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HomeMy WebLinkAbout1996/02/14 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting February 14, 1996 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, Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Miki Bratt, Associate Planner; Brad Buller, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Dan James, Senior Civil Engineer; Gall Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Lumpp, seconded by McNiel, carried 5-0, to approve the minutes of the Adjourned Meeting of November 29, 1995. Motion: Moved by Lumpp, seconded by Tolstoy, carried 4-0-0-1 (McNiel abstain), to approve the minutes of the Adjourned Meeting of December 19, 1995. Motion: Moved by McNiel, seconded by Tolstoy, carried 4-0-0-1 (Melcher abstain), to approve the minutes of January 1 O, 1996. Motion: Moved by McNiel, seconded by Lumpp, carried 4-0-0-1 (Tolstoy abstain), to approve the minutes of the Adjourned Meeting of January 31, 1996. PUBLIC HEARINGS A. ENTERTAINMENT PERMIT 93-03 - FINAL SCORE - A request to conduct entertainment consisting of live bands, disc jockeys, and dancing in conjunction with a restaurant and bar, in the Community Commercial District within Subarea I of the Foothill Boulevard Specific Plan, located at 8411 Foothill Boulevard - APN: 207-571-75. Nancy Fong, Senior Planner, presented the staff report. She reported that four additional letters had been received in opposition to the entertainment permit. She stated that the applicant had informed staff he would like modifications to some of the proposed conditions. She indicated the applicant had withdrawn his request for a dance floor and requested that Condition 1 be revised to delete the approval for a dance floor. She said he had requested that he be permitted to have entedainment on Sunday. She stated the applicant had asked that the words "reputable security firm" be eliminated from Condition 4 and had asked that he be allowed to substitute chain link fence for the wrought iron fence required in Condition 6. Ms. Fong said that the applicant had asked that Condition 10, regarding construction of a trash enclosure, be eliminated and Condition 12 be revised so that the doors and windows would have to remain closed only during the hours of entertainment rather than during all business operating hours. Brad Bullet, City Planner, reported that staff had also received an anonymous letter opposing the use of bass drums and that letter was given to all Commissioners. Commissioner Melcher stated an anonymous letter would not be considered in making his decision. Chairman Barker asked if the letter must be made pad of the record. Ralph Hanson, Deputy City Attorney, responded that if an anonymous letter is submitted for a particular item, it becomes pad of the record. Chairman Barker observed that the public hearing remained open from the January 24, 1996. Garry Rausa, Manager, Final Score, 8411 Foothill Boulevard, Rancho Cucamonga, stated he represents his parents, Charles and Dorothy, who own the business. He said the building was established as a commercial business in 1938. He remarked that Caltrans did a study which indicated 30,000 cars per day travel past his business on Foothill Boulevard. He noted that Foothill Boulevard is a major thoroughfare. He commented that George Leighton, the acoustical consultant with over 30 years of experience, had indicated that the railroad berm acts as a buffer and the music beyond the tracks would be inaudible with decibels below the City regulations without adding a vestibule door which would eliminate sound coming from the front of the building when the front door is opened to let customers enter and exit. He said they had already made a lot of improvements suggested by the acoustical study. Mr. Rausa said he would not allow dancing because a City ordinance requires two uniformed security guards with a dance floor. He requested that the requirement for licensed security guards from a security firm be eliminated as he said he wanted to train his own doormen to handle the job. He showed pictures of the area where the wrought iron fence is required and requested that he be allowed to substitute a chain link fence. He said they would like to put their trash cans behind the fence which screens the satellite dish and asked that he not have to construct a separate trash enclosure. He said the trash cans would be out of public view. He requested that Condition 12 be revised to indicate that doors and windows would remain closed dudng hours of live entertainment rather than during business operating hours. He said they generally leave the side doors open most of the day, closing them at night. He stated he had obtained a Temporary Use Permit for New Years Eve to prove to the City and neighboring residents that it is possible to have live entedainment without causing a problem. He said he monitored the noise levels at the railroad track that evening and they were below City regulations. He noted there had been no complaints that night. He stated that a newspaper reporter had interviewed a resident who lives behind them and she had indicated they could have all the music they want so long as she can sleep at night and she said she had not heard any noise on New Years Eve. He did not believe the residents had called the bar that night and said they leave the answering machine on because they have not answered the phone for the past two years. He said he had checked the messages on New Years Eve and there were no complaints. He