HomeMy WebLinkAbout1994/07/27 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
July 27, 1994
Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga
Planning Commission to order at 7:10 p.m. The meeting was held in the Council
Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho
Cucamonga, California.
ROLL CALL
COMMISSIONERS:
PRESENT:
David Barker, Heinz Lumpp, Larry McNiel,
John Melcher, Peter Tolstoy
ABSENT: None
STAFF PRESENT:
Brad Buller, City Planner; Dan Coleman, Principal
Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy
City Attorney; Dan James, Senior Civil Engineer; Beverly
Luttrell, Associate Planner; Scott Murphy, Associate
Planner; Gail Sanchez, Planning Commission Secretary
ANNOUNCEMENTS
Brad Buller, City Planner, announced that the Commissioners had in front of
them a written update on the Regional Comprehensive Plan and a report on the
status of the Housing Element.
APPROVAL OF MINUTES
Motion: Moved by Lumpp, seconded by McNiel, carried 5-0, to adopt the Minutes
of June 22, 1994.
Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to adopt the
Minutes of July 13, 1994, as amended.
PUBLIC HEARINGS
VARIANCE 94-04 - CAMPOS - A request to reduce the required number of
parking spaces, to reduce the required rear yard setback from 15 feet to 0
feet, and to reduce the required side yard landscape setback from 5 feet
to 0 feet in conjunction with the development of 5 parcels in the
Specialty Commercial Designation (Subarea 3) of the Foothill Boulevard
Specific Plan, located on the north side of Foothill Boulevard between
Archibald and Klusman Avenues, APN: 208-153-08, 09, 10, 11, and 23.
Brad Buller, City Planner, stated staff had received a request from the
applicant that the matter be continued until August 10, 1994.
Chairman Barker affirmed that the public hearing remained open from the
previous meeting. He waived presentation of the staff report and asked if
there were any public comments at this time.
Nadene Eshelman, P. O. Box 967, Pauma Valley, stated she owns the adjacent gas
station. She expressed concerns about ingress and egress and whether her
property would still have adequate circulation maintained.
Chairman Barker stated that staff could review the proposal with her and help
her to prepare written comments if she were not able to attend the August 10
meeting.
Commissioner Lumpp asked if Ms. Eshelman would be interested in landmark
designation for the gas station.
Ms. Eshelman replied she was not sure of the advantages and disadvantages of
such a designation.
Commissioner Lumpp felt that historic designation might provide better
opportunity for through circulation.
Ms. Eshelman stated she also owns the lot behind the florist shop and needs to
maintain access for parking in that area.
Chairman Barker requested that staff provide information regarding historical
designation.
Motion: Moved by McNiel, seconded by Lumpp, to continue Variance 94-04 to
August 10, 1994, at the request of the applicant. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-46 - FLORES - A
request to construct a gas station and mini-mart on a 0.63 acre parcel of
land in the Community Commercial designation of the Foothill Boulevard
Specific Plan, located at the southeast corner of Foothill Boulevard and
Vineyard Avenue - APN: 208-192-06.
Scott Murphy, Associate Planner, presented the staff report.
Chairman Barker opened the public hearing.
Wesley, Okamoto, Architect, 15675 Altamira Drive, Chino Hills, stated he
represented the applicant.
Planning Commission Minutes -2- July 27, 1994
Commissioner Tolstoy asked if arrangements had been made with In-N-Out Burger
to achieve a driveway on Foothill Boulevard.
Mr. Okamoto stated the location of the driveway was established by the minimum
distance from Foothill Boulevard at the time of the previous application and
the south truck access from Vineyard Boulevard had been maintained.
Commissioner Melcher stated there is currently a driveway from Foothill
Boulevard to In-N-Out which will be closed as part of this project and
In-N-Out will then take access through a new driveway on this parcel.
Mr. Murphy stated that In-N-Out Burger had been heavily involved at the time
of processing the previous application and had approved the driveway location
at that time. He noted that conditions of approval require approval from
In-N-Out regarding the driveway reconstruction. He said the alleyway access
to the south is a recorded easement. He indicated the driveway and
circulation pattern and dimensions are the same as the previously approved
application which In-N-Out had approved.
Commissioner McNiel thought there had been discussions at the Design Review
Committee meeting regarding moving the water and air services closer to
Foothill Boulevard.
