HomeMy WebLinkAbout1994/08/24 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
August 24, 1994
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, Larry McNiel, John Melcher,
Peter Tolstoy
ABSENT: Heinz Lumpp
STAFF PRESENT:
Brad Buller, City Planner; Dan Coleman, Principal
Planner; Nancy Fong, Senior Planne~; Ralph Hanson, Deputy
City Attorney; Dan James, Senior Civil Engineer; Gail
Sanchez, Planning Commission Secretary; LeAnn Smothers,
Redevelopment Analyst
, , , ,
ANNOUNCEMENTS
Brad Bullet, City Planner, suggested that Item B be moved to be first under
public hearings.
Commissioner McNiel stated that he had to leave at 8:15 p.m. to return to a
class that his organization was presenting.
, , , ,
APPROVAL OF MINUTES
Motion: Moved by Tolstoy, seconded by Lumpp, carried 4-0-1 with Lumpp absent,
to approve the minutes of July 27, 1994.
, , , ,
PUBLIC HEARINGS
Be
CONDITIONAL USE PERMIT 94-20 - PARKER - A request to establish the sale of
antiques and artwork within the existing Demens-Tolstoy House, a local
historic landmark, on 3.16 acres of land in the Very Low Residential
District (2 dwelling units or less per acre) at 9686 Hillside Road -
APN: 1061-561-04.
Commissioner Tolstoy excused himself from hearing the item.
Brad Buller, City Planner, stated that all legal noticing requirements had
been met; i.e., the item was noticed in the paper, notices were mailed to
property owners in the minimum 300-foot radius, and the property was properly
posted. He reported that the week that the agendas were mailed out, an
inspection was made of the property and the applicant proposed making some
changes to the application. Therefore,' the item had to be continued to
September 14, and that was so noted on the agendas which were mailed to the
agenda subscription list. He stated that after the agenda had been mailed to
the agenda subscribers, the applicant contacted staff and indicated they did
not wish to continue the item. He recommended that the Commission continue
the item to September 14 because of the possible confusion. He suggested that
the Commission open the public hearing to receive testimony from those who
could not be present on September 14. He recommended that the item be
readvertised.
Chairman Barker stated that he intended to continue the item. He said that if
anyone in the audience could not attend on September 14, the Commission would
want to hear their testimony tonight. He said he was uncomfortable making a
decision because there may be people in the community who thought the item
would be continued and had intended to be present. He requested a count of
those people in the audience who were present regarding the item.
Mr. Buller counted 35.
Dan Coleman, Principal Planner, presented the staff report. He reported that
a memorandum from the Building Official indicated some minor changes that
would be needed on the inside of the structure based upon a change of
occupancy. He said he had received six telephone calls and two of those
individuals had also written letters which had been forwarded to the
Commission. He said the residents were opposed to the request and had
expressed the following concerns: 1) Did not feel retail is consistent with
the quiet, rural atmosphere of the residential area; 2) potential increase in
traffic and the desire for a stop sign on Archibald at the intersection of
Hillside; 3) the amount of items being stored on the property--i.e., vehicles
and general clutter; and 4) an assumption that if this use is approved on a
limited basis that there would be the potential for other commercial uses on
the property such as a bed and breakfast, convenience market, or fast food
restaurant. He pointed out that such uses as a convenience market or fast
food restaurant would not be allowed by law.
Commissioner Melcher asked who would be responsible for installing the planned
community trails which are to be installed when the surrounding property
develops.
Mr. Coleman responded that they would be installed by the adjoining developer.
Dan James, Senior Civil Engineer, stated that the subdivision has an
improvement certificate on the map which indicates that the adjoining parcel
will be responsible for those improvements.
Commissioner Melcher observed that the memorandum from the Building Official
indicated that only the basement area was inspected but Exhibit D indicated
Planning Commission Minutes -2- August 24, 1994
that the first floor would be use for sales areas and tours and the upper
story would be used for tours. He asked if the house is a residence and if
the entire building is proposed to be used as a commercial enterprise.
Mr. Coleman responded that the owners live there. He said the entire
structure will not be a commercial venture as the tours are something they
have stated they would like to provide only as a way to educate the community
and allow the community to experience the house. He remarked the Parkers had
indicated they would provide the tours for school children, scout troops,
etc. He said that when the inspection was performed, the Parkers indicated
during the field meeting that they were changing their application to only use
the basement so they only allowed the inspection to occur in the basement. He
said the next day they changed their mind and decided to include sales on the
first story.
Chairman Barker stated that based upon need, the staff report would be
repeated at the September 14 meeting and he asked that Mr. Coleman attempt to
incorporate the questions raised by Commissioner Melcher in the revised staff
report. He opened the public hearing.
