HomeMy WebLinkAbout1997/02/26 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
February 26, 1997
Chairman Barker 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
Barker then led in the pledge of allegiance.
ROLL CALL
COMMISSIONERS: PRESENT: David Barker, William Bethel, Rich Macias, Larry McNiet, Peter
Tolstoy
ABSENT: None
STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Ralph Hanson,
Deputy City Attorney; Steve Hayes, Associate Planner; Dan James, Senior
Civil Engineer; Gall Sanchez, Planning Commission Secretary
ANNOUNCEMENTS
B~d Buller, City Planner, obse~ed that he wou~d be distributing information on Heritage and Red
Hill Parks to the Commission regarding P~85.
APPROVAL OF MINUTES
Motion: Moved by Tolstoy, seconded by Macias, carried 4-0-0-1 (McNiel abstain), to approve the
minutes of January 22, 1997.
PUBLIC HEARINGS
A. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-02 -
CITATION HOMES - A request to amend the Victoria Community Plan Development District
designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential
(4-8 dwelling units per acre) for approximately 18 acres of land at the nodheast corner of
Milliken Avenue and Victoria Park Lane - APN: 227-011-17. Staff has prepared a Negative
Declaration of environmental impacts for consideration. Related file: Tentative Tract 15796.
B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15796 - CITATION HOMES - A
proposed residential subdivision of 94 lots on 18 acres of land in the Medium Residential District
(8-14 dwelling units per acre), proposed to be Low-Medium Residential (4-8 dwelling units per
acre), located at 1he northeast corner of Milliken Avenue and Victoria Park Lane -
APN: 227-011-17. Staff has prepared a Negative Declaration of environmental impacts for
consideration. Related file: Victoria Community Plan Amendment 96-02.
C. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-03 -
CITATION HOMES * A request to amend the Victoria Community Plan Development District
designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential
(4-8 dwelling units per acre) for approximately 12.4 acres of land south of Highland Avenue,
east of Woodruff Place - APN: 227-011-26. Staff has prepared a Negative Declaration of
environmental impacts for consideration. Related file: Tentative Tract 15797.
D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15797 - CITATION HOMES - A
proposed residential subdivision of 61 single family lots on 12.4 acres of land in the Medium
Residential District (8-14 dwelling units per acre), proposed to be Low-Medium Residential
(4-8 dwelling units per acre), located south of Highland Avenue and east of Woodruff Place -
APN: 227-011-26. Staff has prepared a Negative Declaration of environmental impacts for
consideration. Related file: Victoria Community Plan Amendment 96-03.
Steve Hayes, Associate Planner, presented the staff report.
Commissioner Tolstoy asked if there will be two separate fences, a soundwall for the freeway and
another wall along the property boundary.
Mr. Hayes confirmed there will be sound attenuation walls along Kenyon Way.
Dan Coleman, Principal Planner, stated that the current design plans for the freeway do not include
a soundwall in that location.
Commissioner Tolstoy felt there may be duplication.
Brad Buller, City Planner, stated that if the project is built prior to awarding of the construction
contract for the freeway, Cattrans may include a wall. He said the City is making the developer
responsible for the wall along the property line.
Chairman Barker opened the public hearing.
Jerry Linton, Citation Homes, 19600 Fairchild Road, #270, Irvine, expressed appreciation for staff's
efforts in helping the project to move forward. He stated the project will not be able to mitigate the
sound of the freeway. He observed that soundwalls are designed at a 20ofoot height to mitigate the
traffic noise from Highland Avenue, not the future freeway.
Mr. Hayes commented that the City's General Plan recognizes the noise levels cannot be completely
mitigated. He pointed out that when the preliminary noise study was completed, the noise consultant
had been under the impression that the freeway will be above ground. He observed there will be a
final noise study at plan check status and there is a chance that the walls will not be as high as
originally anticipated because the freeway will be lower.
Commissioner Tolstoy asked if the City should require a disclosure that the freeway will be built.
Mr. Buller stated that a disclosure can be required, but it is hard for staff to police the issue.
Mr. Linton stated they had just finished another development in the City at which they had disclosed
the future existence of the freeway for their own protection. He said they would include notice of the
future freeway at this location.
