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HomeMy WebLinkAbout1999/04/14 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Adjourned Meeting Apd114, 1999 Vice Chairman Macias called the Adjourned Meeting of the City of Rancho Cucamonga Planning Commission to order at 9:30 p.m. The meeting was held in the Rains Room at the Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John Mannerino, Para Stewart, Peter Tolstoy ABSENT: Larry McNiel STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner, Dan James, Senior Civil Engineer, and Rebecca Van Buren, Associate Planner NEW BUSINESS A. PRE-APPLICATION REVIEW 99-03 - KAUFMAN AND BROAD - The proposed subdivision of 20 acres of land into 154 single family detached units in the Medium (8-14 dwelling units per acre) and Medium-High Residential (14-24 dwelling units per acre) Districts of the Victoda Community Plan, located on the northeast corner of Milliken Avenue and Base Line Road - APN: 227-691-01. Dan Coleman, Principal Planner, explained the purpose and format of the pre-application review process. Glen Crosby, Kaufman & Broad, stated the project embraces the concepts of new urbanism, also called neo-traditional planning. He described the underlying concepts and strategies of new urbanism, including the goal of creating pedestrian-oriented communities and social neighborhood interaction. He stated this site was well suited since there are commercial, recreational, and transit opportunities within easy walking distance. He noted the site is adjacent to a Ralph's shopping center, Central Park, a future community trail, and a transit stop. He remarked this is not a typical project, (i.e., single family detached center plot, condominium, or townhouse); but rather has zero lot line detached dwellings fronting onto a green court, an auto court in the rear, and a central common green with amenities. He presented colored elevations and stated they have enhanced the elevations since materials were distributed to Commissioners. He noted the rear elevations, facing the auto courts, are designed to the nature of front elevations and said side elevations also have been softened. He described the private yard area in side yards. Rebecca Van Buren, Associate Planner, stated the project site has an approved map which Matreyek Homes has kept intact over the years. She reported the approved project contains detached condominium dwellings and nearly the same number of units. She said the main issues are the arrangement of units on the site plan and the new architectural product. She observed that staff felt there is merit to exploring the neo-traditionalist concept. She indicated staff had prepared a sedes of overlays to portray possible design goals: an alternate street layout showing an intedor loop street to minimize the land area devoted to asphalt; an open space concept showing a meandering greenway through the interior of the project to lead pedestrians to destination points; and sample housing clusters or "pods" which front onto greencourts and side- on the pedestrian greenway spine. Ms. Van Buren said that although Kaufman & Broad is not opposed to the design strategy prepared by staff, they feel they will not be able to get the number of units needed to make the project feasible for them. She said Kaufman & Broad's plan includes pedestrian routes, but portions of the routes are parkway sidewalks as opposed to greenways completely removed from the street system. She commented that staff recommends the long, linear housing plotting in the center of the project be replaced by more compact clusters or courts like those shown for the perimeter of the site. Commissioner Mannerino expressed opposition to auto courts. He observed that he is familiar with many auto courts but has yet to find one that does not have parking problems. He described an incident that demonstrated his concern. Commissioner Stewart did not like the project. She indicated that it did not appear that anything had changed from the previous Pre-Application Review. She felt the parking provided was not enough and the proposed architecture was mediocre. She preferred smaller pods and a centralized, meandering greenway design, as presented by staff. Commissioner Tolstoy said it would be interesting to see how things work on trash day. He recommended the project reinstate pedestrian greenways similar to those in both the Victoria and Terra Vista Planned Communities. Since many homes have more than two cars, he thought the project should have more off-street parking. He felt the design is too monotonous. Commissioner Macias felt the design is too structured and the project is unacceptable as presented. The thought the project needs more greenbelts and to be more pedestrian-friendly. He felt the houses appear to be small islands surrounded by asphalt. Brad Bullet, City Planner, summarized that the Commission unanimously