Dan Coleman, Principal Planner, commented that the Design Review Committee had
ultimately decided to redesign the space and shape but not to relocate it.
Chairman Barker closed the public hearing.
Commissioner Melcher noted the pattern of paving and tree planting at the
corner which is established as a result of requirements of the Foothill
Boulevard Specific Plan. He commented that the requirement had been waived on
the Thomas Winery corner because of the historic nature of the structures. He
questioned what would be required when the Klusman house property on the
southwest corner is developed. He thought the treatment being applied to this
corner should also be applied to the southwest corner and the northwest corner
so that only the northeast corner would be different.
Brad Buller, City Planner, replied that the issue first arose when the Thomas
Winery project was proposed. He said the Smith's project was approved with a
modified version of what is required under the Foothill Boulevard Specific
Plan. He noted that the preliminary application reviewed for the southwest
corner proposed moving the buildings close to the intersection with a
pedestrian connection into the project, which is more consistent with this
current application. He said that under the Foothill Boulevard Specific Plan,
it is staff's intent to encourage any proposed development for the southwest
corner to be more closely related to the urban streetscape of this project.
He recalled that when the decision was made to depart from the plan to allow a
more open view of the historic winery, it was a conscious decision that the
north side would be different from the south side. He said the Smith's
project was approved with two buildings with a landscape and fountain area on
the corner.
Planning Commission Minutes -3- July 27, 1994
Commissioner Melcher recalled the Smith's concept and said his concern was
more with what is being done in the public right of way. He thought the
repetition of the landscape process on the corners would make the developments
appear more as activity centers in contrast to the rest of the street. He
felt it is important that that theme be carried to the three corners other
than the Thomas Winery corner.
Mr. Buller stated that the approved Smith's project is also different from
this application.
Commissioner Melcher opposed the self-closing pedestrian door for the trash
enclosure because he felt it would enhance the ability for people to lurk in
the enclosure. He felt there should be no door to the pedestrian entrance.
Chairman Barker asked if the logic behind the door is to keep in trash or to
make the area more secure.
Commissioner Melcher supported the circuitous path because it screens
unpleasant views but he felt doors invite improper use of the space. He
thought there also might be a practical problem of opening a self-closing door
when carrying trash.
Commissioner McNiel stated trash enclosures have always been a security
problem. He recalled the objective of the self-closing door was to contain
the trash. He thought Commissioner Melcher's point was well taken but he
disagreed. He felt an enclosure with a self-closing door would be no less
safe than one with only a circuitous route.
Chairman Barker noted that doors were initially introduced to keep trash
inside but Commissioner Melcher was concerned that a door may create an
attractive space for a homeless person. He thought a door may also inhibit
someone from staying there.
Commissioner Tolstoy saw advantages of both arguments. He suggested leaving a
door.
Commissioner Lumpp stated the trash enclosure has become a building block of
different things to hide the trash. He felt the initial concept was to
provide an enclosure with a convenience for people to dump trash without
having to open the main doors. He was concerned that a self-closing door may
create a problem. He saw no benefit of a self-closing door and stated he had
not seen problems with trash blowing out of the enclosures.
Commissioner Melcher stated he had not been aware that the requirement has
existed in the past. He asked if any have already been constructed so that he
could view one.
Mr. Buller said there were probably no examples where such a trash enclosure
has been constructed. He suggested the Commission may wish to delete that
portion of the condition. He said staff had not meant it to be a latching
door, merely a spring-hinged door which could swing in. He said staff has not
found a lot of trash blowing out of pedestrian access areas.
Planning Commission Minutes -4- July 27, 1994
Chairman Barker suggested that the matter of a standard trash enclosure detail
be considered separately from the action before the Commission tonight.
Motion: Moved by Melcher, seconded by Lumpp, to issue a Negative Declaration
and adopt the resolution approving Conditional Use Permit 93-46 with deletion
of the requirement for a self-closing door on the pedestrian access to the
trash enclosure. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
Commissioner McNiel agreed that the issue of the door should be further
studied.
It was the consensus of the Commission that the issue should be further
researched.
