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