feels the project is not going in the right direction. He said he was interested in seeing a successful new urbanism project, but comparable projects are not within touring distance of the city to his and Kaufman & Broad's knowledge. He noted staff may have an opportunity to see, and possibly tour, new urbanism projects in the Seattle area at the APA conference in late April. PUBLIC COMMENTS There were no public comments at this time. ADJOURNMENT. The Planning Commission adjou~:ned at 10:00 p.m. Respectfully submitted, Secretary PC Adjourned Minutes °2- April 14, 1999 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting April 14, 1999 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:16 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 Bullet, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Craig Fox, Deputy City Attorney; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall Sanchez, Planning Commission Secretary; Rebecca Van Buren, Associate Planner; Alan Warren, Associate Planner; Rudy Zeledon, Assistant Planner ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Macias, carried 5-0, to approve the minutes of March 10, 1999. Motion: Moved by Tolstoy, seconded by Stewart, carried 5-0, to approve the minutes of the Adjourned Meeting of March 10, 1999. Motion: Moved by Mannerino, seconded by Stewart, carried 5-0, to approve the minutes of the Adjourned Meeting of March 23, 1999. CONSENT CALENDAR A. DESIGN REVIEW 99-01 - WOODSIDE HOMES - The design review of building elevations and detailed site plan for previously approved Tentative Tract 15915, consisting of 36 single family lots on 21 acres of land in the Very Low Residential District (up to 2 dwelling units per acre) of the Etiwanda Specific Plan, located at the southwest corner of Etiwanda Avenue and Victoria Street - APN: 227-101-04, 12, and 14. B. VACATION OF AN EASEMENT FOR INGRESS AND EGRESS AND RELATED PURPOSES - Located north of Highland Avenue, west of Etiwanda Avenue - APN: 225-161o19, 32, and 33. Commissioner Tolstoy indicated he did not wish to pull Item A from the Consent Calendar but wished to comment that several new streets will be constructed within the tract. He encouraged the use of historic names for the streets. Brad Bullet, City Planner, indicated that such use is encouraged with all new tracts and said that staff would pay particular attention with this tract. Motion: Moved by Mannerino, seconded by Tolstoy, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS C. ENVIRONMENTAL ASSESSMENTAND TIME EXTENSION FOR TENTATIVE TRACT 14055 - MODERN CORPORATION - A request for a time extension for a 115-unit condominium project on 10.27 acres of land in the Medium Density Residential District (8-14 dwelling units per acre), located north of Arrow Highway on the east side of Baker Avenue - APN: 207-201-12 and 32. Brent Le Count, Associate Planner presented the staff report. Chairman McNiel opened the public hearing. There were no comments and he closed the hearing. Motion: Moved by Mannerino, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Time Extension for Tentative Tract 14055. Chairman McNiel questioned if it would be in the City's best interest to have the project go back to the Design Review Committee. He wondered if the project will ever be built. Commissioner Mannerino indicated his motion had been on the assumption that the project would have to go through Design Review. Commissioner Tolstoy indicated he was withdrawing his second. He asked if staff knew if the project will be built. Brad Bullet, City Planner, reported he had conversations with the developer regarding several projects they have in process. He stated the developer indicated the market is currently not right for the product on the approved map but said they would prefer to keep the project intact. He stated that staff believes there is enough room on site to make the project work. He said that if staff finds the site plan or the amenity package to be unacceptable, the matter can be addressed later. He commented that the developer is not ready to build at this time. Chairman McNiel asked how many more opportunities are available for extension. Mr. Le Count replied that the there is only one more. Planning Commission Minutes -2- April 14, 1999 Commissioner Tolstoy asked if the project could be required to return to the Design Review Committee for approval. Mr. Buller responded that could be done or the Commission could postpone action and ask the applicant to show a good faith effort at this time. Commissioner Macias summarized that the resolution, as written, allows the item to be processed through the Design Review process at staff's discretion. He recalled that he had recently supported a similar time extension with the provision that it be returned for review by the Design Review Committee. He stated the community had raised concerns regarding the other project but