stated there had also not been any complaints to Code Enforcement. He commented there had only been one driving under the influence police call within the past two years. He said he had tried to work with the Rancho Villa apartments but they were uncooperative. He noted that letters of opposition had been received from Villa Gabriel Planning Commission Minutes -2- February 14, 1996 town homes and said their entrance is 1/2 mile away. He felt there should be no traffic impact to those residents because his customers enter and exit off Foothill Boulevard, rather than Baker Avenue. He noted that they have two seating capacities, one for dining and one for viewing sports and live entertainment. He said that dudng the live entertainment, he plans to cover the pool tables and make them into tables. He felt they had shown good faith by making improvements before they were requested. He asked how he could assure that false complaints are not made if entertainment is approved and said he would stop entertainment immediately and rectify the problem if there are valid complaints. Commissioner Lumpp asked to verify that Mr. Rausa does not want a dance floor. Mr. Rausa confirmed that was correct. He said he dropped the request because of the requirement for secudty guards. He noted that Peppers, Skippers, and Shelleys all have live entertainment and dancing and do not provide any security guards. Commissioner Lumpp observed that Ms. Fong had indicated that Mr. Rausa wished to have entertainment on Sundays. Mr. Rausa said that was correct. He said he had told the Planning Commission at the last meeting, that he would like to expand the entertainment if they pass a probation period because holidays do not always fall on the weekends. He noted that New Years Eve will fall on Tuesday this year. He said they want to have blues music on Sunday afternoons from 3:00 p.m. to 10:00 p.m. and the doors would be closed and regulated during those times. He said they were willing to have entertainment only on Friday and Saturday nights in order to prove that they can have a band without problems. He indicated he would like to have classic rock, country, and blues on Friday and Saturday from 8:00 p.m. to midnight. Commissioner Lumpp asked if he objected to having licensed security guards from a reputable security firm because of the cost. Mr. Rausa replied that cost is one factor. He said that security guards have batons or guns which could create additional liability if a customer were to get possession of those weapons. He stated he trains his own doormen and has never had an assault complaint or lawsuit filed. He said the doormen monitor the doors and check identifications and there would also be a doorman in the parking lot to assure there is no loitering. He showed pictures of trails worn in the vegetation and indicated where he felt the fence should go. Commissioner Lumpp said he had visited the site today and had no problem getting up onto the railroad tracks. He said he had parked by the trash cans. Mr. Rausa said that was where he proposed putting a chain link fence. Commissioner Lumpp asked why the applicant did not want to build a trash enclosure per the City standards. Mr. Rausa said they were trying to keep costs down because the other improvements had been very expensive. He said the vestibule itself will be thousands of dollars. He thought building an enclosure around the trash will be an eyesore and it would be better to place the cans out of view in their storage area. He said it had been Commissioner Tolstoy's suggestion that the cans be placed in that area. George Leighton, Acoustical Consultant, 1307-A South Euclid Avenue, Anaheim, stated that his report had been referenced at the last meeting. He said he conducted tests with recorded music which show that sound would be inaudible at any of the adjacent residences so long as the doors and windows of the bar are kept closed. He observed that one of the adjacent residents had Planning Commission Minutes -3- February 14, 1996 indicated he heard the band playing on New Years Eve. Mr. Leighton confirmed that if the door had been opened, the sound could escape, He noted that the door opened toward the residences which would focus the noise in that direction. He said he subsequently met with the applicant and discussed adding a vestibule to add a noise barrier to prevent the noise from heading toward the residences and to act as a sound trap by lining it with sound absorbing material. He stated that with the vestibule there should no longer be any problem. He said that the back door will be closed during live entertainment and only used in the event of an emergency. Commissioner Tolstoy recalled that the acoustical study had indicated that an inspection revealed the seals around the doors were not properly adjusted. Mr. Leighton responded that the owner reported that he subsequently had the seals adjusted properly. Commissioner Tolstoy asked if it is easy to see when the seals are not adjusted properly and if anyone can adjust the seals or if they need to be adjusted by someone from the manufacturer. Mr. Leighton replied it is easy to check the seals with the use of a feeler gauge. Commissioner McNiel asked the life of door seals. Mr. Leighton replied they should probably last 10 to 15 years before losing their resiliency. COmmissioner McNiel asked if the seals were located at the door where a vestibule will be located. Mr. Leighton responded they were and the vestibule is intended to act as a sound trap to further