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HomeMy WebLinkAbout1998/09/23 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 23, 1998 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. SWEARING IN OF NEW COMMISSIONERS Mayor Alexander administered the oath of office to Commissioners Mannerino and Stewart. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John Mannerino, Larry McNiel, Pam Stewart, Peter Tolstoy ABSENT: None COUNCIL MEMBERS: PRESENT: Bill Alexander, Bob Dutton STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Michael Estrada, Deputy City Attorney; Nancy Fong, Senior Planner; Jori Gillespie, Traffic Engineer; Brent Le Count, Associate Planner; Betty Miller, Associate Engineer; Gall Sanchez, Planning Commission Secretary; Rebecca Van Buren, Associate Planner; Alan Warren, Associate Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that the California Chapter of the American Planning Association presented an Award of Excellence to the City for "The Kids Neighborhood Workshop," an educational online workshop regarding planning developed by Principal Planner Dan Coleman. Mr. Bul[er introduced Traffic Engineer Jon Gillespie. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Macias, carried 3-0-1, to approve the minutes of September 9, 1998. CONSENT CALENDAR A. TIME EXTENSION FOR DESIGN REVIEWOF TENTATIVE TRACT 14509 - INLAND CITIES CORP. - A request for a time extension for the design review of 18 single family lots of an approved Tentative Tract Map on 3.84 acres of land in the Low Residential District (2 to 4 dwelling units per acre), located on the east side of Hermosa Avenue, between Wilson Avenue and Banyan Street - APN: 201-183-01. Chairman McNiel pulled the item from the Consent Calendar at the request of a resident. He invited public comment. Debbie Flores, 10121 Kernwood, Rancho Cucamonga, stated she lives directly north of the project. She commented that the project had originally been approved in 1992 and has been extended several times. She said that the Commissioners had received a petition requesting that the time extension be denied based on the time that has passed since approval and because 50 percent of the neighborhood moved in following approval of the project. She stated she will be able to look directly into the master bedroom of the house that will be built behind hers and asked that a one-story house be built behind her house instead of the proposed two-story unit. She indicated the builder had informed her that a condition requires that one-stow units be placed on Hermosa and said she felt one-stow units will look out of place on Hermosa. She asked that the two-story house planned behind her house be switched with a one-story at the end of the cul-de- sac along Hermosa. She stated that her house has the shortest back yard in the tract and said the new house also has a short back yard. She felt the City should have advised homeowners that Baayoun no longer owns the tract. She asked that the plan be looked at more closely and a one-story house be placed behind her home. There was no further public testimony regarding this item. Brad Buller, City Planner, stated the time extension previously had come before the Planning Commission on August 12, 1998, at which time the Commission approved the time extension for the tract but directed that the design review go back before the Design Review Committee. He indicated that the Design Review Committee determined the standards could still be approved and there was no new information. He commented that Mrs. Flores had commented when the project was first approved and had attended the Design Review Committee meeting. He indicated the project had not changed but it was within the realm of the Planning Commission to change the design if it so desired. Commissioner Macias stated he had been instrumental in requesting that the time extension for the design review be delayed so the Design Review Committee could review the concerns raised by Mr. and Mrs. Flores at the August 12 meeting. He indicated his sole interest had been to review if any new impact thresholds have occurred. He commented that he had stated at the August 12 meeting that there may be no new recommendations. He reported that he requested staff accompany him to the project site and he surveyed the area. He said he was particularly concerned with whether Mr. and Mrs. Flores would be suffering anything above and beyond anyone else in the neighborhood. He explained they drove the neighborhood and he believed that the current residents do not want their view sheds blocked. He felt the development as proposed is no different from the rest of the neighborhood and he concluded there is no new and different burden. He thought the majority of the impact will be on the new house to be built because it is on the down slope and the existing residents will be able to look down on the new house. He did not recommend that the Commission alter the design at this time because it is consistent with the rest of the neighborhood. Planning Commission Minutes -2- September 23, 1998 Motion: Moved by Mannerino, seconded by