he had also been concerned that such a long time had elapsed since approval with nothing happening. He concurred with Chairman McNiel's concerns but felt it may also be a policy issue. Chairman McNiel recalled that the City had recently extended the time limits for project to be kept alive. Mr. Buller confirmed that the City Council had elected to allow projects to be extended to the maximum allowed by state law. He observed the Commission is under no obligation to approve time extensions. Commissioner Mannerino felt each project must be looked at individually. He said he had been under the assumption that the project would have to go back through design review. He reiterated his motion to issue a negative declaration and adopt the resolution approving Time Extension for Tentative Tract 14055 with modification to require that the design be subject to approval by the Design Review Committee. Motion seconded by Commissioner Tolstoy. Motion carried by the following vote: AYES: MAClAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried D. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 99-01 - LEWIS DEVELOPMENT COMPANY- A request to amend the Terra Vista Community Plan to redesignate the land use district for Parcel 1 of Parcel Map No. 14786 from Medium Residential (8-14 dwelling units per acre) to Elementary School, located at 7889 East Elm Avenue - APN: 1077- 421-88. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. Pat Loy, Lewis Development Co., 801 Corporate Center Drive, #210, Pomona. stated he was available to answer questions. He thanked staff for its quick processing of the project. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Stewart, seconded by Macias, to recommend issuance of a Negative Declaration and adopt the resolution recommending approval of Terra Vista Community Plan Amendment 99-01. Motion carried by the following vote: Planning Commission Minutes -3- April 14, 1999 AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15282 - SILVERADO GROUP, LLC - A subdivision of 5.0 acres of land into 4 parcels in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan, located on the south side of Foothill Boulevard, east of Aspen Avenue - APN: 208-352-82. Dan James, Senior Civil Engineer, presented the staff report. Chairman McNiel opened the public hearing. Jens Thielmann, Thielmann Engineers, 1078 Town and Country Road, Orange, indicated they agreed to the conditions. Headng no further testimony, Chairman McNiel closed the hearing. Motion: Moved by Mannerino, seconded by Tolstoy, to adopt the resolution approving Parcel Map 15282. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried F. ENVIRONMENTALASSESSMENTAND VICTORIA COMMUNITY PLAN AMENDMENT 98-02 - WILLIAM LYON HOMES - A request to amend the Victoria Community Plan to reduce the Village Commercial land area from approximately 23 acres to 16 acres, and to redesignate approximately 16 acres of land from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) on a project site consisting of 62.3 acres of land, located southwest of Highland Avenue and the future Day Creek Boulevard - APN: 227-021-03 and 13. G. ENVIRONMENTAL ASSESSMENT AND VESTING TENTATIVE TRACT 15871 - WILLIAM LYON HOMES - The proposed subdivision and design review of detailed site plan and elevations for 181 single family lots on 62.3 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre) of the Victoria Community Plan, located southwest of Highland Avenue and the future Day Creek Boulevard - APN: 227-021-03 and 13. Rebecca Van Buren, Associate Planner, presented the staff report and suggested a change to the resolution to require that the developer submit a revised Victoria Community Plan incorporating the changes made to the graphics and text made by this amendment. She asked for Commission direction regarding undergrounding. Chairman McNiel asked how much area will not be undergrounded if the undergrounding is per the resolution as proposed. Ptanning Commission Minutes -4- April 14, 1999 Dan James, Senior Civil Engineer, responded about 600 feet would be deleted from a strict interpretation of the undergrounding policy. Dan Coleman, Principal Planner, pointed out that there is an unusual amount of frontage adjoining the project because of the vadous rights of way. Chairman McNiel recalled a similar situation in connection with a project on Eighth Street which was very shallow but had side streets and a railroad right of way to the rear and the Commission required the full amount of undergrounding. Mr. James clarified that undergrounding per a strict interpretation of the resolution would provide for an additional 600 feet but there is a total of 1,200 feet in the area. He noted that the property to the north side is already developed. Commissioner Mannerino asked how much area is to be undergrounded. Mr. James replied a total of 1,600 feet across their property and beyond. He