reduce the noise level. He said Mr. Rausa had indicated the other two doors will be used only as emergency doors when there is live entertainment. Commissioner Lumpp asked how traffic noise would impact the readings. Mr. Leighton replied that he took the worse case situation of no traffic sounds to judge the noise emitted by the facility. He said they took their sound readings at 6:15 a.m. on a Sunday morning so the readings would not be influenced by traffic noise. He noted that traffic noise would not be continuous, but rather intermittent and said it was important to see if the band would be heard during a lull in the traffic. Karen Wood, 8410 Cedarwood Lane, Rancho Cucamonga, stated her house is located directly behind the bar and she lived there for five years. She said she entered the bar five years ago and did not care for it but she went again three years later and felt the owners have done a great job. She stated she now patronizes the bar because it is a safe place to go and the customers are business people. She said she does not hear any noise when she is at home. She reported she had gone to the bar New Years Eve and then went home and could not hear anything. She said she has three children and she and her husband ride Harley motorcycles and have received fines from the Homeowners' Association because of starting up the motorcycles and she has gotten fined because her kids make noise. She stated that when she moved into the neighborhood, she was approached by a man who said they were trying to make the community a retirement center and did not like kids. She said her husband gets up at 4:00 a.m. and they would not appreciate noise at night, but she felt that the bar does not cause a problem. Shidey Kovar, 8438 Cedarwood Lane, Rancho Cucamonga, stated she lives directly behind the Final Score. She said she appreciates all the efforts which have been made to improve the building but she felt it is in the wrong place for their type of business. She asserted there is too much traffic in the area. She said it is already difficult to make a left turn from Baker onto Foothill and she feared allowing entertainment will make the situation worse because there will be more patrons. She stated Planning Commission Minutes -4- February 14, 1996 she does not trust Mr. Rausa to be willing to work it out if there are complaints. She observed that he had not obtained a required permit before showing satellite football games and he had live entedainment without getting a permit. She stated he had been rude to homeowners. She said she personally called the police about him. She indicated that on several occasions she had called the bar to complain that the recorded music from the jukebox was too loud and the music was generally turned up and the doors remained open. She asked that the Commission insist on security if the permit is granted in order to keep the patrons from coming up on the railroad tracks when they are leaving. She noted she had provided further details in previous letters to the City. She thought a lot of the neighbors were not home on New Years Eve and that was probably why there had not been complaints. She said a lot of her neighbors are young people and they also complain about the noise. Commissioner Lumpp asked when Mrs. Kovar filed the police complaint against Mr. Rausa. Mrs. Kovar thought it was filed in 1993. Glenda McConnell, 8353 Via Carrillo Drive, Rancho Cucamonga, asked how many residents have a right to testify at the hearing. She asked if only nine homeowners have that right. Chairman Barker responded that it is a public hearing and anyone has that right. Ms. McConnell stated she works for Consolidated Management Enterprises, 1511 West Holt BOulevard, Suite B, Ontario, and is the property manager for Rancho Villas Homeowners Assodation and for Villa Gabriel. She said she also owns a home a few hundred yards away from the establishment. She reported that as the property manager, she distributed a letter to all the homeowners to advise them about the hearing and she received a phone call from Mr. Rausa threatening her with a lawsuit because of her letter and he told her that only nine people have the right to be at the hearing. She felt he should have to build the trash enclosure and the fence. She also felt that it is dangerous for westbound traffic to make a left from Foothill Boulevard into the properly. She noted that Rancho Villas has residents of all ages from babies up to retired people and she did not feel the residents object to noise from children playing. She said the homeowners are concerned about the element that the bar attracts and that their property values are adversely affected. Commissioner Lumpp asked when Mr. Rausa had threatened her with a lawsuit. Ms. McConnell replied that it was last week. Commissioner Lumpp stated that one of the letters of opposition that was submitted is signed by someone with four separate addresses. He felt that with four separate addresses, the person may not even live in Rancho Cucamonga. He thought it would have been more appropriate if the residents who actually live there had signed the letter and said he was not impressed by the validity of such a letter. Ms. McConnell did not know if that person lives in the development. She said her power only goes to the homeowners, and she cannot deal with the tenants. She thought there would have been more residents at the hearing if it were not Valentine's Day. Commissioner McNiel asked if any residents had complained to her about