Tolstoy, carded 5~0, to adopt the consent calendar. PUBLIC HEARINGS B. DEVELOPMENT CODE AMENDMENT 98-02- CITY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units for consistency with changes in State law. (Continued from September 9, 1998) Chairman McNiel observed that staff had requested the matter be continued to October 14, 1998. He opened the public hearing and there was no comment. Motion: Moved by Stewart, seconded by Macias, to continue Development Code Amendment 98-02 to October 14, 1998. Motion carried by the following vote: AYES: MAClAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded c. DIRECTOR'S REVIEW 79-24 o FRANK H. AYERS & SONS (ALBERTSONS)- A request to determine if a commercial center is being operated in a manner not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity, and a request to consider modifying the conditions of approval for the commercial center in the Neighborhood Commercial District, located at the southeast corner of Base Line Road and Archibald Avenue - APN: 1077-011-45 and 47 through 52. Nancy Fong, Senior Planner, presented the staff report. She reported that staff contacted an environmental consultant who specializes in air quality and was told that only a handful of air toxic components are scientifically recognized as cancer causing. She said the health risk threshold is set by the Environmental Protection Agency and depends upon a 24-hour concentration, peak hour concentration, and the way and rate of disbursement. She said it was the professional opinion of the environmental consultant that it would probably be a scientifically insignificant level. Ms. Fong pointed out that the Development Code has performance standards which state that no business activity or operation shall be permitted to emit odorous gasses or matter in such quantities as to be dangerous, injurious, nauseous, or otherwise objectionable and readily detectible without the aid of instruments. She said staff believes the residents' concerns are legitimate and the operation of AIbertsons creates a negative impact on the residents and additional control measures are needed to address the problems. She provided three alternative layouts for reorienting the loading dock. Commissioner Mannerino asked how far below grade a truck would be parked when using the loading dock on Alternatives B and C. Ms. Fong responded those alternatives would require regrading to lower the level. She showed pictures of the existing loading dock. Brad Buller, City Planner, noted that the alternatives were conceptual drawings to show potential altematives for the Commission's consideration, rather than engineering drawings or accurate architectural drawings. Planning Commission Minutes -3- September 23, 1998 Ms. Stewart asked if a 12-foot wall is a realistic possibility. Ms. Fong replied it would be possible but the cost factor would be quite high because the existing block wall would have to be removed and replaced with a retaining wall plus the height of the wail and it would require cooperation from alt of the property owners to allow the contractor to do the work. Chairman McNiel opened the public hearing. Dods Tranchina, 7409 Archibald Avenue, Rancho Cucamonga, stated there is a 12-foot high wall along their back yard that was installed by AIbertsons. She said she has no problems with Albertsons and wants them to stay in their location. She indicated Albertsons has been very cooperative and said they hear more noise from the public library across the street. Dave Thompson, 7390 London Avenue, Rancho Cucamonga, stated that he had formerly criticized staff for not conducting a public hearing when Albertsons moved their location, but he would like to acknowledge now that he would not have foreseen the problems that have been experienced. He thanked the City for allowing a public hearing at this time to try to address the problems. He stated there had initially been a lighting problem which Albertsons fixed. He indicated deliveries have been compressed into an appropriate time but he felt security is still a problem. He reported that about six weeks ago there were three to four men sitting in his back yard and they exited over the wall when his wife took their dog into the back yard. He stated that privacy and noise are still problems. He noted that from 8:00 a.m. until mid-afternoon it is very noisy. He agreed with the control measures suggested in the staff report; however, he felt the windows on the south side of his house are also impacted. He observed that no one had taken a sound reading from his house. He noted that addressing the noise by installing dual pane windows only works when the windows are closed and it would preclude their opening the windows for air circulation. He hoped a resolution is reached. Ralph Strane, 7403 Archibald Avenue, Rancho Cucamonga, stated he lives adjacent to Albertsons on the Archibald Avenue side. He reported that three to four years ago there had been problems with truck deliveries at all times of the night adjacent to his bedroom but the problem was resolved when the City posted signs restricting deliveries. He said they