Dennis Parker, 9686 Hillside Road, Rancho Cucamonga, stated that he, his wife
Erica, and their six children live at the house. Me said they had been
impressed with the historical aspect of the property and they had been
informed that the home is a well known, historical landmark in the City and to
the people of Rancho Cucamonga. He remarked they purchased the property
because it fits their family. He said they had no idea when they purchased
the property of the number of people who would come to the property to take
pictures and walk up to the door and ask if they could see the property. He
commented that their children attend the public grammar and junior high
schools and the school administrators and cub scouts have all expressed an
interest in being able to have tours of the property to learn about the
history. He said as the interest increased, they decided to try to find a
reason to allow more people to enjoy the property. He remarked that over the
years they had accumulated antiques and dishes which are their personal
property, and they decided to perhaps sell some items. He stated their
preliminary plan was to utilize the center floor and the downstairs as a sales
area. He noted that after talking to the Planning Department, he found that
some of the requirements are based on square footage of the area used for
commercial purposes. He said they then decided to use only one room of the
downstairs for sales in order to reduce the square footage and to provide
easier access to help move the application through the process; and therefore,
the inspection was only of the basement level. He said that following the
inspection, the Planning Division contacted him and suggested that a
continuance would be needed to September 14 because a revised staff report
would have to be prepared based on the change in the application and the new
information. He reported he then asked if it would be possible to hold the
hearing tonight and was informed that if they did not change the original
proposal, the hearing could be held. He said they do not expect a large
number of clients or a lot of income from the business. He commented that his
wife and children are in the home full time, and they are merely trying to
make it easy and convenient for the people of the community to visit the
property. He stated they have plans for extensive landscaping and they have
Planning Commission Minutes -3- August 24, 1994
made an offer to purchase the adjoining 8-1/2 acres. He felt if they are able
to purchase the remaining acres, it would better accent the corner and the
house, because there will eventually be a housing development wrapping around
the corner if they are unable to purchase the property. He said the
development on the 8-1/2 acres would be responsible for putting in the horse
trails and the landscaping improvements on Hillside and Archibald but the
investment group has indicated there are no plans for development in the near
future and the land is currently for sale. He indicated he is currently
performing the weed control on the Hillside and Archibald frontages. He said
he and his wife are willing to work with the City, perhaps on a low interest
bond, to try to improve the corner prior to development by the investment
group. He said they are currently working with experts in trying to save the
104 year old Washington navel trees. He hoped that the people in the City
would enjoy the property. He said they plan to concentrate the sale of
antiques in one room of the basement with the sales and tours being handled by
his wife and older children. He said they do not expect a large volume of
people, but rather a maximum of 4 to 5 people going through at a time. He
noted that their driveway is approximately 150 to 200 feet off the road and he
thought that the cars would be screened from Hillside when the grapes are in
bloom. He said they don't expect more traffic than they already have. He
agreed it would be nice to have stop signs on Archibald.
Chairman Barker reiterated that the hearing would be continued to September 14
and requested testimony from those who felt they could not attend at that
time.
The following residents spoke in opposition to the project:
Eugene Rich Illsley, Sr., 8375 Vicara Drive, Rancho Cucamonga
Randy Alfieri, 9739 Cinch Ring Lane, Rancho Cucamonga
Owen Belletto, 9763 Flying Mane Lane, Rancho Cucamonga
Allen Shapiro, 9737 Flying Mane Lane, Rancho Cucamonga
Dale Cummins, 9738 Flying Mane Lane, Rancho Cucamonga
Jeff Unger, 9717 Cinch Ring Lane, Rancho Cucamonga
Michael Ponce de Leon, 9827 Flying Mane Lane, Rancho Cucamonga
In addition, a letter of opposition signed by 11 residents was presented along
with individual letters of opposition from the following people:
Ronald G. Shelton, 9853 Cinch Ring Lane, Rancho Cucamonga
Paul E. and Karen Lee Mock, 5506 Malachite Avenue, Rancho Cucamonga
Eleanor Shollenberger, 9758 Cinch Ring Lane, Rancho Cucamonga
Concerns were raised about the following: that the area would be turned from
a residential to a commercial area, increased traffic and accidents, potential
for lowering property values, property not being well kept, front yard storage
or sale of antique wagon and equipment, fear of a convenience store or fast
food restaurant being built, traffic going into and out of the driveway, poor
and limited notification given to homes in the area, dust from use of a gravel
driveway, driveway proximity to the intersection of Archibald and Hillside,
lack of screening of vehicle parking, safety of children, increased crime,
potential for advertising or signs, type of clientele. Pictures were
Planning Commission Minutes -4- August 24, 1994
presented of an RV and a covered wagon parked in the driveway and the posting
notice.
In response to a question as to who was mailed notices, Mr. Coleman replied
that notices were mailed to all property owners within 300 feet of the
property, which amounted to 10 notices.
A request was made that the notification area be expanded.
Nancy Kettle, 9588 Wilson, Rancho Cucamonga, stated that she had read about
the hearing in the newspaper. She questioned how many people in the audience
were in favor of preserving historic structures. She stated that she owns an
historic structure and has spent a great deal of time and money in trying to
rehabilitate and maintain that structure. She suggested that the owners may
have discovered that the maintenance costs are extremely high. She noted that
another historic s~ructure in the community had recently burned because it
lacked care and money.