the Final Score. Ms. McConnell replied there have been many complaints and that was why she had sent out the letter to let them know they could attend the hearing. Commissioner Tolstoy asked when a traffic signal will be installed at Foothill Boulevard and Baker Avenue. Planning Commission Minutes -5- February 14, 1996 Dan James, Senior Civil Engineer, stated he did not know but he would find out and inform the Commission. Mr. Rausa said he lives on Baker Avenue and he agreed that a traffic signal is needed. He said he had been notified by a patron that they had received a letter from Ms. McConnell stating that the tranquility of Rancho Villas would be eliminated because of entertainment at the Final Score and urging people to wdte letters so that their concems could be heard. He stated he had not threatened her with a lawsuit. He said he was aware that only 16 condominiums were within the 300-foot radius and he thought the Villa Gabdel residents would not be affected at all because the closest residence is over 1,000 yards away. He felt a valid complaint would be a call to Code Enforcement, the City Planning Division, or the Police. He thought there has not been a formal complaint in over three years. He asked how it would be possible to make sure that invalid complaints are not made if the permit is granted. He feared the residents will waste taxpayer money by calling the Police as soon as they have a band. He thought most complaints are invalid. He thought that if the Villa Gabriel town homes were involved, the City would have sent them a letter notifying them of the public hearing and the hearing was only for residences within a 300-foot radius of his establishment. Chairman Barker stated that the City is required to notify all properly owners within 300 feet, but a notice is also placed in the newspaper and any citizen has the right to address any body or Commission on any issue. Mr. Rausa apologized and said he was not aware of that. COmmissioner Lumpp asked Mr. Rausa if he talked to Ms. McConnell. Mr. Rausa confirmed that he did and said he asked why she had sent out the letter when there were no valid complaints. Commissioner Lumpp asked what Ms. McConnell replied. Mr. Rausa replied she had said she lives in Rancho Villas but wanted to alert the Villa Gabriel units because they were also affected and he had told her they are not affected because they are outside the area. He said the entrance to Villa Gabriel is on Baker Avenue close to Arrow Highway. Commissioner Lumpp asked if perhaps Mr. Rausa had allowed his temper to flare and said something which he may not have wanted to say when he spoke to Ms. McConnell. Mr. Rausa acknowledged that could have happened but said she had been rude to him and he was just trying to work it out. He reiterated that his business is a commercial establishment which has been there since 1910. He felt they have a right to have live entedainment because live entertainment is offered at other locations on Foothill Boulevard from Fontana to the ocean. Hearing no further comments, Chairman Barker closed the public hearing. Commissioner Lumpp observed that a comment had been made at the last meeting by Commissioner Melcher that seemed obvious but he felt it was worth restating. He said the business is not located in a residential neighborhood and is not in a Neighborhood Commercial zone, but is in a Community Commercial Distdct and is adjacent to a major arterial that has an extreme amount of traffic. He noted it is a facility that has been there for many years and was previously in worse condition than it currently is in. He said he was having a difficult time justifying the complaints based on all the surrounding ambient noise. He expressed sympathy for a business person who tries to comply with the law. He noted that Mr. Rausa had modified the operation and included sound attenuation measures and would continue to do that by adding the vestibule. He thought the conditions suggested by staff were valid and in the best interest of the community. He felt that if the applicant complies with the conditions prior to offering live entertainment, the City had done its job Planning Commission Minutes -6- February 14, 1996 to the best of its ability. He thought that if the City listened to every homeowner, there would be no commercial development within the City and conversely if the City listened to every business person, there would be no residential areas in the community. He felt Mr. Rausa had made a good faith effort toward mitigating any nuisance noise which may occur as a result of the entertainment and he deserved a chance to provide entertainment. Commissioner Melcher agreed with Commissioner Lumpp. He noted there is another bar located in the northwest part of the City where a commercial establishment was introduced into a residential neighborhood and caused problems because of the way it is operated. He thought this situation is the exact reverse where the business was established and the residences were built later. He thought it would be equally wrong for the residents to be able to drive the business out. He supported the conditions that the staff had suggested. He acknowledged that the applicant did not like all of the conditions but he thought they were reasonable. Commissioner McNiel stated he was not concerned about who came first and who came second, but he was concerned about some of the things he heard this evening. He thought the Commission should consider need and noted that Mr. Rausa had indicated that