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 94-07 - ST. CLARE OF
ASSISI EPISCOPAL CHURCH - A request to construct a temporary multi-purpose
building of approximately 3,840 square feet on approximately 5 acres in
the Low Residential District of the Etiwanda Specific Plan, located at the
southeast corner of East and Highland Avenues - APN: 227-071-77.
Beverly Luttrell presented the staff report.
Commissioner Melcher noted that the Design Review Committee had questioned if
it is really necessary to have two points of ingress and egress from East
Avenue and the Fire Department has indicated it would not be necessary if an
L-shaped or hammerhead turnaround arrangement is provided. He questioned if
the driveway and parking lot arrangement proposed for the first phase is
adequate.
Ms. Luttrell stated the Fire Department has not yet reviewed the proposal with
the northerly driveway deleted and they would be sure it meets their
requirements. She said they had indicated at the Technical Review Committee
meeting that they were not opposed so long as the driveway meets their
requirements.
Commissioner Melcher hoped a hammerhead turn would not force an unnecessary
expansion of the parking lot.
Ms. Luttrell said it was her understanding that the aisles do not need to be
wider.
Commissioner Melcher questioned if Engineering Condition 3g, requiring
construction of a reduced radius turn-around at the south property line, could
be deferred until the future development of the vacant lot which is part of
the project to the south. He felt it is an unfair burden to place it on the
church.
Planning Commission Minutes -5- July 27, 1994
Dan Coleman, Principal Planner, stated the condition is consistent with past
Commission practice where stub streets have been closed off by a proposed
development. He said the Commission has always required the developer whose
development calls for elimination of the through street to provide the
finishing work to such stub streets. He said the street had initially been
intended to extend to the north, but the church plans calls for closing off
the street.
Commissioner Melcher said he understood, but he felt the stub street had been
put in as a convenience for the developer to the south. He thought in the
future, when someone is given approval for a stub street, they should post a
deposit to construct a terminus to the street if development other than what
is anticipated actually takes place and the street becomes a dead end.
Commissioner Tolstoy stated that many times it is not known if a street will
be continued or if it will become a modified cul-de-sac.
Commissioner Melcher said he understood and that's why he thought a bond or a
refundable deposit should be provided if future development does not require
the connection in order to avoid placing a burden on a future adjacent
developer.
Commissioner McNiel felt it would not be feasible to apply deposits to cover
such possible contingencies. He felt that developers of adjacent properties
know what the conditions are at the time they propose their development.
Chairman Barker opened the public hearing.
The Reverend Elizabeth Habecker, Vicar of St. Clare of Assisi Church, 6563
East Avenue, Rancho Cucamonga, stated the church members are happy their
property is an historic landmark and they intend to proceed cautiously in the
development of the property in order to retain the historic appearance. She
said they plan to do replacement planting of citrus trees when needed and that
would be most of the landscaping in the first phase of development around the
parking lot. She said that CalTrans has promised to designate a committee to
work with them as the freeway plans progress. She requested deferring the
sidewalks, curbs, gutters, street lights, and street trees along East Avenue
until CalTrans has determined what changes there will be to East Avenue and
the corner of Highland and East. She suggested those issues could be
addressed at the time of permanent development on the property so that such
improvements would not be ripped out when CalTrans changes East Avenue. She
asked that the decorative pavement at the entrance to the driveway be delayed
until East Avenue is fully constructed for the freeway. She asked if the
drainage assessment fee could be delayed until permanent development rather
than being paid now since the current proposed development is only temporary.
Commissioner Melcher stated it was his understanding that Engineering
Condition No. 3 does not commit the church to any expense at this time, but
only a guarantee that certain things will be done at the time of future
development.
Dan James, Senior Civil Engineer, responded that was correct.
Planning Commission Minutes -6- July 27, 1994
Commissioner Melcher asked how that would relate to the requirements for
improvements along East Avenue.
Mr. James replied that the improvement requirements along East Avenue apply
only to the area between the south property line and the driveway, which is
approximately 85 feet. He said the development to the south has already
improved East Avenue including curb and gutter, street lights, and
landscaping. He indicated staff feels the request is reasonable because the
driveway is shown on the church's master plan as a master plan location and
that area is over 600 feet away from the Highland and East intersection and
the currently proposed elevation change is 10 feet which should allow room to
make up the grade differential or a potential realignment. He said if a
street light is needed, it would only be one.