indicated the area to be undergrounded on a map. Commissioner Stewart observed that if the additional 600 feet is required of the developer, there will still be another 600 feet that will not be undergrounded. Commissioner Tolstoy asked if there is a possibility that the land will be released for development. Mr. James responded that was possible. He noted the flood control basin is to the south. Commissioner Tolstoy observed the utilities could be undergrounded at that time. He asked about the small triangular piece. Ms. Van Buren observed it is zoned Commercial but will not be suitable for development for quite some time because of Caltrans work. Chairman McNiel opened the public headng. Cad Morabito, William Lyon Homes, 4490 Von Karman Avenue, Newport Beach, commended the City for its design review process and said it is a refreshing process. He thanked staff for the work done on the project. He felt the residential and commercial uses will work well together. He thought the situation is unique with respect to undergrounding and said it was his understanding that they should only be required to pay 1/2 of the cost of undergrounding times the length of the project frontage. He indicated that undergrounding along the San Bernardino County Flood Control Channel and the Southern California Edison rights of way adds another 45 percent to their undergrounding. He questioned why Engineering Condition No. 3 was added and said it was recently added following a Technical Review Committee Meeting. He asked that Engineering Condition No. 3 be removed. Commissioner Mannerino asked for confirmation that the applicant believes they should only be responsible for 1/2 the cost of undergrounding across their site. Mr. Morabito replied that was their understanding and request. Hearing no further testimony, Chairman McNiel dosed the public hearing. Planning Commission Minutes -5- April 14, 1999 Mr. James noted that the utility lines are currently on the north side of Highland; however, Caltrans is relocating them and the project will have property on both sides of Highland Avenue, thus they are responsible for both halves. He observed that Mitigation Measure Condition No. 6 requires that the development pay its fair share contribution to traffic militations with respect to the project's Congestion Management Program/Traffic Impact Analysis. He explained that Engineering Condition No. 3 was an intent by the City Engineer to specify that fair share amount and to clarify that it must be a cash in lieu deposit. He observed that even if the Commission were to delete Engineering Condition No. 3, the developer would still be responsible for the payment. He stated that Engineering will attempt to be specific on all future projects. Mr. Coleman indicated this is not the first time that fee has been required. He noted the fair share amount was calculated by the applicant's consultant and verified by City staff. Commissioner Mannerino felt undergrounding as recommended by staff is fair. He felt payment of the full cost of undergrounding along Highland Avenue should be required. He supported approval with the recommended changes by staff. Chairman McNiel commented that he would ask that the applicant pay for the additional 600 feet if they were not being required to pay for undergrounding along both sides of Highland Avenue. Commissioner Mannerino felt that requiring the additional 600 feet would not do the City much good because there would still be another 600 feet that would not be undergrounded without having it be a City project. Commissioners Stewart and Tolstoy concurred with Commissioner Mannerino. Motion: Moved by Mannedno, seconded by Macias, to issue a Negative Declaration for Vesting Tentative Tract 15871 and adopt the resolutions recommending approval of Victoria Community Plan Amendment 98-02 and approving Vesting Tentative Tract 15871 and design review thereof with modification to require that the developer submit a revised Victoria Community Plan incorporating the changes reflected in this project. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried H. DEVELOPMENT CODE AMENDMENT 99-01 - CITY OF RANCHO CUCAMONGA- A request to amend the regulations for wireless communication facilities. Rebecca Van Buren, Association Planner, presented the staff report. Chairman McNiel asked if there is a limit to the number of antennas on a co-location facility. Dan Coleman, Principal Planner, indicated the number is unlimited by the ordinance as proposed; however, there are practical limitations on how many can fit on one monopole because they must be a certain distance from each other. Ms. Van Buren indicated the City could require redesign as a stealth facility under the conditional use permit process. Planning Commission Minutes -6- April 14, 1999 Chairman McNiel opened the public hearing. Joe Richards, land use consultant for Air Touch Cellular, 6529 