no longer have any problems or hear the trucks. Patti Davies, 7398 London Avenue, Rancho Cucamonga, stated her house is on the other side of the wall from the loading docks. She noted that when the previous speakers from Archibald had problems, the loading docks were in their original location prior to AIbertsons' move. She reported that Albertsons paid for dual pane windows on the back of her home. She provided a brochure on a noise control fencing material. She favored relocating the loading docks and indicated trucks currently have to back in and out two to three times because it is such a tight squeeze. She challenged the noise study because she said no one had taken any noise readings from her house or those of her neighbors. Dan Coleman, Principal Planner, stated the numbers in the noise study came from a computer model based on the distance from the wall and the noise level. Ms. Davies observed that it is necessary to pay someone to monitor noise in order to use the amphitheater at Red Hill Park and she said she would like to have a monitor set up in her back yard. She stated she cannot use her back yard when trucks are there. She mentioned that a lot Planning Commission Minutes -4- September 23, 1998 of drivers are courteous and turn off their units when they are parked there but some do not. She said that Albertsons is aware of the problem. Harry Nelson, 7380 London Avenue, Rancho Cucamonga, stated he had just purchased the property adjacent to the Davies. He reported he had gone to Albertsons and asked them if they lock the gate at night and was assured they do; however, he had checked the gate for the last ten days as he left for work at 4:30 a.m. and the gate was not locked. Scott Thayer, Real Estate Manager for Albertsons, 1180 West Lambert, Brea, stated he had hoped that the measures previously implemented would take care of the problem. He observed that the neighborhood east of the shopping center was built in 1978, the same year the shopping center opened. He said he understood that the neighbors want quiet enjoyment, but he pointed out that it is a commercial center. He explained that when Albertsons moved to the vacant hardware store site, the City requested that two walls line the loading dock area. He felt those walls now act as an amplifier of the noise. He gave a brief background of the problems and the measures they had taken to address the problems. He pointed out that they had submitted an acoustical study which shows they do not exceed the noise standards set by the City. He questioned if reconfiguring the loading docks would satisfy the neighbors. He suggested a concrete fence 4 feet high with a visual block of mesh material above that. He indicated they are trying to address the problems in a cost effective manner and stated that a 12-foot high retaining wall would cost in excess of $100 thousand. He offered to work with City staff and the residents in addressing the concerns. Commissioner Macias questioned the market hours and security arrangements. Mike Hir-z, Albertsons Store Manager, 9775 Base Line Road, Rancho Cucamonga, replied that the store is open from 6:00 a.m. to 1:00 a.m. He reported they use store personnel within the store and do not have any outside security. Commissioner Macias asked if Albedsons had evaluated the dock reconfiguration alternatives. Mr. Thayer replied they had not as they had only received them at 3:00 p.m. today. Commissioner Macias asked if Albertsons is open to entertaining possible solutions. Mr. Thayer responded affirmatively. Commissioner Macias observed that Albertsons conducted a noise study and he asked if they had considered the possibility of assisting the homeowners with double pane windows. He commented that would be more cost effective than a wall. Mr. Thayer responded that noise is only one issue. He thought the privacy issue is more important to the residents. Commissioner Macias felt the problem has to do with quality of life. He suggested the market consider security to deal with truckers who leave their motors running and also loitering. Mr. Thayer replied that external security is expensive. Commissioner Macias asked if Albertsons had reviewed the mitigations suggested in the staff report. Planning Commission Minutes -5- September 23, 1998 Mr. Thayer answered they are not acceptable as written. He stated they have spent close to $10,000 on gates and the acoustic study. He reported they had just received a brochure for Woodcrete fencing and he has asked for proposals to line the property. He said they are in the process of reviewing the options and costs. Mr. Bullet indicated staff brought the issues to the attention of Albertsons and the shopping center owner. He requested the Planning Commission's position on the issues identified. He observed that staff provided a variety of alternatives to deal with the issues and indicated that Albertsons has the option to come back with alternate proposals. He remarked that it is not uncommon for neighboring residents to object to a commercial center and pointed out that newer centers do a better job of buffering the adjacent residential uses. He noted that this center had been approved under County standards before City incorporation. He believed there needs to be a compromise. He noted that the evidence to date appears to indicate that the center is not in violation of noise standards or air pollution standards. He felt it is a security and aesthetic problem. He acknowledged that it would be handled differently now if it were just being processed as a new project. He indicated staff believes the biggest issue is noise and stated that staff was looking for Commission concurrence that more can and should be done to address the issues. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy stated that he personally feels Albertsons is a great asset to the community, especially at its new location. He observed that one of the charges of the Planning Commission is public health, safety, and welfare and he thought several things need to be addressed: truck noise, loss of privacy, diesel fumes, and security. He thought it should be possible to come to a solution. Commissioner Mannerino felt part of the operation is detrimental to the neighborhood. He indicated he had looked at the wall and did not think there is a feasible or economic way to build the wall 12 feet high on Albertsons' side. He thought the existing wall and the edge of the building form an amphitheater, increasing the problem and suggested the use of sound attenuation materials to lessen the problem. He felt security should be provided, particularly since the center so closely abuts the residences and thought that would take care of getting the gate locked. He felt air pollution is the most difficult issue and noted that increasing the height of the wall will not abate that. He thought the only solution would be to move the loading docks. He observed that Alternatives B and C call for lowering the loading docks. He noted that loading docks are enclosed in some centers. Commissioner Macias concurred with the other Commissioners. He felt it is fundamentally a quality of life issue. He recognized that Albertsons has a business to run but he felt the residents' complaints have to be addressed. With regards to noise and security, he thought Albertsons must more carefully regulate the activity that occurs in the loading dock area. He thought more site specific noise readings might be beneficial and felt that security would not bankrupt A~bertsons. He also thought they should look at the wall more closely. He suggested Albertsons consider what had been said and return to the Commission with their proposal at a later date. Commissioner Stewart concurred with the other Commissioners. She thought there should be an attempt to resolve the situation to the satisfaction of AIbertsons, the City, and the residents. Regarding the diesel and soot, she suggested strong consideration be given to moving the loading docks, but noted that the vacant field behind Albertsons is zoned for residential use. She felt the cost to Albertsons should be seriously considered. Planning Commission Minutes -6- September 23, 1998 Chairman McNiel stated the situation is a nuisance problem. He observed that the neighbors said nice things about Albertsons and said Albertsons appeared willing to make some type of conciliatory effort to solve the problems. He suggested the matter be turned back over to staff. Ms. Fong said staff would be happy to work with Albertsons and the residents together to look for the best solution. Chairman McNiel asked what time frame staff would like. Mr. Bullet felt the residents have been patient and recommended a 60-day period. Motion: Moved by Mannerino, seconded by Stewart, to continue consideration of Director's Review 79-24 for 60 days. Motion carried by the following vote: AYES: BARKER, MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried The Planning Commission recessed from 8:19 p.m to 8:31 p.m. D. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 97-45 -MASI - The development of three auto service buildings totaling 20,400 square feet on 2.23 acres of land within the Masi Plaza in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan, located at the southwest side of Masi Drive and Sebastian Way - APN: 229-011-56 through 60. Chairman McNiel observed that staff had requested the matter be continued to October 14, 1998. He opened the public hearing. There were no comments and he directed that Conditional Use Permit 97-45 be continued to October 14, 1998. E. DEVELOPMENT CODE AMENDMENT 98-03 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17 of the Rancho Cucamonga Municipal Code (Ordinance No. 522) to delete the requirement for new developments over a certain size to provide telecommuting centers or video conferencing facilities. Jon Gillespie, Traffic Engineer, presented the staff report. Commissioner Tolstoy asked if a homeowner could make use of fiber optic technology if the telephone company installs fiber optics and the house is equipped with Category 5 telephone cable. Mr. Gillespie responded affirmatively. He said the quality would be very, very good, but the speed would be a little slower than if the house were wired