Commissioner Melcher asked if the applicant understood the requirements only
currently apply to the 85-foot frontage at the southern end of their property.
The Reverend Habecker indicated she understood. She said the people at
CalTrans have indicated they are not as certain about the proposed
elevations. She said CalTrans also has made a commitment to protect the
house, and has indicated the centerline of East Avenue may be moved to the
west if necessary. She observed that CalTrans deliberations start at the
church's southern property line.
Commissioner McNiel asked if CalTrans had indicated any timeframe for making
its decision.
The Reverend Habecker replied it had not. She said the church was now
requesting the temporary building for that reason.
Commissioner McNiel felt that any improvements installed may be considered
permanent because of the length of the process with CalTrans.
The Reverend Habecker said the church has made a very permanent dedication to
preserving the property. She said a number of neighbors have stopped by to
comment that they are glad the church plans to retain the orchard. She said
that what it will eventually look like remains to some extent in the hands of
CalTrans. She commented they hope to one day have an outdoor museum.
Jerry Linton, Citation Homes, 15101 Red Hill Avenue, #100, Tustin, stated they
own the adjacent development on the south and the east sides. He said they do
not oppose the development but they have serious concerns about the standards
of design being proposed on an interim basis for the church. He said the
proposed building has a compo roof and does not have architectural features
consistent with the Etiwanda Specific Plan. He objected to the gravel parking
lot. He thought the design of the development places the negative aspects of
the site layout adjacent to the Citation Homes property. He thought it will
make it difficult for Citation Homes to sell homes adjacent to the church. He
said the Commission placed strict design standards on their property to make
them consistent with the Etiwanda Specific Plan. He thought the homebuyers
were not being treated fairly if the church is allowed to construct a building
which is not up to those standards even though it is proposed for an interim
Planning Commission Minutes -7- July 27, 1994
basis. He felt the interim basis may be for many years and he did not feel
the City would force the church to remove the building at the end of the
maximum 5-year period. He asked that the church be required to comply with
the same standards the rest of the neighborhood has to comply with. He asked
the Commission to consider the impact of the interim standards on the
surrounding development.
The Reverend Habecker stated the color, siding, roof, and design of the
building were chosen to be compatible with the historic farm house. She said
it was their attention not to be unusually situated in the neighborhood so as
to draw attention, but rather to have the same appearance, color, and
materials as the farmhouse.
Mr. Linton stated the area was designated in the General Plan as Low
Residential with the Etiwanda Specific Plan overlay with its exacting
standards. He felt there is a total disregard for applying the Etiwanda
Specific Plan standards because the facility is only temporary. He said
Citation Homes is particularly bothered by the architecture and the gravel
parking lot.
Hearing no further testimony, Chairman Barker closed the public hearing. He
asked for clarification on the drainage assessment issue.
Mr. James stated that City Council ordinance requires that drainage fees be
paid at the time of building permit issuance and does not distinguish between
temporary and permanent improvements.
Chairman Barker stated the applicant had requested a deferment of changes on
East Avenue and the decorative paving at the driveway and Mr. Linton had
raised concerns about the design not complying with the Etiwanda Specific Plan
including the gravel driveway.
Commissioner McNiel saw no reason the improvements along East Avenue and the
decorative paving should not be done because he felt it will be a long time
before the freeway is constructed. He indicated he appreciated Mr. Linton°s
concerns but he said churches generally start out with small congregations and
the City has set precedent with relaxing some terms with respect to churches
to allow them to establish themselves in the community. He said he had been
on the Design Review Committee at the time this project was reviewed and it
was felt this is an interim facility and standards could be relaxed. He fully
anticipated that if the five years should elapse, the City would require that
the interim facility be removed.
Commissioner Melcher felt there are interim facilities on other church
properties which have existed for more than five years. He asked why
Commissioner McNiel was making a commitment that this church would be forced
to remove the structure at the end of the five years.
Commissioner McNiel responded that the City has pursued other organizations
which have reached the end of their five-year period for temporary
facilities. He felt it is fair to give the church an opportunity to have the
temporary facility and he thought it also fair to point out that there is a
five-year maximum time for temporary facilities.
Planning Commission Minutes -8- July 27, 1994
Commissioner Melcher said he had a problem with Commissioner McNiel's position
that no extensions would be allowed past the five years when other facilities
have been allowed past the five-year period.