Riverside Avenue, Suite 115, Riverside, reported they have had some problems with siting facilities. He did not feel the proposed changes undermine the intent of the code. Chairman McNiel asked what technology has in store with respect to non-use of monopole. He said he recently saw a television commercial where someone in the Arctic was using a cell phone, so the technology exists and is being sold whereby monopole are not necessary. Mr. Richards replied that he is not that familiar with satellite technology. Ted Madonelli, 6665 Convoy Court, San Diego, stated he represented Sprint and they are in favor of the amendment. He said there are other carriers who also take advantage of the facilities. He felt that it will take another 20 to 30 years before satellite technology is extensively used. Mr. Coleman commented that the satellite phones sell for $3,000. Commissioner Mannerino observed that air time for satellite phones is $8 per minute. Chairman McNiel asked if the poles will be removed when they are no longer necessary. Mr. Coleman indicated the ordinance has a provision for removal of abandoned facilities. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Mannerino felt there is a need for more cell sites. He favored the amendment. Motion: Moved by Tolstoy, seconded by Mannerino, to adopt the resolution recommending approval of Development Code Amendment 99-01. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded NEW BUSINESS I. APPEAL OF DEVELOPMENT REVIEW 98-27 - An appeal of the City Planner's decision regarding the approval of a 3,283 square foot single family residence in the Very Low Residential District (up to 2 dwelling units per acre), located on the north side of Vicara Drive, east of Sapphire Street - APN: 1061-141-47. Rudy Zeledon, Assistant Planner, presented the staff report and showed pictures of the site and the adjacent horse trail containing overgrown vegetation and illegal dumping. Chairman McNiel invited public comment. Planning Commission Minutes -7- April 14, 1999 Robert Dewar, 8321 La Senda, Rancho Cucamonga, stated he paid a $10,000 premium for his home because of the view. He said the project will block his view because of the height of the pad. He asked when the topo map was taken. Dan Coleman, Principal Planner, stated that the proposed pad elevation is 2,048 feet, which is consistent with the existing topography. He noted that was consistent with what the City flew about 10 years ago. He stated the land was rough graded at the time the parcel map was approved. Curtis Bell, 8317 La Senda, Rancho Cucamonga, said dirt was piled up 4 to 5 feet and not moved. He stated he uses the back area for a horse even though he currently doesn't have a coral, but rather corals his horse elsewhere. He acknowledged he had placed his RV trailer in his back yard which he later found out was not permitted. He indicated he will move the RV. He said that when he purchased his house, he was told the trail was for his own use. He stated that when he first moved in, the trail drained away from his property, but it has since been changed and the slope is now towards his property. He said they get drainage eve~ time it rains. He observed that he had been told that Mr. Anderson is not finished with the trail and will clean up after it is done; however he asked how long that will take. He questioned why the drainage was changed. Commissioner Stewart asked how long Mr. Bell has lived in his house. Mr. Bell responded that he has been there just over a year. Chds Real, 8327 La Senda, Rancho Cucamonga, stated his property is located directly behind the new development. He said he has lived there six years and knew when he purchased that the property belowwould eventually be developed and he attended the hearings when the project was first discussed. He indicated he has turned his gate arodnd so that it no longer swings into the bddle path. He said he has watched dirt being moved and he believed the pad height has increased from what it was prior to grading. He noted the developer has said the houses will be similar to the house to the east and follow the lay of the land. He indicated he would like to review the old topo maps and requested that the level of the land be reduced about 4 feet. Lyne Dewar, 8321 La Senda, reported she had secured a copy of the original topo map from the County of San Bemardino. She requested a soils test because she believed the developer added height to the lots. She asked that the height be reduced 4 feet because she believed the site had been raised. She provided the copy of the original topo map. Brenda Bell, 8317 La Senda, Rancho Cucamonga, stated she had been unable to open her gate. She said she had a meeting with City staff and they agreed she should raise her gate. She indicated she then raised it 3 inches, but she has since raised it two more times. She asked how many times she will have to