for fiber optic. He felt all homes will eventually have fiber optic capabilities. Planning Commission Minutes -7- September 23, 1998 Chairman McNiel asked if the telephone company would eventually replace overhead lines with fiber optic cable which could be undergrounded. Mr. Gillespie felt that was correct. Chairman McNiel observed that there is nothing'in the Development Code which requires that new houses be wired. Mr. Gillespie confirmed that was correct. He noted that if a house is not wired for cable, it will have to be rewired for fiber optic. He observed that some developers are automatically installing the Category 5 cable. Chairman McNiel asked if the Category 5 wiring will be technologically obsolete in the near future. Mr. Gillespie did not think that was so. Commissioner Macias observed that the 1997 Congestion Management Plan had references to telecommuting facilities. He asked if it also discussed Category 5 wiring. Mr. Gillespie responded that telecommuting from home was one of the options discussed. He pointed out that telecommuting facilities were not a mandatory requirement, but merely an option available. Commissioner Tolstoy felt Category 5 cabling should be provided for all new houses. Brad Buller, City Planner, suggested that the Commission could recommend that via Minute action. He indicated that the City typically obtains input from the Building Industry Association and invites community participation before adopting new requirements. He noted that transportation and air quality issues had generated this discussion. Commissioner Macias suggested staff solicit such input. Chairman McNiel asked how many telecommuting centers have been installed since the ordinance was first adopted. Mr. Buller responded that none have been installed because there have been no projects large enough to trigger the requirement. He observed that Lewis had consolidated individual tracts into one large project, thus triggering the requirement. Chairman McNiet indicated he would like to investigate the possibility of revising codes to require Cable 5 installation on alt new homes. Commissioner Mannerino suggested staff consult with members of the building and transportation industry and report back to the Commission on the advisability of requiring it for all new houses. Mr. Oillespie commented that the City Engineer had suggested that all developers be conditioned to provide Category 5 wiring. Commissioner Tolstoy felt it will be market driven. Planning Commission Minutes -8- September 23, 1998 Motion: Moved by Mannerino, seconded by Tolstoy, to adopt the resolution recommending adoption of Development Code Amendment 98-03 and direct staff to report back on the advisability of requiring Category 5 wiring for all new houses. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS F. MULTI-FAMILY TASK FORCE RECOMMENDATIONS - Review of recommendations for future residential land use changes. Alan Warren, Associate Planner, presented the staff report and informed the Commission that an application was pending regarding Area 6. Commissioner Mannerino asked about the timing of the General Plan update. Brad Buller, City Planner, indicated that the General Plan update had been put on hold pending the seating of the new Commissioners and staff would prepare a report for the Commission's discussion regarding the scope of revising the General Plan. It was the consensus of the Commission to concur with the Task Force recommendations. G. SIGNAGETASK FORCE RECOMMENDATIONS Nancy Fong, Senior Planner, presented the staff report and announced that a Task Force meeting has been scheduled for October 14, 1998. Commissioner Tolstoy commented that the City had expressed an interest in abating billboards. Brad Bullet, City Planner, stated that the City Council has recently directed staff to reinvestigate funding for aba[ement. He said that some of the key issues regarding billboards are maintenance and enforcement. Chairman McNiel questioned the height limit imposed on hot air balloons. Mr. Buller responded that hot air balloons are allowed under a Temporary Use Permit under an interpretation by Code Enforcement to allow an inflatable pumpkin for a temporary use selling pumpkins. Commissioner Mannerino suggested that the wording be changed to inflatable balloons. It was the consensus of the Commission to concur with the Task Force recommendations. Planning Commission Minutes -9- September 23, 1998 PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Brad Bullet, City Planner, commented that he had really enjoyed his brief visit with the new Commissioners. He indicated an orientation schedule had been developed for the new Commissioners and it was recommended that they observe Design Review sessions. Chairman McNiel welcomed the new Commissioners. Mr. Buller reported that the Planners Institute for the League of California Cities is scheduled for March 24 to 26, 1999. ADJOURNMENT Motion: Moved by Tolstoy, seconded by Mannerino, carried 5-0, to adjourn. 9:12 p.m. - The Planning Commission adjourned. Respectfully submitted, Secretary Planning Commission Minutes -10- September 23, 1998