Chairman Barker announced that the hearing would be continued to September 14,
1994. Me questioned when large posting signs are used.
Mr. Buller responded that 4 x 8 foot plywood signs' are used for in-fill
projects. He noted they run several hundred dollars to install.
Chairman Barker did not feel an 8-1/2 x 11 inch notice is sufficient.
asked that the notification be expanded.
He
Mr. Buller suggested that all the property owners in the Regency Equestrian
Homeowners Association could be notified if the HOA would supply an up-to-date
mailing list.
Chairman Barker felt that would be good.
Commissioner Melcher asked what state law requires.
Mr. Buller replied that state law requires notices be mailed to property
owners within 300 feet, but City law expands upon the state requirements by
also requiring that a notice be placed in a newspaper of general circulation
and that the property be posted.
Commissioner Melcher stated the City is already going above and beyond what is
required by state law and he felt that no matter how far the notification area
is expanded, it would never satisfy all of the people. He favored not making
any changes.
Chairman Barker felt that people in the immediate vicinity are impacted and he
thought the area should be expanded.
Mr. Buller encouraged any of the residents or representatives of the HOA to
contact the staff to discuss any of the issues.
Planning Commission Minutes -5- August 24, 1994
The Planning Commission recessed from 8:15 p.m. to 8:25 p.m.
Commissioner McNiel left during the recess.
CONDITIONAL USE PERMIT 94-24 - MORRIS - A request to operate a private
school and performing arts academy with extended care for school children
in a leased space of 5,772 square feet in the General Industrial District
(Subarea 3) of the Industrial Area Specific Plan, located at 9087 Arrow
Route, Suites 130 and 140 - APN: 209-012-19.
Dan Coleman, Principal Planner, presented the staff report.
Chairman Barker asked for further explanation of the drop-off procedure.
Mr. Coleman replied that the Commission has required other private schools in
business parks to stripe out and post signs for student loading and unloading
areas. He said that this school is similar to the others, in that parents are
required to take children into the school and sign them in and also go into
the school to sign out the children at the end of the day.
Chairman Barker opened the public hearing.
Dr. Leslie Morris, 5109 Lipizzan Place, Rancho Cucamonga, stated that he and
his wife Millie co-own the school. He said it is a private school which
combines academics with training in the performing arts. He requested
approval of the application.
Chairman Barker stated he is very concerned about the safety factor. He
observed the property was not designed for this kind of use and he questioned
the control factors in place to be sure that children will not be hurt. He
asked' how the drop-off procedure is handled.
Millie Morris, 5109 Lipizzan Place, Rancho Cucamonga, stated they will have a
full time guard who will be stationed outside who will make sure parents park
their cars and bring the children inside. She said the parents must sign in
the children and the children must be signed out by the parent or someone who
is on the registration list.
Dr. Morris said the children will be attended at all times.
Ms. Morris stated that had hired two aides so that one could stay in the
classroom with the teacher and the other could accompany children to the rest
rooms.
Chairman Barker asked how many students would be attending.
Ms. Morris replied it will be regulated by the Fire Department and they had
received a preliminary estimate of 78 students, which would equal up to 15 per
class.
Planning Commission Minutes -6- August 24, 1994
Chairman Barker asked if they would be utilizing the park.
Ms. Morris replied affirmatively. She said they would also have field trips
and walks with the children. She said the guard as well as teachers and
parent volunteers would accompany the children on walks around the parks and
scheduled field trips and picnics.
Gary Kendrick, 6661 Morocco Street, Rancho Cucamonga, said he had appeared
before the Commission when the Wise Oaks School application was reviewed and
he hoped this school would not have to go through the same hurdles as did Wise
Oak School. He stated he is a business manager for a private school in
another City; and while he could understand the City's concerns, he felt the
City should have compassion toward the school. He thought that no one is more
conscious of children's safety than people who run private school. He thought
that children in a private school are much more protected than they are in a
public school.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Melcher observed that the Commission that heard the Wise Oak
School matter had several other members. He also noted that in the case of
Wise Oaks School, the Commission was forced to deal wit~ an operation that was
moving along with the momentum of a railroad train at the time the application
was processed, placing the Commission in an awkward position. He felt it was
fortunate that this application was being processed considerably ahead of that
and he stated he was impressed with what the applicant has done at the
premises. He noted there were some references from the Building and Safety
Department and the Fire Department regarding rather significant life safety
issues with respect to the building itself. He suggested that Condition No. 5
be changed to indicate compliance would be required prior to commencement of
instructional activities, as he commented that a skeletal crew is already
there attempting to get the business started.
Commissioner Tolstoy expressed excitement that the community will have a
school combining academics with performing arts. He commented that Wise Oaks
School had been in a business park which experienced more traffic so he
thought the drop-off area concerns could be addressed. He observed that the
staff report indicated the applicant expected 118 students but said that he
had visited the facility and had been told that would be reduced because of a
visit by the Fire Marshall. He said he had been concerned that the toilet
facilities were not adequate for 118 students, but he thought that since the
number of students would be reduced, the facilities should be adequate. He
hoped the facility will succeed.