Hearing no further testimony, Chairman Barker closed the public hearing.
Planning Commission Minutes -2- February 26, 1997
Commissioner McNiel stated the application is a straightforward zone change to reduce the density
for marketing purposes. He felt the proposed development fits well in the neighborhood and
supported the application.
Motion: Moved by McNiel, seconded by Tolstoy, to adopt the resolutions recommending approval
of Victoria Community Plan Amendment 96-02, approving Tentative Tract 15796, recommending
approval of Victoda Community Plan Amendment 96-03, and approving Tentative Tract 15797 and
issue negative declarations for Tentative Tract 15796 and 15797. Motion carried by the following
vote:
AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY
NOES: NONE
ABSENT: NONE o carried
E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-25 - RODRIGUEZ -
A request to construct a 2,900 square foot drive-thru facility and a 5,548 square foot restaurant
on 3.7 acres of land in the Community Commercial designation of the Foothill Boulevard
Specific Plan, located at the southwest corner of Foothill Boulevard and Vineyard Avenue -
APN: 207-211-12 and 13. Related file: Pre-Application Review 95-04.
Steve Hayes, Associate Planner, presented the staff report and distributed copies of a revised roof
plan and equipment specifications for roof-mounted equipment which had been provided by the
applicant earlier in the week. He indicated staff had determined the proposed parapet height and
well depth should be sufficient to screen the roof equipment from view. He reported the applicant
had also submitted revised grading plans the previous week and staff had determined that, with the
conditions as written, the drainage should be handled satisfactorily.
Chairman McNiel asked for further clarification of the drainage issues.
Mr. Hayes replied that the issues had to do with the nature of the queuing of flows and the directing
of overflows into the spilk, vay. He noted that temporary measures will be taken with Phase One and
the issues would be permanently addressed with Phase Two. He commented that Engineering staff
felt the issues could be resolved pending approval of the Flood Control District.
Commissioner McNiel remarked that temporary measures are included with Phase One with
permanent solutions waiting until Phase Two. He asked the soundness of the temporary system,
noting that Phase Two may not occur for possibly 6 to 12 years.
Dan James, Senior Civil Engineer, replied that with Phase One, there will be water flowing over raw
land. He noted that staff felt the overflow concerns were addressed by the latest grading plans
which had been recently submitted.
Commissioner McNiel asked if staff felt it is a safe system.
Mr. James responded affirmatively.
Commissioner Tolstoy asked if everything had been worked out or if it was still to be worked out.
Mr. James replied that confirmation of acceptance had not yet been received from the Flood Control
District.
Commissioner Tolstoy asked if concrete drainage swales will be used.
Planning Commission Minutes -3- February 26, 1997
Mr. James replied they will be earthen swales with the overflows to be of gunite. He noted the grade
of the spillway is lower than the natural property line.
Chairman Barker opened the public hearing.
Gil Rodriguez, Jr., U. S. Properties, P. O. Box 281, Upland, thanked staff and the Planning
Commissioners for working with him during the past year and a half. He agreed to all of the
conditions with the exception of Engineering Condition No. 14, requiring the construction of the local
storm drain in Foothill Boulevard to Cucamonga Creek. He felt the storm drain would only service
the vacant property.on the north side of Foothill Boulevard and did not think he should be
responsible.
Ray Allard, Allard Engineering, 6101 Cherry Avenue, Fontana, stated that when the Thomas Winery
project was built, a storm drain was constructed to drain to the south side of Foothill Boulevard
where it bubbles out of the catch Basin and proceeds down the street. He said the pipe was stubbed
out on the south side of Foothill Boulevard so that it could be connected to a drain pipe in Foothill
Boulevard to drain over to Cucamonga Creek. He noted that the catch basin on the south side of
Foothill is to be abandoned when the drain pipe connects to Cucamonga Creek. He proposed that
the City consider placing the east-west pipe in Foothill Boulevard on the nodh side of Foothill
Boulevard and have it placed in Foothill Boulevard when the property on the north side develops
because the Rodriguez property cannot drain to the pipe. He said they wilt be participating in the
master storm drain program by paying fees.
