11, 12, 20, 22, 23, and 25; and 227-211-40. E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 01-04 - AMERICAN BEAUTY DEVELOPMENT CO. — A request to establish a residential Master Plan for a development project known as the Victoria Arbors for approximately 300.64 acres of land, in the Mixed Use District of the Victoria Community Plan, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to Planning Commission Minutes - 5 - February 14, 2001 the west-APN: 227-201-04, 13 through 18,22, 28 through 31, 33, and 36;227-161-28,31,33, 35, 36, and 38; 227-171-08, 11, 12, 20, 22, 23, and 25; and 227-211-40. F. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15641 - AMERICAN BEAUTY DEVELOPMENT CO. -A request to subdivide approximately 300.64 acres into 35 lots for financing purposes for a mixed use development project known as the Victoria Arbors, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west-APN: 227-201-04, 13 through 18, 22, 28 through 31, 33, and 36; 227-161-28, 31, 33, 35, 36, and 38; 227-171-08, 11, 12, 20, 22, 23, and 25; and 227-211-40. G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP 15974 - AMERICAN BEAUTY DEVELOPMENT CO.-A residential subdivision of 554 single family lots and including a 10-acre parcel for a school and approximately 17.33 acres of park and open space on approximately 190 acres of land, within a development project known as the Victoria Arbors, in the Mixed Use District of the Victoria Community Plan, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, future Church Street to the south, and Day Creek Channel to the west-APN: 227-161-28, 31, 33, 35, 36, and 38; 227-171-08, 11, 12,20,22,23, and 25; and 227-211-40. Chairman McNiel noted that there had been a request to continue Items D through G to February 28, 2001,to allow the applicant and staff to address various issues related to the project. He opened the public hearing. There was no testimony. Motion: Moved by Mannerino, seconded by Macias, to continue Development Agreement 00-04, Development Review 01-04, Tentative Parcel Map 15641, and Tentative Tract Map 15974 to February 28, 2001. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried NEW BUSINESS H. ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 00-66 - THE B. IVAN GROUP--A-request-to-construct-a-26,895 square-foot.industrial.building-on 2,17 acres of land in the General Industrial District (Subarea 13), located at the southeast comer of Sixth Street and Rochester Court-APN: 229-263-04. Rudy Zeledon,Assistant Planner, indicated that staff received a FAX from the United States Fish and Wildlife Service but no facts were submitted, only opinions. He stated staff felt the matter had been adequately addressed. Mr. Zeledon also indicated that staff received a letter from South Coat Air Quality Management District with concerns about the model used for determining any air quality effects. Commissioner Tolstoy asked for clarification regarding the South Coast Air Quality Management District letter. Mr. Zeledon replied the District has an emissions table and requires completion of a matrix, which staff subsequently completed and it confirmed there are no potential impacts. Commissioner Tolstoy asked if that will be required for every project. Planning Commission Minutes - 6 - February 14, 2001 Mr. Zeledon replied that staff believes it will as the District is updating their standards of emission data. • Commissioner Macias thought the South Coast Air Quality Management District had a minimum threshold. Dan Coleman, Principal Planner, stated that the threshold is 276,000 square feet. • Chairman McNiel invited public comment. Bryan Johnson, the B. Ivan Group, 13666 Cypress Avenue, Chino, stated he represented the owner and developer, PSW, Inc., whose company will occupy the building. There were no further public comments. Commissioner Tolstoy, stated that he supported the project so long as there were no problems with the fly or air quality. Chairman McNiel stated it is a good-looking building and he felt it will be a fine contribution to the community. Motion: Moved by Stewart, seconded by Mannerino, to issue a Negative Declaration and adopt the resolution approving Development Review 00-66. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded I. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 00-72 — FRITO LAY - A request to construct a 25,242 square foot office addition at the existing Frito Lay Facility on 37 acres of land in the General Industrial District(Subarea 5), located at 9535 Archibald Avenue- APN: 210-071-28. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel invited public comment. Bob Biacsi, Frito Lay, Inc. 9535 Archibald Avenue, Rancho Cucamonga, expressed appreciation for the City's willingness to work with them and the City's high standards. He felt they do a lot to have a positive effect on the community. There were no further public comments. Chairman McNiel felt the project is a good one. Commissioner Mannerino supported the project. Commissioner Tolstoy felt it is a good project. Motion: Moved by Macias, seconded by Mannerino, to issue a Negative Declaration and adopt the resolution approving Development Review 00-72. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded Planning Commission Minutes - 7 - February 14, 2001 J. UNIFORM SIGN PROGRAM NUMBER 139- LOWE'S-A request to establish a Uniform Sign Program for the Lowe's Home Improvement Store and adjacent buildings consisting of two restaurants and a bank on 20 acres of land in the Industrial Park District(Subarea 7), located at the southeast comer of Milliken Avenue and Foothill Boulevard - APN: 229-011-32. Brent Le Count, Associate Planner, presented the staff report. Commissioner Mannerino asked if the project had been thoroughly reviewed by the Design Review Committee. Chairman McNiel responded affirmatively. Commissioner Stewart recalled that the Committee had discussed neon signs and determined they would be prohibited. Mr. Le Count suggested adding a note to address neon signs. Brad Buller, City Planner, asked if it was the intent of the Design Review Committee to prohibit neon signs which would be permitted by the Development Code. Commissioner Stewart responded that was not the intent. Mr. Buller suggested adding a statement restricting neon signs to those which are permitted under the City Code. Commissioner Stewart agreed that would be fine. Commissioner Tolstoy felt such language should be in every sign program. Chairman McNiel invited public comment. John Bezzant, Catellus Development Corporation, 4000 Westerly Place, Suite 200, Newport Beach, stated they would be happy to include a statement regarding neon signs. He said he was available to answer questions. There were no additional public comments regarding this item. Motion: Moved by Macias, seconded by Mannerino, to approve Uniform Sign Program Number 139 by minute action. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried K. DEVELOPMENT REVIEW 99-72 MODIFICATION — CONCORDIA HOMES — A request to amend the previously approved design review for 55 homes within Tentative Tract 15911 to be a gated community with private streets in the Low-Medium Residential District (4 to 8 dwelling units per acre), located on the northeast corner of East Avenue and the Southem Pacific right- of-way-APN: 227-141-11 and 12. Brent Le Count, Associate Planner, presented the staff report. Planning Commission Minutes - 8 - February 14, 2001 Commissioner Tolstoy noted the streets will be private and he asked if they will be developed to City standards. Mr. Le Count replied affirmatively. He said that the City requires that gated communities construct streets to meet City standards in case the private community wishes to have the City take over maintenance at a future time. Chairman McNiel invited public comments. John Snell,American Pacific Homes, 1131 West 6th Street, Ontario, stated they had purchased two tracts from Ryland Homes. He said they are concemed about proximity to the freeway, high school, and a shopping center. He explained the streets were designed to be public streets and they have not changed those designs at all. Chairman McNiel asked if the buildings had been through the Design Review Committee. Mr. Snell replied affirmatively and said they would be presenting a few changes at the next Design Review Committee meeting. There were no additional public comments. Motion: Moved by Tolstoy, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving a Modification to Development Review 99-72. Motion carried by the following vote: - AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS There was no additional Commission business. ADJOURNMENT Motion: Moved by Mannerino, seconded by Stewart, carried 5-0, to adjourn. The Planning Commission adjourned at 8:43 p.m. to a workshop regarding the Master Plan for Victoria Arbors. The workshop adjourned at 9:15 p.m. and those minutes appear separately. Respectfully submitted, '' Bra?�:A ler Secretary Planning Commission Minutes - 9 - February 14, 2001