Chairman Barker noted the applicant had mentioned a full time guard would be
placed outside. He asked if the resolution contained such a requirement.
Brad Buller, City Planner, responded that it did not.
Chairman Barker felt a guard should be there during the times that students
would be dropped off and picked up. He asked if it should be a condition.
Planning Commission Minutes -7- August 24, 1994
Commissioner Tolstoy noted that usually the pick-up times are staggered, but
he felt there would be more of a concentrated arrival time. He agreed it
should be a condition of approval.
Commissioner Melcher supported such a condition.
make sure that Condition No. 5 is carried out.
He said he just wanted to
Chairman Barker agreed that safety is an important consideration. He thought
any approval should reflect the intention of the applicant for a guard to be
present when children are dropped off or picked up. He agreed with the
modification of occupancy.
Mr. Buller suggested that Condition No. 11 be modified to indicate that the
student loading zone would be monitored by school personnel stationed outside
the building.
Chairman Barker asked if the applicant understood the proposed changes and was
agreeable to them.
Ms. Morris responded affirmatively.
Chairman Barker again closed the public hearing.
Motion: Moved by Tolstoy, seconded by Melcher, to adopt the resolution
approving Conditional Use Permit 94-24 with modifications to require that
Building and Safety Division and Fire Protection District requirements be
satisfied prior to commencement of approved school use and that school
personnel' be stationed outside by the loading zone during drop-off and pick-up
times. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, MELCHER, TOLSTOY
NONE
LUMPP, MCNIEL
-carried
Mr. Buller announced that the applicant had already worked with the Chamber of
Commerce in scheduling a grand opening celebration in the near future.
CONDITIONAL USE PERMIT 94-22 - OAS - A request to establish a bar for the
serving of beer and wine in conjunction with a billiard and sport club
within the Thomas Winery Plaza, in the Specialty Commercial District
(Subarea 2) of the Foothill Boulevard Specific Plan, located at 7985
Vineyard Avenue - APN: 208-101-22 through 25.
Nancy Fong, Senior Planner presented the staff report.
Commissioner Tolstoy commented that a restaurant located in the complex has a
liquor license and a liquor store is also in the center.
Chairman Barker questioned why there was a restriction placed on children
under 18 years of age being in the establishment during school hours.
Planning Commission Minutes -8- August 24, 1994
Dan Coleman, Principal Planner, responded that the condition was added based
on previous comments from school districts regarding similar uses.
Chairman Barker opened the public hearing.
Bill Berry, OAS, 27241 La Paz Road, Laguna Niguel, stated he represented the
owner of the center. He said Bill Walls, the tenant, was also available to
answer any questions. He stated they plan to have a restaurant and the beer
and wine is more incidental. He noted that there are currently three
restaurants in the center that have liquor licenses.
Hearing no further testimony, Chairman Barker closed the public hearing.
Motion: Moved by Melcher, seconded by Tolstoy, to adopt the resolution
approving Conditional Use Permit 94-22. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, MELCHER, TOLSTOY
NONE
LUMPP, MCNIEL
-carried
D. CONDITIONAL USE PERMIT 94-25 - FILIPPI - A request to establish a wine
retail store with wine tasting, banquet facilities, and the bottling and
storage of wine within the existing Regina Winery complex, in the High
Residential District (24-30 dwelling units per acre), located at 12467
Base Line Road - APN: 227-161-24.
Nancy Fong, Senior Planner, presented the staff report. She said the
applicant had informed staff that they wish to allow patrons to consume wine
outside the building, and staff had prepared a proposed condition of
approval. She noted that the applicant would like a 5-year term lease with
five 1-year options, for a total potential of 10 years. She said the
applicant had informed staff they would like to permit patrons to consume wine
or beer outside the building and she suggested addition of a condition to
permit such consumption within the patio area.
Commissioner Melcher stated this was the first time the Planning Commission
officially had anything before it regarding this property which had been
purchased by the Redevelopment Agency (RDA) for future affordable senior
housing. He questioned if the intention is to convert the old buildings into
housing or if the buildings would be demolished and something more appropriate
would be built.
LeAnn Smothers, Redevelopment Analyst, replied that it would be a combination
of converting some of the historic structures and blending them into some new
development on the remainder of the site.
Commissioner Melcher asked if the property would be restored to the tax rolls
because of the commercial venture.
Ms. Smothers replied that the applicant was aware they would be responsible
for the payment of taxes that the County Tax Assessor feels is appropriate.
Planning Commission Minutes -9- August 24, 1994
Chairman Barker opened the public hearing
Dale Frisby, Martin J. Ja~ka, Inc., 10723 Bell Court, Rancho Cucamonga, stated
that he was helping wit.'. processing the application. He stated that Gino
Filippi was available to answer questions. He indicated that following
demonstration of good behavior they would like to allow consumption of beer
and wine in part of the park that is to be developed across the parking lot.
He felt staff had done a wonderful job in working with them to address the
needs of the project.