Commissioner Tolstoy supported the requirements stated by staff.
Commissioner Lumpp supported the conditions of approval as proposed by
staff. He expressed concern about the gravel parking lot. He said the first
phase appears to be laid out to tie in to the ultimate master plan design and
he felt the parking lot should have a permanent surface rather than gravel.
He said he appreciated Mr. Linton's comments with regard to the standards of
the Etiwanda Specific Plan but he felt the interim building has made an
attempt to coordinate with the existing historical building in that the
materials are very similar to.the existing building. He said other temporary
structures are generally of a lesser quality than that being proposed.
Commissioner Melcher stated his only concern was with Engineering Condition
No. 3g regarding construction of the reduced radius turn-around and he hoped
the Commission could visit that issue independent of an application at some
point in the near future. He supported the application as submitted with
respect to the architecture and paving materials.
Commissioner McNiel stated he belongs to a church which had a gravel parking
lot for two years. He did not object to the gravel parking lot.
Commissioner Tolstoy supported the gravel parking lot.
Motion: Moved by Melcher, seconded by McNiel, to issue a Negative Declaration
and adopt the resolution approving Conditional Use Permit 94-07. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-49 - WESTERN LAND
PROPERTIES - The development of an integrated shopping center consisting
of 15 buildings totaling 222,605 square feet on 25 acres of land in the
Community Commercial District of the Terra Vista Community Plan, located
on the north side of Foothill Boulevard, between Spruce and Elm Avenues -
APN: 1077-421-58 and 63.
Nancy Fong, Senior Planner, presented the staff report.
Commissioner Tolstoy recalled there had been a suggestion that there should be
pedestrian egress from the Montgomery Wards Tire and Batter Center to this
site.
Ms. Fong responded that the matter had been mentioned at the last Planning
Commission workshop and the conditions call for further Commission review and
Planning Commission Minutes -9- July 27, 1994
approval of the master plan prior to approval of design review for the next
building.
Brad Buller, City Planner, stated staff had understood the Commission to say
that the connections from Terra Vista Town Center to this project should be
further analyzed. He said that Commissioner Melcher had suggested the
Commission look at both sides of the street now that this project has been
proposed. He said staff felt that issue should be addressed in the master
plan.
Commissioner Tolstoy questioned if the Commission could then be assured that
there will be a modification to the pedestrian path if it approves Conditional
Use Permit 93-49.
Mr. Buller responded that was correct and that the Commission would be
approving the Best Buy building and the rest of the center with the west side
definitely returning to the Commission.
Commissioner McNiel felt it would be better to state that the Commission would
further consider the west side with a potential for modification.
Commissioner Tolstoy stated that the west side was the only portion of the
project that he feels uncomfortable about.
Commissioner Melcher commented that it is important that such reconsideration
should occur right away because the east-west on-site street is to be
constructed as part of the Best Buy construction and he still had serious
concerns with how it intersects with the first on-site north-south street. He
felt it should be clear the matter should be reconsidered by the Commission
prior to the start of construction of site improvements.
Mr. Buller stated that he heard the Commission's concerns and staff's
interpretation was that if construction begins, it still would not guarantee
that it would be the ultimate layout.
Commissioner Melcher felt the decision would be cast in concrete once
construction begins on the improvements.
Richard Mager, Western Development Limited, 1156 North Mountain, Upland,
stated the project architect, landscape architect, and other professionals
were available to answer questions. He stated he had several concerns with
the resolution that he would like to have entered into the record and possibly
obtain the Commission's agreement that they could deal with staff to resolve
those issues. He said it was his understanding that they had not agreed to
corner quoining on Building 9 nor the addition of pre-cast concrete molding
framing on the edge of the future sign. He said their architect and staff had
already agreed on the architectural elements on the most westerly side and
that further modifications would not be necessary to that elevation. He
requested deletion of Planning Condition 8, calling for additional
architectural elements to the main entry of Building 9. He also requested
Planning Condition 11 be changed to require that hardscape and landscape
design be approved by the City Planner prior to issuance of the Certificate of
Planning Commission Minutes -10- July 27, 1994
Occupancy rather than prior to issuance of building permits. He stated that
on the west side of Spruce the sidewalk easement is 8 feet and he requested
that Engineering Condition 5 be amended to require a sidewalk easement of 8
feet rather than 12 feet so that it would be consistent. Mr. Mager felt it
was inappropriate to require dedication of a future southbound right-turn lane
on the west side of Spruce Avenue with development on this property as that
property is part of the Terra Vista Town Center, not part of this project.
