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HomeMy WebLinkAbout1998/09/09 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 9, 1998 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:21 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, Larry McNiel, Peter Tolstoy ABSENT: David Barker STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Michael Estrada, Deputy City Attorney; Nancy Fong, Senior Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Sal Salazar, Associate Planner; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS Chairman McNiel announced that Item A from the Historic Prese~ation Commission agenda would be heard in conjunction with Item C on the Planning Commission agenda. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Macias, carried 3-0-1 (Barker absent), to approve the minutes of the Adjourned Meeting of August 31, 1998. CONSENT CALENDAR A. VACATION OF A PORTION OF STRANG LANE - A request to vacate a portion of the easterly terminus of Strang Lane, located east of Carnelian Street and adjacent to 2 parcels - APN: 1061-271-35 and 1061-271-36. Motion: Moved by Macias, seconded by Tolstoy, carried 3-0-1 (Barker absent), 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 August 12, 1998) Chairman McNiel observed that staff was requesting the item be continued to September 23, 1998. He opened the public hearing. There were no comments. Motion: Moved by Tolstoy, seconded by Macias, to continue Development Code Amendment 98-02 to September 23, 1998. Motion carried by the following vote: AYES: MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: BARKER - carried C. CONDITIONAL USE PERMIT 98-18 NORTHTOWN HOUSING DEVELOPMENT CORPORATION - An application to request authority to use an existing 1,213 square foot historic structure, the Guidera Winery House, for an office use within the Low Residential Distdct (2-4 dwelling units per acre), located at 9801 Main Street - APN: 0209-062-23. Related file: Landmark Designation 98-01. Following from the Historic Preservation Commission Agenda: A. LANDMARK DESIGNATION 98-01 NORTHTOWN HOUSING DEVELOPMENT CORPORATION - An application to designate the Guidera Winery House as an Historic Landmark. The structure was built around 1921 and moved from 12737 Foothill Boulevard to its present site at 9801 Main Street - APN: 0209-062-23. Related file: Conditional Use Permit 98-18. Sal Salazar, Associate Planner, presented the staff report and indicated staff had received a letter of support from an adjoining property owner. Chairman McNiel opened the public hearing. Peter Pitassi, AIA, Architect, 8439 White Oak Avenue, Suite 105, Rancho Cucamonga, reported that Northtown Housing Development Corporation purchased the property approximately eight months ago intending to renovate it and sell it as part of their affordable housing program. He said they have since decided this would be a natural place to have their office in order to be able to better serve the community. He agreed with the conditions in the resolution and said they would only have to add power and phone outlets in order to accommodate the office use and there would be no exterior modifications. Nacho Gracia, Executive Director, Northtown Housing Development Corporation, 9999 Feron Boulevard, Suite A, Rancho Cucamonga, stated they would like to use the house as an office because it is in the middle of the area they serve. He observed that some of their clients walk to their office and said he did not want to move the office out of the area. Commissioner Tolstoy asked what they intend to do at the end of three years since they had indicated the house will only be used as an office for approximately two to three years. Planning Commission Minutes -2- September 9, 1998 Mr. Gracia responded they are looking for some place to build. He said they considered the community center but it did not work. Commissioner Tolstoy hoped they will stay in the same area because he felt it is important. Mr. Gracia agreed. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy felt the proposal is a win/win situation. He thought Northtown Housing Development Corporation should have offices as close as possible to the area. He felt the Craftsman style architecture looks wonderful. He supported the project. Motion: Moved by Macias, seconded byTolstoy, to adopt the resolutions recommending approval of Landmark Designation 98-01 and approving Conditional Use Permit 98-18. Motion carried by the following vote: AYES: MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: BARKER - carried Chairman McNiel stated he echoed Commissioner Tolstoy's comments and said that he felt Northtown Housing Development Corporation is doing an excellent job. D. ENViRONMENTALASSESSMENT AND TIME EXTENSION FOR TENTATIVE TRACT 14162 - FAN - A request for an extension of a previously approved tentative tract map including design review for the development of 17 single family lots on 4.7 acres of land in the Low Residential Development District (2-4 dwelling units per acre), located on the south side of 19th Street at the western City limit - APN: 202-021-37. Alan Warren, Associate Planner, presented the staff report and stated staff had received a letter from an adjoining property owner expressing concern about the eucalyptus trees along the south. He explained that the Planning Commission granted a Tree Removal Permit for the trees to be removed in conjunction with construction ofthe tract. He said the permit