Chairman Barker asked if staff had been approached regarding the proposal to move the pipe to the
north side of Foothill Boulevard.
Mr. James replied that the applicant had made the request a year ago but the idea had not been
pursued. He noted the storm drain in Foothill Boulevard is a local facility, and would not be eligible
for master plan funding. He stated the City has always required that local facilities be completed as
frontage improvements by the first developer. He said the property to the north had also been
required to put in the storm drain when a project was approved; however, that project had not
developed.
Mr. Allard apologized for his misunderstanding that their drainage fees would pay for installation.
He stated that if they could drain their property to the line, they would not question the requirement
to install the pipe; however, he did not feel they should have to install the line since they will not be
able to benefit as their drainage will be to the south.
Mr. James said the local drainage systems are considered as pad of normal frontage improvements.
He observed the applicant's property has the right to drain to Vineyard, but does not because of
grading. He indicated that typically, properties drain to the street and properties to the south have
to build drainage systems to accommodate flow from properties to the north. He was not sure if
there would be any complications with having the drain pipe along the north side of Foothill
Boulevard to connect to Cucamonga Creek.
Mr. Allard said they would like to have flexibility. He stated that Cucamonga Creek is very deep and
swift moving at the site. He felt that if they drained their site to Vineyard Boulevard, it might cause
problems on Vineyard. He indicated they therefore met with the Flood Control District and the
District did not object to having the property drain directly to the creek.
Commissioner McNiel asked how much of the drainage system is currently in Foothill Boulevard.
Mr. James replied that the Thomas Winery site drains to a catch basin on the southwest corner
where it bubbles out. He said the catch basin will be removed when the storm drain is extended
westerly to the channel.
Planning Commission Minutes -4- February 26, 1997
Commissioner McNiel asked if Phase Two areas will be hydro seeded.
Mr. Hayes responded affirmatively.
Commissioner Macias asked if the current policy is to require the first developer to bear the cost for
local drainage systems.
Mr. James confirmed that is the policy.
Commissioner Macias asked if there is a precedent for this applicant to contest that exaction.
Mr. James did not recall anything having gone up to the City Council for a decision.
Mr. Allard thought that if Thomas Winery wasn't constructed, it would be simple to drain on the north
side of Foothill Boulevard. He thought it had been an arbitrary decision to have Thomas Winery
drain to the south side of the street.
Commissioner McNiel felt that the City selected the lower side of the street because typically most
properties drain to the street.
Mr. Allard conceded that generally systems are placed on the lower ends of streets.
Mary Byer, 8167 Vineyard Avenue, #112, Rancho Cucamonga, stated that she lives in the Villa
Poloma condominium project across the street from the project. She expressed concern about the
traffic flow and stated it is already difficult to get into the condominiums because the area is so
congested, possibly from the gas station on the east side of Vineyard. She feared those vehicles
trying to enter or exit the condominium project will be caught between different traffic patterns. She
asked what an activity center is and whether a grocery store is planned for the site. She questioned
if there is a law requiring fast food restaurants to have self-circulating air systems installed in order
to prevent fumes from exhausting into the air and commented that the odors from In-N-Out Burger
are powerful at times.
Mr. Rodriguez, Sr., 1797 Melajo Way, Upland, stated they had filed the application for a fast food
restaurant about two years ago. He said they originally sited Burger King on Foothill Boulevard but
after spending thousands of dollars, the Commission suddenly indicated Burger King would have to
be located on Vineyard Avenue. He thought the introduction of two new Commissioners had brought
about the request to move Burger King and said he did not think it was fair. He said he had to
renegotiate with Burger King because of the move to Vineyard Avenue.
Brad Buller, City Planner, stated that staff had included a chronology of the project with the staff
report and said that the location of Burger King had been a matter of discussion when the project
was first submitted and the location was not changed as the result of the addition of new Planning
Commissioners.
Chairman Barker asked if the applicant wished to have the Commission delay action until
resubmission of the plans with Burger King located on Foothill Boulevard.
Mr. Roddguez urged the Commission to approve the application as presently submitted with Burger
King located on Vineyard Avenue.
Hearing no further testimony, Chairman Barker closed the public headng.