raise her gate. Don Anderson, 5341 Carol Avenue, Rancho Cucamonga, said there is considerable conversation regarding the pad elevation. He indicated they have not raised the pad, but rather graded it level. He stated the soils report indicated he should grade off the top foot and re-compact the dirt and that was the only grading they have done. He commented he has elevated his side of the bridle trail slightly to cause the water to drain through to Jasper Street which it does when the trail is free of debds. He said that if there is an excessive amount of water on the bridle trail, it will drain onto his property. He noted this is the second house of the four he intends to build. He observed that the trail is private and asked if gates opening onto the trail would not be an encroachment. Planning Commission Minutes -8- April 14, 1999 Craig Fox, Deputy City Attomey, said there may be conditions within the easement that allow gates to open into the trail. He noted that if the easement is silent, there might be a claim regarding encroachment; however the encroachment is only temporanj. Mr. Anderson said he would be able to accommodate the swing of the Bell's gate. He noted that the Bells do not have access to their back yard except from the bridle trail. He said they had used the trail for construction equipment access when building a garage for boats and had dumped debds on the bddle trail. He stated a 3 foot boulder which came from the Bell's property is still in the trail. He said Mr. Real's back property fence encroaches 2 feet into his property. He stated Mr. Dewar uses the back area to store debris and that impacts drainage. He asked that the Planning Commission define the use of pdvate property. He felt the proposed house will upgrade the neighborhood. He reported his first house sold for $480,000. He noted that the highest peak on the proposed house is 28 feet but it has a sharp slope so that the sight line is less impacted. He suggested the neighbors contact the real estate agents who charged a premium for view lots if they feel they did not receive their money's worth. There were no additional public comments. Chairman McNiel asked when staff will be reviewing the final grading. Mr, Zeledon indicated the project is approved and has been approved by the Grading Committee, so work could begin shortly. He noted the topo map from 1987 indicates a height of 2,049 which is consistent with the current height. Chairman McNiel questioned the trail drainage. Mr. Coleman described the drainage required of typical trails. He noted trail improvements will be made as the adjacent house is developed. Chairman McNiel asked to whom the easement belongs. Mr. Coleman responded that it belongs to Mr. Anderson. Chairman McNiel asked if staff is satisfied with the topo elevation. Mr. Coleman responded affirmatively. He noted that with a 28 foot height at the upper gable, 8-1/2 feet would be above the pad grade to the north. He noted its impact would be partially blocked by a fence. Commissioner Macias noted the City does not have a lot of jurisdiction to solve problems between residents, Commissioner Mannerino observed the City does not have any ordinance which allows it to address view issues. He noted the footprint of the house is half of what is allowed. Chairman McNiel commented that with respect to the view corridor issue, the City cannot do anything about the problem if the individual does not own the property being developed. He thought that once the trail is improved correctly, it will have the proper ditch and the drainage issue will disappear. He felt the debris needs to be removed from the trail. Planning Commission Minutes -9- Apd114, 1999 Mr. Coleman indicated staff has notified Code Enforcement that the debris is contributing to the drainage problem. Chairman McNiel felt the concerns raised by the appellants are outside the purview of the City and are a potential property issue. He thought Mr. Anderson is within his rights under the law. Motion: Moved by Macias, seconded by Mannerino, to adopt the resolution denying the appeal and upholding the City Planner's approval of Development Review 98-27. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS J. GENERAL PLAN LAND USE AMENDMENT POLICIES Brad Bullet, City Planner, stated that the General Plan Update Task Force met earlier in the evening. Dan Coleman, Principal Planner, reported that an application had been filed for Items No. 7 and 8 on the Pending and Proposed GPA Applications listing. Commissioner Mannerino favored Option No. 3. He observed that developers have requested trading Commercial land for Residential and to trade densities on the Residential. He did not think the City should allow a swap of land uses on a major scale without looking at the entire City. He observed that the update will probably take 16 months. He preferred a site specific moratorium. Commissioner