Chairman Barker suggested that staff respond to the points raised by Mr.
Mager.
Ms. Fong stated that at the July 13 workshop the Commission had indicated they
would like further entry refinement. She noted that Planning Commission No. 8
was generic in looking for those further refinements, She observed that
hardscape and landscape in front of Building 9 would have to be completed
prior to the issuance of Certificate of Occupancy.
Mr. Buller stated he would support the applicant's proposed modification to
call for City Planner approval of the final design of the hardscape and
landscape in front of Building 9 prior to the issuance of the Certificate of
Occupancy. He said he understood the applicant's concerns regarding the
timing of pulling building permits and he felt it is in the applicant's best
interest to resolve the design issues as soon as possible so that the
hardscape and landscaping could be installed prior to occupancy.
Mr. James concurred that there is an 8-foot easement along the first 200-300
feet west of Spruce. He stated that occurred because the original development
had been conditioned with a standard street right-of-way but it was determined
during the design process that the throat of Spruce Street should be widened
to provide for adequate left-turn movements. He said that because development
was already underway at that time, the City did not feel there was an
opportunity to acquire more right-of-way. He stated the City is now trying to
obtain the standard 12-foot right-of-way on the east side of Spruce. He said
that when Terra Vista Town Center was approved staff had not foreseen the need
for a right-turn lane on the west side of Spruce and staff now feels there is
a need for a right-turn lane. He commented that even though this development
will generate more traffic, staff is requesting dedication only of the right-
turn lane and not requiring construction of the lane until further
development.
Commissioner Melcher asked what future development would trigger the need for
the right-turn lane at the northwest corner of Spruce and Foothill.
Mr. James responded that it is Engineering's intent to impose the condition at
the time of future development, perhaps at the southwest corner of Spruce and
Church.
Mr. Mager reiterated his request for deletion of Planning Condition 8, calling
for additional architectural elements to be added to the main entry of
Building 9. He stated they feel the building is attractive as proposed and he
requested the building elevation be approved or rejected. He asked that the
width of the sidewalk easement be studied at a later point in time when the
Planning Commission Minutes -11- July 27, 1994
pedestrian linkage between this project and Terra Vista Town Center is
considered because the 12-foot parkway would potentially cut into the parking
area they had designed on the new project. He still did not see any linkage
between this project and the request to dedicate property on the west side of
Spruce for a future right-turn lane. He felt the requirement would be more
appropriate when Building N at the northwest corner of Terra Vista Town
Center.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Lumpp thought the additional architectural elements requested for
the front elevations referred to the balance of the center, rather than
Building 9. He thought the Commission had expressed satisfaction with the
elevations for Building 9.
Commissioner McNiel stated he recalled discussions regarding further
enhancements to the building entry but he stated he was willing to now delete
Planning Condition 8.
Commissioner Tolstoy recalled that future refinements to the elevations were
discussed and both sides had expressed a willingness to have the details
worked out with the City Planner.
Commissioner Melcher commented that the developer had already built Terra
Vista Town Center, the premier shopping center in the City, and was now being
conditioned to deliver another center consistent with that center. He stated
that he was satisfied in looking at the elevations.
Commissioner Lumpp recalled there had been discussions regarding modifying the
entryway and the architect had made a presentation regarding the proposed
entry which he thought had satisfied the Commission in relation to Building
9. He thought the Commission had indicated the balance of the center would
have to return through the Design Review process.
Commissioner Melcher concurred that the Commission had pretty much signed off
on Building 9.
Commissioner Lumpp agreed to changing the verbiage of Planning Commission 11
to require the City Planner's approval of the hardscape and landscape along
the Building 9 frontage prior to the issuance of the Certificate of
Occupancy.
It was the consensus of the Commission that such verbiage was acceptable.
Commissioner Lumpp asked staff's reasoning for requiring a 12-foot sidewalk
easement.
Mr. James stated that 12 feet is the standard and that where the easement is
only 8 feet, the distance between the sidewalk and the curb is only about
3-1/2 feet which creates problems where street trees are planted.