Commissioner Tolstoy noted that part of the proposal is for banquet facilities
and a caterer would be utilized for such uses. He asked if any foods would be
available in conjunction with the tasting room.
Gino Filippi, P. O. Box 2, Mira Loma, thought the room would be more of a
meeting room and sa~d that any meals or foods would be catered. He said only
foods such as cheese or crackers would be available in the tasting room.
Commissioner Tolstoy questioned the request for the consumption of wine or
beer outside the tasting room.
Mr. Filippi stated they were trying to dress up that si~e of the building. He
said they plan to construct a patio area that would give patrons an
opportunity to consume the wine they purchased.
Chairman Barker noted that Opici Winery had old spools under grapes and an
arbor outside their facility where people could sit and drink the wine they
had purchased. He said he also thought they sometimes had tasting parties
outdoors.
Commissioner Tolstoy said he understood tasting parties, but it was a new
concept to him to have tables and chairs for consumption of the purchased
wine.
Mr. Filippi stated there had also been an outside consumption area at the
Thomas Winery.
Commissioner Melcher thought state law may restrict where alcohol can be
consumed outside of buildings where it is purchased. He asked if the
Commission was attempting to regulate something that would not be in their
purview to regulate. He noted that every restaurant he knew of that has
outside consumption of alcohol always has some sort of enclosure and is posted
that alcohol cannot be taken beyond that enclosure.
Mr. Filippi was not sure what the state regulations are.
Ralph Hanson, Deputy City Attorney, commented that the premises would extend
to the entire area that is leased. He noted the property is public because it
is owned by RDA. He said there are local regulations about the consumption of
alcohol in public parks and he noted that designated areas were set up for the
Quakes Stadium.
Planning Commission Minutes -10- August 24, 1994
Mr. Frisby stated that the Alcoholic Beverage Control Agency (ABC) regulates
where alcohol can be consumed on the location and could be more restrictive
than conditions approved by the City.
Commissioner Melcher felt the Planning Commission should not try to over-
regulate the matter but should be willing to let the it be worked out with RDA
and the ABC.
Jim Banks, Jr., Attorney, 10788 Civic Center Drive, Suite 120, Rancho
Cucamonga, stated he was representing Mrs. Eda Ellena, who owns the property
directly across the street from the winery. He stated she and he are in favor
of historic preservation and adaptive reuse, but they are concerned about how
strongly RDA appears to be in favor of the project. He said they had
submitted a written objection to the City when there had been plans to handle
the matter via a Development Agreement and they were happy that the matter is
now being considered as a conditional use permit. He hoped that matters would
not be brushed aside because of the fast processing of the application. He
felt the road is currently unsafe without any vehicles entering or exiting the
winery project. He noted that the road narrows and is very bumpy and he
thought that introducing the truck traffic and the patrons, combined with
alcohol, would add to an unsafe condition. He asked that the repair of the
road be moved higher up on Engineering's priority liet. He also commented
that several years ago the City had downzoned Mrs. Ellena's property from
approximately 30 dwelling units per acre to 24 dwelling units per acre. He
thought the City should consider initiating another General Plan Amendment to
allow commercial on her property. He said there is a storage facility on the
west side, a filling station on the east side, and now a combination
retail/wine bottling and warehouse on the south side of his client's
property. He stated Mrs. Ellena's property is now an island of residential
and he did not feel people would want to live across the street from a
commercial warehouse/bottling operation. He said there is 5 acres of
commercial at the northwest corner of Base Line Road and Etiwanda Avenue and a
3,500 square foot market is approved next to a filling station to the west.
He noted that if RDA builds the senior housing, those people will need a place
to shop, a restaurant, a laundry, etc. and he thought Mrs. Ellena's property
could be used for such commercial services. He thought the Filippis would do
a nice job but he asked that his concerns be addressed.
Hearing no further testimony, Chairman Barker closed the public hearing.
Dan James, Senior Civil Engineer, stated that before this project was even
contemplated, Engineering had scheduled capital improvements to Base Line Road
in this fiscal budget year to widen the asphalt from two lanes to four
lanes. He said that they were now designing the removal of some of the median
island to provide a left turn pocket into the winery. He said design has
already been started and the utility companies have already been contacted, as
some of the utility poles will have to be relocated. He thought the currently
proposed use will generate less traffic than the previous use so the traffic
hazards would not be any greater than the previous use.
Commissioner Melcher asked if street improvements would normally have to be
coordinated with a project so that a use could not commence until street
improvements are finished.
Planning Commission Minutes -11- August 24, 1994
Mr. James agreed that traditionally street improvements must be completed
prior to occupancy if street improvements are a condition. However, he said
the City may not have deemed that frontage improvements along Base Line Road
would be a reasonable condition based on the extent of the use of the leased
property. He said a condition has been added that the driveway location shall
be approved by the City Engineer so that if Engineering determines that the
driveway should be moved, it can be moved.
Commissioner Melcher noted that Engineering is very conscious of the City's
liability with respect to accidents taking place on City property and he asked
if Engineering was convinced that safe conditions will exist within a
reasonable period of time.