Mr. Bullet explained that an activity center refers to a hardscape plaza at the corner of the property;
a people place, not a recreational facility. He said that Phase One will include Burger King and
potentially a sit-down restaurant on Vineyard Avenue. He indicated no other buildings are planned
Planning Commission Minutes -5- February 26, 1997
with the first phase. He stated that future phases are yet to be determined and were not being
considered tonight.
Mr. James stated that the project is conditioned to widen Vineyard Avenue and there will be dual left-
turn lanes at the intersection of Vineyard Avenue and Foothill Boulevard. He stated there will also
be a right-turn lane into the project so that southbound traffic can get out of the regular flow of traffic
when entering the property.
Mr. Bullet stated that staff feels the traffic circulation will be improved over current conditions. He
indicated he was not aware of any requirements with regard to ventilation systems containing odors
and said such a condition had not been placed on any other restaurants, either fast-food or sit-down.
Commissioner McNiel noted that with Phase One, the Commission was looking at Burger King and
a spec sit-down restaurant, parking, plaza and street frontage.
Commissioner Bethel said that when he first saw the project at the Design Review Committee (DRC)
meeting, there was no roof plan and no idea of whether the screen would cover the equipment. He
indicated the equipment was changed from a 5-ton unit to two 10oton units but they were the same
size. He said DRC asked that the parapet be high enough to screen the equipment and the
applicant has complied. He noted that a chimney appears to be missing on one of the elevations
and he hoped the chimney has not been eliminated. He felt the project is in an emergency mode
and staff has been trying to save it and move it forward. He stated he had never seen a project with
so many conditions. He felt conditions should be for clean-up of a project, not a rework; and he
thought so many conditions would mean that the Commission is opting out of its respohsibility. He
said he could not support the project at this time.
Commissioner Tolstoy indicated he liked the elevations but did not feel confident that was what
would be built. He stated that Burger King was moved from Foothill Boulevard because it was first
proposed to be located dght next to the historic Klusman house on the site and the Commission felt
there needs to be room around the house and a driveway should not be at the house. He thought
that the parking area immediately south of the KJusman House should be eliminated. He stated that
the Klusman House is an important historic structure and he did not want it to be emasculated by
having parking or a building too close. Commissioner Tolstoy thought the Burger King could possibly
be located on Foothill Boulevard closer to the intersection.
Mr. Buller observed that there had been a Pre-Application Review with the Burger King located near
the intersection but it required a vadance because the plan violated minimum setbacks of the Foothill
Specific Plan.
Commissioner Tolstoy stated the moving of Burger King to Vineyard Avenue was one of the first
comments from the Commissioners and had nothing to do with the appointment of new Planning
Commissioners. He reiterated that he liked the renderings but noted that many of the 48 separate
conditions from the Planning Division require Planning Division review and approval, so he felt it was
not really known what the City will get. He thought the issues should be resolved before the
Commission approves the project. He did not feel it was fair for the applicant's engineer to make
the statement that the Foothill Boulevard drain should be located on the north side of Foothill
Boulevard without calculations to showthat the drain could be located on the north side. He did not
think that question could be answered tonight.
Commissioner McNiei concurred with the chronology of events with respect to moving Burger King
from Foothill Boulevard to Vineyard Avenue. He recalled that Burger King was not moved closer to
the comer because it crowded the activity center. He acknowledged the project has been in process
a long time but said that progress has been slow because there have always been loose ends. He
agreed that the renderings are nice, but commented that the renderings for the McDonalds located
at the southeast corner of Base Line Road and Carnelian Street had been very nice and he was
Planning Commission Minutes -6- February 26, 1997
unhappy with the constructed results. He expressed concerns about the drainage and the use of
earthen berms, noting that it is unknown when, or if, Phase Two will occur. He stated he did not feel
comfortable enough to approve the project.
Commissioner Macias felt the City needs to do a better job of making sure applicants understand
that DRC concentrates on design and approval by the Committee does not guarantee approval of
a project. He noted that DRC approval does not preclude new issues. He observed he did not say
he would support the project, merely that he liked the design and the way the corner looks. He felt
the design of the building will be complimentary to the rest of the City. He expressed concern about
Phase Two and thought a master plan for the entire site should be considered. He agreed with
Commissioner McNiel regarding drainage. He noted there is a question of when Phase Two will be
constructed and said he wished he could see Phase One in the total context of the site. He took
exception to the notion that new Planning Commissioners changed the location of the Burger King.