Planning Commission Minutes -12- July 27, 1994
Chairman Barker noted that Mr. Mager had requested the matter be considered at
the time the pedestrian access is considered.
Mr. James said that would be acceptable.
Commissioner Tolstoy expressed a willingness to leave the requirement at 12
feet with the potential for modifying the requirement after the discussions on
pedestrian circulation.
Commissioner McNiel noted that the easement on the west side of Spruce Street
is because the street had to be widened after the site plan had been
approved. He felt the 12-foot standard should be maintained.
Commissioner Melcher agreed with Commissioner Tolstoy that the requirement
should remain at 12 feet with the potential for reducing it to 8 feet if the
developer is able to convince the Engineering staff and the Commission that
the reduced parkway is sufficient.
Commissioner Lumpp agreed that was a reasonable approach. He said he
understood that it was Engineering's intent to require the dedication of a
future southbound right-turn lane on the west side of Spruce but the lane
would not be constructed until future construction on the west side of Spruce.
Mr. James said the right-turn lane will be needed upon ultimate build-out of
the Terra Vista planned community.
Commissioner Lumpp questioned why the dedication would not be required at that
time.
Mr. James said that would be possible and the condition requiring dedication
was primarily a way of notifying the Commission that there will be a future
requirement.
Commissioner Lumpp supported the deletion of the condition.
Commissioner McNiel agreed with staff and felt leaving the condition in place
would establish a paper trail.
Commissioner Tolstoy agreed with Commissioner McNiel.
Commissioner Melcher stated it would be impossible to impose the condition if
the property were owned by a different developer. He therefore felt the
condition should be deleted. He thought it would be possible to get the
dedication at the time of development on the southeast corner of Spruce Avenue
and Town Center Drive.
Chairman Barker asked Mr. Mager if he was aware that the dedication will be
requested in the future.
Mr. Mager stated the applicant had appeared before the Commission a year ago
to sell off a portion of the site to General Mills to construct an Olive
Garden Restaurant at the northeast corner of Spruce and Foothill. He thought
Planning Commission Minutes -13- July 27, 1994
that at no time during the discussions regarding the Olive Garden Restaurant
had there been any such condition discussed. He said so far as he was aware,
this was the first time they were being made aware of such a future
condition. He noted that Terra Vista Town Center and this development are
owned by two different entities, even though they are both related to Lewis
Homes. He felt the appropriate time to deal with the matter would be when the
owner of Terra Vista Town Center proposes development of the northwest corner
of the center.
Mr. James agreed that the potential condition for the southbound right-turn
lane had not been brought up until the technical review comments on this
project had been forwarded to the applicant.
Chairman Barker asked if Mr.. Mager was now aware that future development on
the Terra Vista Town Center site will trigger such a condition.
Mr. Mager affirmed that he was.
Chairman Barker again closed the public hearing. He said he was not
comfortable with the condition being tied to this project. He felt the
minutes would provide a sufficient paper trail.
Motion: Moved by Melcher, seconded by Lumpp, to issue a Negative Declaration
and adopt the resolution approving Conditional Use Permit 93-49 with
modifications to delete Planning Condition No. 8 and Engineering Condition
No. 7 and require City Planner approval of the hardscape and landscape along
Building 9 frontage prior to the issuance of the Certificate of Occupancy.
Commissioner Lumpp requested that the traffic study required in Engineering
Condition No. 8 look at the traffic circulation as it relates to the master
plan including the west side of Spruce.
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
'COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
The Planning Commission recessed from 9:10 p.m. to 9:25 p.m.
ENTERTAINMENT PERMIT 93-03 - FINAL SCORE - A request to conduct
entertainment consisting of live bands, disc jockey, and dancing in
conjunction with a restaurant and bar, in the Community Commercial
District within Subarea 1 of the Foothill Boulevard Specific Plan, located
at 8411 Foothill Boulevard - APN: 207-571-75.