Mr. James responded that he was convinced that the City can review both
aspects of the timeliness of the City's design and the installation of the
left turn pocket in connection with processing of the applicant's project. He
said Engineering is contemplating constructing the median break prior to the
widening of the street if necessary.
Commissioner Tolstoy asked where the design phase is in the process.
Mr. James replied that the ultimate design of the street is complete. He said
the City has completed the survey and is plotting the existing cross sections
for the widening of the existing paving and those cross sections will be
compared to the ultimate designs so that as much work as possible can be saved
from the widening when the ultimate improvements, including curb and gutter,
are constructed.
Commissioner Tolstoy asked for confirmation that the currently scheduled
widening would not include curb and gutter or drainage improvements.
Mr. James responded that was correct and that the widening would only be of
the asphalt.
Commissioner Tolstoy asked if money had already been approved in the budget
for the widening.
Mr. James indicated it had been approved as of the July 1, 1994 budget.
Commissioner Tolstoy stated that when the Elks Club used the property there
had been large gatherings. He thought there are now more people living in the
area. He asked if anything had changed in the area to increase safety
concerns.
Dan Coleman, Principal Planner, stated that the Elks Club had stopped using
the facility prior to construction of the median island.
Commissioner Tolstoy said he assumed that Engineering felt the conditions
would be safe with the median island break and possible relocation of the
driveway and that conditions would be safe prior to commencement of the use.
Mr. James responded affirmatively.
Planning Commission Minutes -12- August 24, 1994
Commissioner Melcher appreciated the points raised by Mr. Banks. Me thought
the point was well taken about some other use for Mrs. Ellena's property and
he hoped there would be serious investigation prior to construction of the
RDA's ultimate project. He noted this is only an interim use and he felt it
is better to have the property in use rather than vacant and unguarded. He
thought it would be worthy of consideration to change the designation on Mrs.
Ellena's property, as it may be useful for providing additional neighborhood
conveniences for those who live on the RDA's property and others in the
vicinity. He suggested RDA may have plans for an on-site convenience store
for the senior housing, but he felt such a venture would need to be
subsidized. He thought something off-site that would be market oriented may
be well worthwhile.
Commissioner Tolstoy felt Mrs. Ellena should consider asking for a General
Plan Amendment if and when she has a prospective client for the property.
Chairman Barker noted that the City is also planning to conduct a commercial
land use market analysis and fiscal study.
Commissioner Tolstoy supported addition of the proposed condition permitting
consumption of beer and wine in the patio area but he felt the City should
review any plans for consumption in the park. He suggested that language be
added that future use of the park may be permissible upon inspection of the
facility by the Commission.
Mr. Buller suggested that if the Commission believed that such a use would be
acceptable upon demonstration of good behavior that the minutes could reflect
that the Commission would support such an expansion if state regulations
permit it.
Mr. Hanson noted that the City is the property owner and a lease will be
involved. He suggested that the condition be modified to indicate that
additional areas may be reviewed subject to modification of the lease, as the
lease would have to be approved by the City Council. He said the minutes
would reflect the Commission's intentions.
Commissioner Tolstoy said he was comfortable with that.
Commissioner Melcher preferred such an action.
Motion: Moved by Tolstoy, seconded by Melcher, to adopt the resolution
approving Conditional Use Permit 94-25 with modification to permit consumption
of beer and wine on the patio and in other areas subject to modification of
the lease. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, MELCHER, TOLSTOY
NONE
LUMPP, MCNIEL
-carried
Planning Commission Minutes -13- August 24, 1994
DIRECTOR'S REPORTS
E. SCOPE OF SERVICES FOR COMMERCIAL LAND USE MARKET ANALYSIS AND FISCAL STUDY
- 1994
Brad Buller, City Planner, suggested that the Commission skip to the Public
Comments section on the agenda and move Item E to be considered in connection
with Item F.
Chairman Barker agreed to that action.
, , , ,
PUBLIC COMMENTS
Rick Spurlock, Daum Commercial Real Estate Services, 10300 4th Street, Suite
240, Rancho Cucamonga, stated that he represents Greg Sakissian of Quality
Development, the owner of Arrow Plaza at the southeast corner of Arrow and
Archibald. He requested that the Planning Commission include a study of the
parking requirements for barber shops and beauty shops on the September 14
agenda. He felt the issue would provide a benefit for all commercial owners
by providing additional space availability to other ~arber shops and beauty
shops that would otherwise not be allowed to occupy a space because of the
strict parking requirements. He said that current parking requirements are
based upon the number of chairs; i.e. two parking spaces per chair for a
barber shop and three spaces per chair for a beauty salon. He commented the
beauty salon standards are based on one person in the chair for cutting, one
being washed, and one waiting and barber shop standards are based on one being
cut and one waiting. He felt such conditions do not generally exist because
there are not always people waiting and not all chairs are used at once. Me
thought parking should be based on general retail parking; i.e., one space per
250 square feet. He stated they had surveyed some nearby cities and
determined that they base their requirements on square footage. He requested
that the Commission direct staff to investigate the matter and make the
changes.