his business is good most of the time. He observed that Mr. Rausa had indicated they have not received a lot of telephone complaints but he also said that they generally leave on an answering machine and do not answer the phone. He felt the location is probably the most precarious on Foothill Boulevard and is an awkward and treacherous location. He did not feel the entertainment will benefit the community. He stated there is an obvious conflict and he thought approval of an entertainment permit would escalate that conflict. He did not support the application. Commissioner Tolstoy felt that planning decisions need to reflect the needs of the community, both the residents and the small business people. He reported that he had read the minutes from the previous meeting. He thought there were three issues; loud music, disturbances in the parking lot, and people loitering on the bank in back of the establishment. He thought the problem with loud music had been mitigated because of the retrofitting of the building with doors and acoustical materials. He observed that a vestibule which will open toward Foothill Boulevard will also be built and he hoped the inner door would not be propped open. He acknowledged there is the potential for disturbances in the parking lot because patrons leaving a bar may tend to be boisterous but felt that could be mitigated by having a uniformed security guard in the parking lot during the hours of entertainment and for several hours afterwards. He did not feel there is a real problem with patrons of the bar loitering on the railroad embankment but felt the addition of a fence would preclude patrons from using the area. He said he had visited the bar twice and had walked down the railroad overpass and noted there is a distinct path on the Baker Avenue side of the tunnel up the side of the berm. He thought school children may use the path and said he had been told that gangs use the area. He said he had seen graffiti on the walls of some of the buildings but he did not think that was being applied by the bar patrons. He did not think adding a fence will alleviate the problems because he did not think the bar patrons are causing the problems. He felt that Mr. Rausa is a small businessman who is creating tax dollars for the City. He thought the mitigation measures which had been taken and those which will be taken before entertainment is permitted should address the issues raised by the residents. He said he would support the application but said he would act to stop entertainment if there are problems. He felt the final success will depend upon the management. He said he was bothered to hear that there had been rudeness and he felt that if complaints are made, the bar management needs to handle the problems without being rude. He suggested some changes be made to the resolution. He thought it would be reasonable to allow entertainment on Sundays from 3:00 p.m. to 10:00 p.m. and on holidays which do not fall on weekends. He supported reducing the number of licensed security guards from two to one and suggested that one person be in a peace officer"s uniform. He said he would not support the application without a duly licensed security guard from a reputable security firm. He acknowledged that the Planning Commission had always asked for wrought iron fences but said he felt a green or black chain link fence installed by a professional installer would be sufficient because he did not think it will be seen and it would be planted with dense landscaping. Commissioner Tolstoy felt that if the Planning Commission Minutes -7- February 14, 1996 trash is kept behind a wooden fence that is already there, it would be out of public view. He suggested that the condition be reworded to indicate that a trash enclosure is not required unless the City determines that the containers are left out in the open. He observed that Condition 12 required that all doors and windows remain closed during business operating hours except in cases of emergency and he felt that was unrealistic. He thought it would be more appropriate to require that the doors and windows be closed after 6:00 p.m. or 7:00 p.m. and during live entertainment. Chairman Barker stated he has never supported someone who bought next to a use and then complained about the use; however, he felt that adding live entertainment will be a change in the status quo which may have a negative impact. He felt denial of the entertainment permit would not drive the business out. Commissioner Melcher stated he would support Commissioner Tolstoy's suggested modifications for a 90-day trial period with the proviso that the conditions as written by staff would go into effect if problems develop during the trial period. Commissioner Tolstoy said that if the trash is left out, a full trash enclosure should be built. Commissioner Lumpp felt the fence should be wrought iron because he thought it will be visible from Foothill Boulevard. He recalled that the Commission had required a wrought iron fence behind the golf course because it was noted that people riding the Metrolink would see the fence. Commissioner Tolstoy did not feel it should be necessary for the fence to be wrought iron but said he was willing to support wrought iron. Commissioner Lumpp said he was willing to go along with the suggestion to place the trash behind the fence but observed that if the trash is left out, he would require construction of a trash enclosure. Mr. Buller suggested that Condition 10 be rewritten to indicate that no new