He observed that he had personally been involved in four to five meetings where the Commissioners
requested information and the information was provided in a piecemeal fashion. He remarked that
he had never seen an architect for the project. He agreed with Commissioner Bethel that staff had
bent over backwards to expedite the project, but felt efforts have been unsuccessful.
Chairman Barker asked if there had ever been any other project with this many conditions.
Mr. Buller conceded that there is more being deferred on this project than on others. He remarked
that pad buildings are generally not processed ahead of major tenants for a center. He said staff had
tried to determine if there is adequate room for parking the square footage envisioned. He
acknowledged that the biggest piece of the puzzle is not shown.
Chairman Barker said he felt like he had seen the project forever. He admitted he was anxious to
move the project forward because he liked the way the corner is shown. He thought all the deferred
steps and conditions are proof that staff had gone out of its way to make the project work and he felt
the effort was laudatory. He agreed with the other Commissioners that is not the most comfortable
way of processing. He thought the drainage issue should have been worked out before the project
reached the Commission and did not feel the Commission could comfortably make a decision to
move the drain within Foothill Boulevard.
Mr. Buller stated that the applicant's engineer had pointed out that the storm drain pipe in Foothilt
Boulevard is to be constructed to the satisfaction of the City Engineer. He thought the condition
gives the City Engineer the ability to consider what the applicant had proposed.
Chairman Barker summarized that Commissioner Bethel was concerned about the large number of
unresolved issues, Commissioner Tolstoy expressed concern about what the project will look like
because of the large number of conditions, Commissioner Macias questioned what Phase Two will
be like and thought a master plan should be required, and Commissioner McNiet was troubled by
the temporary earthen berms and the loose ends and endless series of questions.
Commissioner McNiel remarked that most of the issues that were before the Commission had been
discussed countless times and there were still questions and no resolution. He thought staff had
gone way beyond what is normally done to move the project forward. He said that if the project were
approved, he wanted to go on record that the conditions were etched in stone and not subject to
negotiation or relaxation by staff.
Commissioner Macias noted that many conditions were subject to City Planner or City Engineer
discretion. He asked what would happen if the issues could not be resolved with the applicant.
Mr. Bullet replied that the City Planner or City Engineer could forv,,ard the matter up to the
Commission or the applicant could appeal any decision to the Planning Commission.
Planning Commission Minutes -7- February 26, 1997
Commissioner Macias asked if unresolved issues would always come back before the Commission.
Mr. Buller responded affirmatively.
Commissioner Macias asked what the applicant would gain if the project were approved at this time.
Mr. Buller indicated that normally the Commission would know the architectural and landscaping
theme before approving a project. He noted that the Commission was being asked tonight to
approve two very different buildings on a parcel that contains a third historic building. He said that
on most projects, better guidelines are established so that they can guide future tenants with regard
to design and direction. He noted that the applicant must resolve many issues prior to pulling the
first building permit.
Chairman Barker asked if it would be fair and accurate to say that the City would be entering into an
agreement that the applicant can pull permits if he meets all the conditions.
Mr. Buller observed that many of the conditions have milestones that prevent the applicant from
progressing beyond a certain point without meeting the conditions. He said this provides
safeguards. He confirmed the number of conditions was beyond what the Commission had
accepted in the past.
Commissioner Bethel felt the Commission was being asked to approve a process rather than a
project. '
Mr. Bullet observed that the City would be getting improvements to Foothill Boulevard consistent with
the Foothill Boulevard Specific Plan, including curb, gutter, sidewalks, and an activity center. He
said those were features that will improve Foothill Boulevard. He acknowledged that normally pad
buildings are deferred and not put in first.
Commissioner Macias stated the process had not been the best but he acknowledged that Mr. Buller
had made an excellent point about improvements that would be made to the corner. He thought
approval may be a way of spoon-feeding the applicant to get what the City requires under the Foothill
Boulevard Specific Plan.