Brad Buller, City Planner, stated that he he had spoken with Mr. Spurlock, Mr.
Sakissian, and the prospective barber tenant. He said there is not sufficient
parking for the barber to be in the center and they asked whether a parking
variance could be granted. He stated he had advised them of several different
options to consider, including an amendment to the Development Code. He
indicated he had explained that amendments to the Development Code can only be
initiated by the Commission. He said the matter could be placed on the
agenda, at which time the Commission could direct staff to initiate an
amendment or agree that an amendment may be worthy of initiation and direct
staff to proceed upon receipt of an application and filing fee. He commented
the applicant was requesting that the City initiate the amendment so they
would not have to bear the cost for an amendment which they believe could
affect general City standards of parking. He reported the fee for a
Development Code Amendment is $2,866. He said they had provided copies of
codes from Rialto, Ontario, and Fontana which indicate parking requirements
Planning Commission Minutes -14- August 24, 1994
for barber shops and beauty salons are one space per 250 square feet, which is
the parking ratio for retail space.
Chairman Barker asked if any other concerns had been expressed about this
requirement.
Mr. Bullet replied that a study was conducted for the City for shopping
centers in 1993 and amendments were made to the Development Code. He said
staff believes that the parking ratio of two spaces per chair is very
reasonable and is the common practice for such shops. He indicated staff has
not yet called the cities which use one space per 250 square feet to see if
they have experienced problems with that ratio. He said typically such shops
occupy small spaces and can easily be cushioned and absorbed into a larger
center, but some of the beauty salons are getting rather large and can impact
the parking in centers.
Mr. Spurlock said they had encountered a similar problem in the Alta Loma
Court, where they lease to a small shop with five chairs which equates to 15
parking spaces and makes it difficult for the owner to allocate more parking
for other tenants. He said he may even have to leave some space vacant in
order to absorb the parking the beauty salon took over. He stated that 50 to
60 percent of that salon's clientele' is coming from 'the retirement housing
which is directly behind the center. He reported they are two parking spaces
short at Arrow Plaza. He offered to prepare an independent study of the
parking at Arrow Plaza to try to get a variance.
Commissioner Melcher was dismayed it would take a $2,866 amendment to put a
barber shop in the City. He thought that our parking standards are designed
to accommodate the day after Thanksgiving and the day after Christmas. He
noted the Commission had recently granted a variance for a much higher
percentage to save four historic structures on Foothill Boulevard. He felt
there should be an easier way to overlook these two spaces.
Chairman Barker also felt there should be an easier way to address the problem
rather than to amend the Development Code.
Mr. Spurlock said their tenants have indicated they would be willing to park
off-site, as there is street parking on two sides of the property. He also
said the Chino Water District has vacated the property directly behind the
Community Center and he thought perhaps they could park there. He stated they
want three chairs but there will be two full-time barbers with perhaps a third
barber working part time.
Commissioner Tolstoy stated he was not familiar with the center, but he did
not favor changing the parking regulations because there is a parking problem
in many of the centers that he does frequent. He said if an arrangement were
made for this center, it would also affect other centers where it' may not work
out.
Chairman Barker noted that the Commission was being asked to change something
for the total City in order to address a need which is recognized in one
center and perhaps another.
Planning Commission Minutes -15- August 24, 1994
Commissioner Tolstoy wished there was a way to take care of the situation
without spending staff time on a complete amendment. He asked if the City
Planner had any suggestions.
Mr. Buller indicated that two recommendations were given to the applicant
which could be simpler than a Development Code amendment: one was to lease
1,000 square feet to establish the barber shop with two chairs which would be
the parking requirement equivalent to 4 parking spaces; two for each chair
(also one for every 250 square feet). He commented that based upon his
conversation with the barber, the third chair was an option. He said there
may also be space on the site for additional parking, but it would require
removal of some landscaping and perhaps a variance to minimize the
landscaping.
Commissioner Tolstoy did not want any landscaping removed.
want a lot of staff time spent on it.
He also did not
Commissioner Melcher asked if the City Planner could not grant an exception.
Mr. Buller replied that the City Planner has the option of allowing shared
parking with a parking study.
Dan Coleman, Principal Planner, said the City Planner could also grant a minor
exception to permit a 10 percent reduction in parking requirements for the
entire center but it would set a precedent.
Mr. Buller stated that he would need to make the same findings for a minor
exception as for a variance and would have to determine there are unique
conditions or circumstances for the property.
Mr. Spurlock felt they are unique because they are not an anchored center and
they do not have a video store which is a heavy parking user.
Commissioner Melcher stated he has been a customer of the center for many
months and has gone to the shopping center at different times of day on
different days of the week and has never had any parking problems.
Chairman Barker acknowledged there is a tremendous hesitancy to enter into all
of the work to modify the total parking code unless the code is not working on
a City wide basis. He feared the request is to tinker with the code in order
to take care of one specific problem.