becomes effective when the final map is recorded. He suggested that staff could work with the developer to determine if any trees should be removed now and he felt they could be removed under the existing Tree Removal Permit. Brad Buller, City Planner, stated that the Tree Preservation Ordinance allows immediate removal if there is a demonstrated need for public safety reasons. Chairman McNiel opened the public hearing. Peter Fan, 2370 Burnham Drive, Tustin, stated he was appearing on behalf of the applicant. He said they would inspect the trees and either remove them or trim them back as needed. He reported they were currently reviewing the tentative map. He said they have financing in line and are attempting to do a joint venture with a developer. Chairman McNiel asked that the applicant inform staff when the inspection by the arborist would take place. Hearing no further testimony, Chairman McNiel closed the public hearing. Planning Commission Minutes -3- September 9, 1998 Commissioner Tolstoy supported the request. Chairman McNiel asked if Commissioner Tolstoy supported inclusion of immediate action on the trees if necessary. Commissioner Tolstoy indicated he did. Motion: Moved by Tolstoy, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Time Extension for Tentative Tract 14162 and design review thereof with direction that the applicant coordinate tree inspection and possible attention with staff. Motion carried by the following vote: AYES: MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: BARKER - carried E. VARIANCE 98-01 - HUNT- A request to reduce the interior side yard setback from the required 10 feet to 7 feet for a room addition to an existing single family home in the Very Low Residential District (up to 2 dwelling units per acre), located at 8190 Orchard Street, APN: 1061-711-0'7. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. Keith Hunt, 8190 Orchard Street, Rancho Cucarnonga, agreed with the staff report and requested approval. Headng no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Macias, seconded by Tolstoy, to adopt the resolution approving Vadance 98-01. Motion carried by the following vote: AYES: MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: BARKER - carried F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-13 - MARRIOTT SENIOR ASSISTED LIVING SERVICES, INC. - A request to construct a 135 unit, three story senior assisted living facility in the Office Park District of the Terra Vista Community Plan on 11.2 acres of land, located at the southeast corner of Haven Avenue and Church Street - APN: 1077-421-10, 33, and 34. Related File: Pre-Application Review 98-03. Brent Le Count, Associate Planner, presented the staff report. Chairman Barker opened the public hearing. Planning Commission Minutes -4- September 9, 1998 Mike Thomas, Marriott Senior Living Services, 3130 South Harbor Boulevard, Suite 430, Santa Aha, stated the conditions of approval were acceptable and he requested approval. Headng no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy stated there was a lot of material included with the letter of opposition that had no applicability to the City. He said he looked forward to having the facility in the City and he supported the application. Commissioner Macias agreed that the union materials were irrelevant to the City. Motion: Moved by Macias, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Conditional use Permit 98-13. Motion carried by the following vote: AYES: MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: BARKER - carried DIRECTOR'S REPORTS G. DIRECTOR'S REPORT FOR DIRECTOR'S REVIEW 79-24 - ALBERTSONS - A discussion of continued nuisance problems within the shopping center located at the southeast corner of Archibald Avenue and Base Line Road - APN: 1077-011-45 and 47 through 52. Brad Buller, City Planner, indicated the item had been placed on the agenda at the request of a resident to discuss continuing nuisances. He said the matter had been placed on the September 23, 1998, agenda. Chairman McNiel invited public comment. Pamela Thompson, 7390 London Avenue, Rancho Cucamonga, stated her house is adjacent to Albertsons and she wished to discuss sound, security, and privacy. She said she had left the February meeting with the understanding that the issues would be addressed. She reported the gate has helped in reducing noise from the hours of 10:00 p.m. to 8:00 a.m. most evenings. She provided pictures of trucks at her back wall. She stated that diesel fumes are overwhelming. She said that the trucks are supposed to turn off their engines and refrigeration units when parked there but they do not. She indicated they have contacted Albertsons and the market no longer seems willing to work amicably on addressing the problems. She said she would like a taller wall to provide privacy and security and she wants the market to provide double pane windows to cut down on the noise. She indicated there may be 20 trucks between 8:00 and 10:00 a.m. on Saturday mornings. Commissioner Tolstoy asked if there have been problems with trucks coming in when the gates are supposed to be locked. Ms. Thompson replied that the street sweeper arrives at 6:35 a.m. Chairman McNiel asked the height of the current wall. Planning Commission Minutes -5- September 9, 1998 Paul Davies, 7398 London Avenue, Rancho Cucamonga, responded that the wall is 11 to 12 feet on the homeowners' side but only about 6 feet on Albertsons' side because