trash enclosure is required at this time; however the City Planner may require one to be provided within 60 days of notice if the trash container is left in public view. He also noted that Commissioner Tolstoy had suggested that they be allowed to have entertainment on holidays which do not fall on their normal entertainment days. He suggested the Commission could specify certain holidays or could require the applicant to obtain a Temporary Use Permit for entertainment on such a holiday. Commissioner Tolstoy felt that was satisfactory. Commissioners Lumpp and Melcher agreed and also supported allowing entertainment on Sundays. Motion: Moved by Melcher, seconded by Tolstoy, to adopt the resolution approving Entertainment Permit 93-03 with modifications to delete the dance floor, allow entertainment from 3:00 p.m. to 10:00 p.m. on Sundays, provide for one security guard in peace officer's attire, allow the trash enclosure to be placed behind an existing fence, and allow doors and windows to remain open during the day during times when there is no entertainment. Motion carried by the following vote: AYES: LUMPP, MELCHER, TOLSTOY NOES: BARKER, MCNIEL ABSENT: NONE - carried Commissioner McNiel thought the Commission had made some compromises on policy issues which would not have been made if the properly were being built today. The Planning Commission recessed from 8:32 p.m. to 8:42 p.m. Planning Commission Minutes -8- February 14, 1996 DIRECTOR'S REPORTS B. CUCAMONGA CORNERPOI NTE LLC - A request to consider initiation of text changes to add small lot subdivision standards in conjunction with General Plan Amendment 95-03A, Industrial Specific Plan Amendment 95-04, and Development District Amendment 95-02. Brad Bullet, City Planner, stated that the applicant had submitted a letter of withdrawal for this request and had indicated a desire to address the Commission. Bruce Strickland, Griffin Industries, 24005 Ventura Boulevard, Calabasas, stated they felt they had proposed a project which had merit, but they felt it would be better to deal with the project location and change of land use without complicating it by requesting text changes to add small lot subdivision standards. Commissioner Melcher stated that he had been contacted by Mr. Faller and had been informed they are now planning all 6,000 square foot lots. He said he had told Mr. Faller that he felt the Commission should consider whether to allow more residential development in a somewhat isolated area when there is plenty of undeveloped residential land in the City. He felt the project originally had appeal because of the proposed innovative product. Mr. Strickland said there had been many unique aspects on their original proposal which they still intend to pursue; such as architectural styles, designs, ddveway treatments, porches and projections into the front yards, and pushing driveways back and to the side. He indicated they still intend to continue to explore where those features would be appropriate. He thought they would propose a variety of lot sizes, with an average of 6,000 square feet. He expressed appreciation for the time the Commission and staff had provided. He said everyone had been cooperative and agreeable to work with. He stated it was a business decision and the final product will probably look like a more standard subdivision. He hoped they could address the concerns of the Commission with regard to the General Plan Amendment. Commissioner Lumpp stated he had heard that Rancho Cucamonga has a reputation for being a hard town in which to get projects approved. He asked that Mr. Strickland pass on the comments he had made regarding the City's responsiveness when asked by other developers. He hoped that would help Rancho Cucamonga's image change to a more positive one. Mr. Strickland said he would be happy to do so. OLD BUSINESS C. COMMERCIAL LAND STUDY DISCUSSION Brad Buller, City Planner, reviewed the Foothill Boulevard corridor from the western to the eastern City limits. He discussed land use designations, current utilization including vacancy problems, approved projects which have not gone forward, applications in process, and proposals in the early stages of development. He reported that Wohl Development had resubmitted their General Plan and Industrial Specific Plan amendment applications with a letter requesting that review be expedited. Commissioner Melcher said that the Foothill corridor review was helpful. He felt a zone change without a development concept would be backwards. He cited Terra Vista Town Center as an example of a development that was Master Planned with high quality design which attracted tenants. Planning Commission Minutes -9- February 14, 1996 He thought a plan should drive land use changes and not a single tenant with sales tax revenue potential. Chairman Barker praised the GIS colored map of Foothill Boulevard between Deer Creek Channel and Day Creek Channel and looked forward to seeing the rest of Foothill mapped. Commissioner Lumpp said it would be helpful to post updated aerial maps and General Plan maps for Commission meetings. Mr. Buffer indicated updated aerials and maps are available, just not posted in the Council chamber. Chairman Barker invited public comment. Greg Hoxworth, Lewis Homes, 1156 Nodh Mountain Avenue, Upland, said it has been difficult to attract tenants to their current projects because of the uncertainties of additional land along Foothill Boulevard being rezoned for retail development, for example Vestar is advertising the