Macias asked if projects could not simply be denied if the City feels approval would hinder the General Plan update rather than establishing a moratorium. Mr. Bullet commented that if the Planning Commission or City Council are under no obligation to approve any General Plan Amendment applications where they feel there are missing elements of information needed to justify the proposal. Commissioner Mannedno pointed out that if a moratorium is not in place, the City would have to make necessary findings to deny a project. He felt there are certain sites that should not be developed until the General Plan update has been completed. Commissioner Macias felt the Commission knows what is or is not a good project. He wasn't sure there are specific areas which should be delayed. Chairman McNiel questioned if establishing a City-wide moratorium would not avoid the opportunity for developers to claim preferential treatment. Commissioner Mannerino felt there may be good projects which should not be delayed. Planning Commission Minutes -10- April 14, 1999 Commissioner Tolstoy noted the City is operating under a General Plan that is getting old and possibly outdated. He felt there is a need to go over the General Plan and bring it up to date. Alan Warren, Associate Planner, remarked that there will be an Environmental Impact Report (EIR) completed for the General Plan update. He observed that an EIR recently had to be recirculated at additional cost because the project changed. He wanted to be sure that the EIR for the General Plan update is manageable because it will be City money. Commissioner Macias remarked the City should not have a moving target. Mr. Warren commented the consultant had indicated an ability to incorporate the projects which are in process. Commissioner Tolstoy commented that the Commission recently recommended a land change for a school lot and he felt the City needs to have the ability to continue to do those as the need adses. Commissioner Mannerino stated he was not suggesting changes. He observed the process will take approximately 16 months. He thought the City could still look at land use changes. It was the consensus of the Commission to support Option No. 3, establishing a site specific moratorium on all General Plan Amendments until an interim General Plan update is endorsed by the City. Mr. Buller summarized that the Commission supported Option No. 3. on a 5-0 basis. He asked what areas of the City the Commission would like to define. Commissioner Mannerino suggesting defining it as any land use which abandons Commercial or Industrial uses. Commissioner Macias felt it should apply only to large projects which are of regional significance; i.e., any project SCAG would comment on. Mr. Bullet asked if the Commission was looking for a moratorium on any Commercial or Industrial land to another use. Commissioner Mannerino felt the problem is not site specific but rather use specific. He asked if that would be a fair basis for a moratorium. Mr. Buller requested the attorney's opinion on whether a use specific moratorium is feasible. Craig Fox, Deputy City Attorney, stated he recently had a City which indicated all 5-acre in-fill parcels would need to be studied. He said that the City may invite unfairness claims if it chooses specific sites, particularly if there are pending applications. He thought that more general or genedc descriptions of an area would lead to fewer serious legal challenges. Mr. Bullet suggested the Commission may feel more comfortable reviewing specific language to define what they wanted. He said the award of the contract would be on the April 21 City Council agenda, but this matter is a separate issue. He indicated staff could return with proposed language for review by the Commission at its next meeting. Planning Commission Minutes -11- April 14, 1999 Commissioner Mannerino agreed he would feel more comfortable reviewing the language, i Commissioner Tolstoy asked if waiting two weeks would be a problem. Mr. Bullet did not feel that would be a problem. He asked if the moratorium should also be on the reverse process. It was the consensus of the Commission that was the case and they would like to review the issue at the next meeting. PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Brad Bullet, City Planner, announced that staff received notification of a Califomia Historic Preservation Conference to be held in Palm Springs on May 20 through May 23. He asked the Commissioners to advise staff if they were interested in attending. ADJOURNMENT Motion: Moved by Tolstoy, seconded by Stewart, to adjourn. The Planning Commission adjourned at 9:25 p.m. to a workshop immediately following in the Rains Room regarding Pre- Application Review 99-03. The workshop adjourned at 10:00 p.m. and those minutes appear separately. Respectfully submitted, Secretary Planning Commission Minutes -12- April 14, 1999