Chairman Barker questioned if a condition should be added that the project would return to the
Commission if agreements are not reached. He said he did not want to dump a bunch of problems
on the City Council.
Commissioner Bethel observed that the majority of the conditions call for City Planner approval and
he felt the Commission was dumping its responsibility on staff and setting a precedent for future
projects. He asked if the next project would have 49 Planning Division conditions.
Commissioner Tolstoy said he would like to get a consensus on the parking located south of the
Klusman House. He preferred that a planter strip be placed in the area.
Mr. Bullet observed that there is more than ample parking for Phase One without including that strip
of parking. He suggested requesting that the applicant landscape the area and forward a plan for
how it will be designed in the future, subject to approval of DRC.
Commissioner Macias stated he could not support the project because there were still too many
outstanding issues.
Commissioner McNiel observed that if the Commission approved the project at this time, it would
be approving two buildings within Phase One of the project. He said the Commission still had not
Planning Commission Minutes -8- February 26, 1997
seen the other buildings to be included with Phase One, but the applicant could pull grading permits
and building permits for those two buildings.
Mr. Bullet confirmed that was correct. He pointed out that Planning Condition 5 requires the
applicant to submit a concept for the design of the other buildings and said it is to the applicant's
benefit to provide such a design guideline supplement. He reported that Terra Vista has design
guidelines for pad buildings and staff is able to turn around such buildings in four to six weeks. He
noted that this project has different architecture on different buildings and felt it will be hard to write
the design guidelines. He stated there is no unifying theme other than heritage architecture.
Commissioner Tolstoy said he would be more comfortable having those design guidelines before
approving the project.
Chairman Barker remarked that Commissioner Bethel had said he would like to see most of the
issues resolved before approving the project. He asked if Commissioner Tolstoy agreed with that
approach.
Commissioner Tolstoy indicated he did.
Commissioner Macias said he did not feel a lot of confidence with this project because there are too
many unresolved matters. He observed numerous conditions deal with large issues. He felt
uncomfortable with approving the project at this time.
Commissioner McNiel wished the project were built. He stated he likes the Roddguez family and
said he wished he could approve the project for them but he was concerned that the City is only
ending up With a Burger King. He asked if Phase One would include the activity center, street
improvements, and storm' drains in Foothill Boulevard.
Mr. Builer confirmed that it would.
Commissioner McNiel said he saw those improvements as good for the city but he did not think the
project is ready for approval.
Chairman Barker said it appeared the Commission was heading toward denial.
Mr. Buller stated that if the Commissioners did not feel there was enough evidence to suppod the
project, staff would request the project be continued to the next meeting to allow time to prepare a
resolution of denial. He suggested the resolution of approval could also return to the Commission
at that same meeting in case the Commissioners felt there had been some progress in resolving the
issues.
Chairman Barker said he was hearing concern about a number of issues.
Ralph Hanson, Deputy City Attorney, stated the hearing should be reopened and the matter
continued to March 11, 1997.
Chairman Barker reopened the public hearing and continued Conditional Use Permit 95-25 to March
11, 1997, to allow staff to prepare a resolution of denial.
The Planning Commission recessed from 8:45 p.m. to 8:53 p.m.
Planning Commission Minutes -9- February 26, 1997
DIRECTOR'S REPORTS
F. APPEAL OF SIGN PERMIT FOR UNIFORM SIGN PROGRAM NO. 119 - OIL MAX - An appeal
of the City Planner's decision regarding signs for Oil Max, an approved project within the Foothill
Marketplace Shopping Center, located on the south side of Foothill Boulevard, east of Interstate
15 - APN: 229-031~37.
Steve Hayes, Associate Planner, presented the staff report and indicated that a letter had been
received from the attorney representing Oil Max.
Commissioner Bethel observed that the letter from the attorney indicated that only the "10 Minute
Oil Change" verbiage was being requested, not the third color or the larger size.
Brad Duller, City Planner, stated the letter was sent to the Community Development Director and
offered to compromise by complying with the provisions regarding color and size but asking that they
be allowed to use "lO-Minute Oil Change." He said the applicant agreed to have the letter forwarded
to the Planning Commission for its consideration.