of the grade difference. He explained that when Builders Emporium was there, the delivery trucks came in from the south side but the docks were reconfigured when Albertsons moved in. He stated there are walls along each side of the area where the trucks are located and that acts as an echo chamber. He said the docks face his house and he showed pictures of the docks. He indicated the gates have helped in preventing late night deliveries. He expressed health concerns regarding his children breathing diesel fumes and felt the docks should not have been reconfigured. Mr. Buller explained that the matter had been placed on the September 23, 1998, agenda. Chairman McNiel asked for guidelines so far as what can and can not be done. Mr. Davies said it was his understanding that the Planning Commission approved the dock reconfiguration. Chairman McNiel stated it had not been glaringly apparent that the dock reconfiguration proposed by Albertsons would be a problem. Commissioner Tolstoy asked if the trucks stop their engines while unloading. Mr. Davies responded that they do not and they also run the refrigeration units the whole time they are sitting in the dock. He said he has planted trees to try to afford some privacy. He felt that AIbertsons is aware of the problem because he had taken Albertsons to Small Claims Court and Albertsons paid for double pane windows on the rear of the Davies house. Patti Davies, 7398 London Avenue, Rancho Cucamonga, stated she sent several letters to Albertsons via certified mail but received no response. She said she went to Small Claims Court over the noise issue, asking that Albertsons pay for the double pane windows she installed throughout her house. She indicated that Scoff Thayer of Albertsons looked at what she had and agreed to pay for the windows that face Albertsons with a stipulation that AIbertsons was not liable. Ms. Davies stated that the Environmental Protection Agency has indicated that although only 2 percent of the vehicles on the road are diesel they account for 60 percent of air pollution. She said her children are exposed to diesel fumes when they play in the back yard. She felt the operation interferes with her legal rights to own, use, and enjoy her back yard area; therefore, AIbertsons has an unfair encroachment on her property when considering air space1 noise, and air pollution. She thought the City is allowing that encroachment to continue. Commissioner Tolstoy asked if the double pane windows mitigate the noise when inside the home. Mr. Davies responded affirmatively and said the noise is significantly reduced inside. He said there have also been nights with late night deliveries and on one instance a truck started unloading at 11:00 p.m. He said he called the Police and then was later awakened later by the Police at midnight with the Police saying they were not going to cite Albertsons because they claimed the truck had broken down. Chairman McNiel observed the matter is on the September 23, 1998, agenda and said the Commission would need the parameters within which it can function. Commissioner Macias asked that staff research whether the Air Quality Management District has a code enforcement mechanism which the neighbors could pursue. Planning Commission Minutes -6- September 9, 1998 PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS H. DESIGN REVIEW COMMITTEE APPOINTMENTS Chairman McNiel said he did not object to filling in on the Design Review Committee temporarily but would like to have the matter placed on the agenda for consideration once new Commissioners have started. He thought it would be a good idea to have one of the new Commissioners serve on Design Review with Commissioner Macias so there would be continuity. Commissioner Macias suggested that the Commissioners routinely schedule a workshop to review recently approved projects so that all Commissioners could comment. He thought that would be a good learning tool. He felt that Design Review is one of the City's strengths and should be maintained. He suggested that would be a good way to discuss lessons learned. Chairman McNiel agreed that was a great idea. Commissioner Tolstoy suggested that they also visit projects after completion. Commissioner Macias said that sometimes the City hasn't gotten what was requested. Mr. Buller suggested that the matter be placed on the agendas of the first meetings in January, April, July, and October to review the approvals of the three previous months and perhaps some projects which have been built. Commissioner Tolstoy preferred a workshop format. Chairman McNiel felt it woutd be a good experience for the new Commissioners. Commissioner Macias stated he has learned tremendously from staff and he enjoys serving on the Design Review Committee. I. UPDATE ON VICTORIA ARBORS (FORMERLY THE LAKES) Brad Bullet, City Planner, presented the staff report. Commissioner Tolstoy felt the City should get lots of amenities since the lakes are not going to be included. ADJOURNMENT Planning Commission Minutes -7- September 9, 1998 Motion: Moved by Tolstoy, seconded by Macias, carried 3-0-1 (Barker absent), to adjourn. The Planning Commission adjourned at 8:20 p.m. to a workshop regarding a proposed revision to the planned sign programs for Terra Vista Town Center and Town Center Square. The workshop adjourned at 9:10 p.m. and those minutes appear separately. Respectfully submitted, Brad Buller Secretary Planning Commission Minutes -8- September 9, 1998