availability of 300,000 square feet of leased space on the southwest corner of Haven Avenue and Foothill Boulevard. He commented that a zone change without a project could make a profit for a landowner. He also stated that, if the City is to entertain rezoning the south side of Foothill Boulevard for Commercial retail, the remainder of the nodh side should be considered at the same time. The Commission concluded that as more data and updated maps and plans are generated, that information should be forwarded to the Planning Commission in a workshop setting. D. PRE-APPLICATION REVIEW 96-01 - Mark/Taylor - The review of 264 condominiums on 19 acres of land in the Medium Residential zone (8-14 dwelling units per acre), located in the Victoria Planned Community, on the north side of Baseline, one block west of Victoria Park Lane. Keith Lamparter, Mark-Taylor, Inc., 6623 North Scottsdale Road, Phoenix, Arizona, introduced himself. Michael Coghlin, Mark-Taylor, Inc., 6623 North Scottsdale Road, Phoenix, Arizona, gave a brief presentation of their company's experience. Wade Felkins, architect for Mark-Taylor, briefly presented their proposed project. He showed the Planning Commission a revised conceptual site plan prepared in response to staff comments and colored elevations of the proposed product. Dan Coleman, Principal Planner, presented the staff issues and concerns which included the following: 1. Is the project design so outstanding as to merit a density at the top of the Medium range? 2. Vacation of Railroad Avenue South and incorporate into project. 3. Acquisition of Redevelopment Agency property to the east. 4. Site Plan a. Extend decorative paving inside entry gate. b. Stronger connections from parking courts into project interior. Planning Commission Minutes -10- February 14, 1996 c. Add decorative paving at entrance to parking courts. d. Add tot lot in south half of project. 5. Architecture a. Single white color and stucco over details. b. Blank walls c. Garage roof heights/form along Baseline. Mr. Felkins indicated that the colored elevations represented a Prairie style architectural theme. Commissioner McNiel asked about the tot lot locations and their potential locations in the southerly half of project.. Commissioner Tolstoy asked about parking provided. He stated that the main entry porte cochere must meet fire access standards. Commissioner Lumpp stated that a condominium is not a product, rather it is a form of ownership. He commented that the applicant had previously stated their intent to market these units as rental .. _ apartments which, in his opinion, is not allowed by the Victoria Community Plan Medium Residential designation. He expressed concern with the applicant's intent to offer garage space rental and asked for clarification of this concept. He stated that he was opposed to the exclusive use of a trash compactor because of the inconvenience for tenants to have to take their trash to a single collection point. Commissioner Tolstoy inquired whether the Base Line Road access point will be used all the time or just for emergencies? He indicated a concern with traffic on Base Line Road. Mr. Coleman replied that the code requires two points of ingress and egress for tenants. Commissioner Tolstoy liked the conceptual site plan layout. He expressed a desire to see recycling facilities in conjunction with the trash compactor. He felt that Railroad Avenue South and the Redevelopment Agency property should be incorporated into the project. He disliked the concept of renting garage spaces to tenants. Commissioner McNiel stated that he liked the conceptual site plan. He felt that the proposed architecture was not acceptable. He suggested neighborhood meetings be held to obtain input from Victoria residents. Commissioner Melcher expressed concern with the site plan in relation to proposed density. He noted a lack of substantial open spaces. He cited Tract 13273 (southeast corner of Milliken and Mountain View Ddve) as an example of the kind of open space desired. He expressed concern with the design of the perimeter drive aisle, in particular, the 90 degree turns and parking along sides. He thought that the architecture seemed "plunked down" and did not successfully address the surrounding context of Victorian architectural theme. He felt the proposed elevations were hum drum. He said that he liked that a tenant would be able to walk from one unit to another unit without crossing a driveway. Commissioner Barker expressed concern with the proposed density being at the highest end of the range. He suggested that the applicant address how the project would feel to pedestrians. He indicated a desire to avoid creating a tunnel-like feeling between buildings. He stated that Base Line Road is also a .primary entrance and should receive the same level of design treatment as the Planning Commission Minutes -11- February 14, 1996 Street "A" entrance. He suggested larger open spaces. He said that the architecture must blend with the surrounding context. He expressed concern that he saw nothing special about the project design. PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS There was no additional Commission business. ADJOURNMENT 10:50 p.m. - The Planning Commission adjourned to a workshop immediately following in the Rains Room regarding Modification No. 2 to Conditional Use Permit 93-49. TF~e workshop adjourned at 12:00 midnight and those minutes appear separately. Respectfully submitted, Secretary Planning Commission Minutes -12- February 14, 1996