Mr. Spurlock felt the change would affect more than this one center.
Chairman Barker stated a total need of changing the status quo would have to
be established before the City would undertake such a project. He thought the
Commissioners were trying to find another way to solve the problem at this
center.
Mr. Spurlock said he had tried to get the owner to approach the problem in
another way, but Mr. Sakissian felt this method should be used.
Planning Commission Minutes -16- August 24, 1994
Mr. Buller suggested that perhaps other commercial center owners or managers
could join in collectively filing an application thereby lowering the fee for
the individual owners.
Chairman Barker suggested that Mr. Spurlock find out if it is a major problem
or merely a problem for his particular client. He agreed that if it is a
major City wide problem, it is well worth fixing. He agreed with Commissioner
Melcher that there is not generally a problem finding a parking space in
centers in the City but said he also did not want to create problems.
Mr. Buller suggested the item could be brought back at the next meeting after
Mr. Spurlock submits more data.
Mr. Spurlock felt he could have two other property owners join in the
application.
E. SCOPE OF SERVICES FOR COMMERCIAL LAND USE MARKET ANALYSIS AND FISCAL STUDY
- 1994
COMMISSION BUSINESS
F. DISCUSSION OF FISCAL YEAR 1994/95 PLANNING DIVISION WORK PROGRAM
Brad Buller, City Planner, distributed a scope of services for initial
discussion on a Commercial Land Use Market Analysis and Fiscal Study to follow
up on the Commission's request to the City Manager regarding the possibility
of funding a study on the commercial land use base present in the City and
what it would mean for future actions by the City. He also distributed a
summary of the current Planning staff resources and a revised work program
reflecting the reassignment of one of the staff members and the resignation of
another. He requested that the Commissioners review the scope of services to
be sure it reflects the Commission's concerns. He said that once staff has
the Commission's comments and concurrence on the scope of services, staff
would determine the estimated costs for the study, be sure that funds are
available, determine if the scope has to be modified in order to reduce the
cost for the scope. He said the next steps would be to go out with a Request
for Qualifications, hire a consultant, and get the work done as soon as
possible.
Chairman Barker said there is a tendency during budget constraints to try to
continue to do everything, even if not quite as well. He did not think that
is a good idea because it does not give good answers. He suggested that it
would be better to curtail the number of things being requested and have those
items be fully addressed.
Commissioner Tolstoy agreed.
Commissioner Melcher suggested defining what they feel they need, getting an
estimate on that cost, and doing their best to get that much allocated. He
said that if not enough money is available, then they could consider what
Planning Commission Minutes -17- August 24, 1994
should be deleted. He felt the Commission's concern is primarily with
retail. Because Office/Professional activities do not carry the fiscal
incentives for the City Council that retail does, he thought the City Council
may not be as anxious to grant additional Office/Professional designations and
he was not sure the study should be expanded to those areas. He also thought
the language was very nebulous and should have some very hard hitting
questions which are very number oriented; i.e., How much land do we have? How
much land should we have? How much land will we have under the current
plan? How much land should we plan for? How should the lands be
distributed? He felt the scope is too general.
Commissioner Tolstoy felt it would be beneficial to have a workshop to go over
the scope of services so that all Commissioners have a common understanding.
Chairman Barker thought the scope had been written by several' authors.
agreed the Commissioh needs to sit down and discuss it.
He
Mr. Buller suggested it be placed on the September 14 agenda for further
Commission discussion. He felt it is important that the questions are
clarified in the minds of the Commissioners. He thought the study should
present facts and give parameters upon which to determine how much Commercial
land should be, rather than asking a consultant go make such a policy
decision. He felt the study should indicate what would happen under certain
scenarios.
Commissioner Melcher agreed that would be fine if enough information is
presented so that rational decisions can be made. He was not sure that the
outlined scope of services would develop enough information.
Mr. Buller suggested that at the September 14 meeting the Commissioners could
outline more specific questions they want addressed within the scope of
services. Mr. Buller suggested that the Commissioners may wish to review the
Work Program and stated he would be glad to answer specific questions or work
one-on-one with the Commissioners.
Commissioner Melcher stated he would prefer to discuss the program one-on-one.
, , , , ,
Commissioner Melcher announced that all of the professional organizations that
deal with the built environment are putting on a Vintages & Vinegar awards
program highlighting the good and bad in the area. He distributed invitations
and encouraged the Commissioners and staff to attend.
Brad Buller, City Planner, remarked that the American Planning Association was
presenting a Planning Commissioners Workshop on Saturday, October 1. He asked
the Commissioners to advise staff if they would like to attend.
Commissioner Melcher and Chairman Barker expressed an interest in attending.
Planning Commission Minutes -18- August 24, 1994
*****
ADJOURNMENT
Motion: Moved by Tolstoy, seconded by Melcher, carried 3-0-2 with.Lumpp and
McNiel absent, to adjourn.
10:17 p.m. - The Planning Commission adjourned.
Respectfully submitted,
Brad Bull~r
Secretary
Planning Commission Minutes -19- August 24, 1994