Commissioner Bethel did not feel this application was a good comparison to the appeal from Orchard
Hardware because staff had recommended that Orchard be allowed to have a second sign reading
"Hardware and Garden Center" and staff recommended no second sign for Oil Max.
Commissioner McNiel noted that the building has three proposed wall signs. He observed that it is
a small building and asked if three signs would comply with the sign program for the center.
Mr. Hayes responded that it does.
Chairman Barker invited public comment.
Buck Woods, Owner, Woods Sign & Lighting, 9152 Madeline Drive, Huntington Beach, stated they
had never intended to exceed the sign size. He said they were willing to forego the yellow sign color
and the only remaining issue was the registered trade name of Oil Max 10-Minute Oil Change.
Commissioner Bethel said he had disagreed with the Commission's finding not to allow the
"Complete Hardware and Garden" sign, but in this instance he felt the additional verbiage is a
description of the type of business and violates the sign ordinance. He did not support the appeal.
Commissioner Tolstoy supported upholding the City Planner's decision.
Commissioner McNiel commented that one can register anything as a registered trademark. He did
not support the appeal and noted the business could also be registered as "Oil Max 10-Minute Oil
Change, Tire Rotations, Smog Certification, Bumper Hitches, and Chrome Polishing." He did not
feel they are entitled to a sign which includes all of the registered name.
Commissioner Macias stated that the building is much smaller than Orchard Supply and he felt the
requested verbiage is inappropriate because it is too large for a building of its size.
Chairman Barker concurred with staff because he considered the additional verbiage as advertising.
It was the unanimous consensus of the Commission that the appeal be denied.
Planning Commission Minutes -10- February 26, 1997
G. PARK DISTRICT 85 (PD-85} - Information regarding impacts of Proposition 218 regarding
PD-85 Assessments (Red Hill and Heritage Parks)
Brad BuIler, City Planner, distributed a packet of information and indicated that Community
Development Director Rick Gomez had offered to make a formal presentation at the March 26
Planning Commission meeting if the Commission so desires. He reported that Mr. Gomez is
currently speaking to sports organizations, school districts, and service clubs. He stated that a
citizens group is being formed to address the issue.
Commissioner Tolstoy asked when the issue will be placed on the ballot.
Mr. Bullet replied the ballot is to be mailed on May 8.
Ralph Hanson, Deputy City Attorney, stated that it is a mailed-in ballot.
Mr. Buller stated the public hearing is June 26, 1997.
Commissioner Tolstoy hoped there would be a push to support the assessment as the time grows
near for voting.
PUBLIC COMMENTS
There were no public comments.
COMMISSION BUSINESS
Brad Bullet, City Planner, stated that developers were getting confused about the difference between
Pre-Application Reviews and Preliminary Reviews. He suggested that the name of"Pre-Application
Review" be changed.
It was the consensus of the Commission that the term "Coudesy Review" be used.
Mr. Buller announced that a meeting would be held on Tuesday, March 11, 1997, in lieu of
Wednesday, March 12 because the Commissioners would be attending a conference on March 12.
Commissioner Tolstoy suggested that there be more streets named after pioneers in the community.
He asked how street names are determined.
Mr. Buller replied that the City has a list of historic names which is provided to the developers for
their consideration.
Commissioner Tolstoy observed that several streets on the tracts approved earlier in the evening
were called out with temporary names of "A," "B," and "C." He asked if research could be done to
determine if those streets could be named after long-term owners of the property. He did not think
enough is done to honor pioneers.
Planning Commission Minutes -11- February 26, 1997
Mr. Bullet reported that the previous Historic Preservation Commission had approved the listing
which is provided to developers. He stated that a lot of developers don't like to use historic names
because they prefer using a series of related names, such as trees, flowers, etc. He explained that
street names are chosen by the applicant.
ADJOURNMENT
Motion: Moved by Tolstoy, seconded by McNiel, carried 5-0, to adjourn.
9:20 p.m. - The Planning Commission adjourned to 7:00 p.m. on March 11, 1997, to be held in lieu
of its regularly scheduled meeting on March 12, 1997. The meeting will be held in the City Council
Chamber.
Respectfully submitted,
Brad Buller
Secretary
Planning Commission Minutes -12- February 26, 1997