Brad Buller, City Planner, stated that he had placed before the Commission and
given to the applicant a copy of the minutes from the City Council Meeting of
Planning Commission Minutes -14- July 27, 1994
May 4, 1994. He observed that following discussions on Sam's Place and Babe's
Club 66, Mayor Pro Tem Buquet had suggested that anytime there is a sale of
alcohol at a business or an entertainment permit, the matter should go before
the full City Council for approval. He noted that Council Member Gutierrez
had concurred with the suggestion. Mr. Buller said he was bringing this to
the attention of the Planning Commission, applicant, and residents to show
that the City Council is seriously concerned about where these uses occur and
any neighborhood concerns. He stated that under current City Codes, the
Planning Commission has the authority to approve, deny, or approve with
conditions the application before them. He suggested that the Commission
might consider taking no formal action and instead referring the matter up to
the City Council with a resolution recommending the Commission's position.
Chairman Barker stated he had read the minutes and he appreciated the concern
of the City Council. He said he also understood Mr. Buller's desire to follow
the direction of the City Council; but that it was his opinion that because no
changes have yet been made to the code, it is currently the obligation of the
Planning Commission to act on the matter. He noted he had also discussed the
matter with the Mayor a few minutes before the meeting when Mr. Stout had
happened by and that the Mayor had been of the same opinion. Chairman Barker
said the Commission would hear the matter. He said that although the
Commission could then either make the decision as they had made such decisions
in the past or simply forward with a recommendation to the City Council, he
believed it was the Planning Commission's duty under current regulations to
fulfill their obligation to hear the matter and make a decision. He said the
matter could always be appealed to the City Council by anyone, including the
City Council.
Commissioner Melcher shared Chairman Barker's opinion and felt the applicant
was entitled to an action by the Planning Commission. He commented he was
entirely amenable to referring the matter up to the Council when and if the
City Code is changed.
Commissioner Tolstoy agreed the Commission should proceed as before.
Commissioner McNiel concurred that the Commission is charged with that
responsibility until the Code is changed.
Commissioner Lumpp concurred.
Nancy Fong, Senior Planner, presented the staff report and indicated that an
additional letter of opposition had been received following preparation of the
staff report and a copy had been given to the Commissioners and the applicant.
Commissioner Lumpp asked if there had been any problems related to police
activity when the business operated as The Cub.
Ms. Fong responded that she had not asked the Police to go back that far for
records.
Commissioner Melcher observed that Paragraph 3.a of the resolution states that
the Commission finds "That the conduct of the establishment or the granting of
Planning Commission Minutes -15- July 27, 1994
the application would not be contrary to the public health, safety, morals, or
welfare." He reported that Ms. Fong had stated that language is directly out
of the Entertainment Permit.
Chairman Barker opened the public hearing.
Greg Dorst, attorney, 818 North Mountain Avenue, Upland, introduced Mr. and
Mrs. Rousa, the owners, and their son Garry Rousa, the manager. He said the
Rousas are part of the community and they have 38 years of experience in the
hospitality bar/restaurant business. He presented a letter from the Executive
Director of the Boys & Girls Clubs of the Inland Empire indicating that the
Final Score had donated proceeds and food to the clubs. He said they wish to
work with the neighbors. He stated they have spent a considerable amount of
time going over the problems and they have some solutions. He noted that
staff had also proposed appropriate conditions of approval. He said the main
concerns raised have to do with noise. He acknowledged that staff is correct
that mitigations to contain the noise inside the business will not work if
doors and windows are left open. He said the establishment currently does not
have outside security personnel assigned to the parking lot. He pointed out
the conditions proposed by staff call for parking lot security and he felt
approval of the entertainment permit would make the situation better because
there would be supervision in the parking lot and supervision of the doors.
He said the permit was also conditioned to cease entertainment at midnight and
he felt the crowd would leave earlier and that would also cut down on the late
night noise. He observed that sound attenuation measures would be required
with approval of the entertainment permit and he proposed a second set of
entry doors on the east side to act as a buffer zone. He hoped that the
residents and condominium owners would go to either he or the Rousas to
discuss any concerns. He pointed out that the entertainment permit can be
revoked at any time if it is found to be a nuisance. He felt approval of the
entertainment permit will give the City control over the establishment where
such control does not now exist, but would also allow the Rousas to utilize
their property to its fullest extent.
Commissioner Lumpp questioned the occupancy rating of the facility.
Mr. Dorst thought it is currently 52. He noted the proposal is for 44 people
in the dance area and 12 in the pool table area.
Commissioner Lumpp observed that Mr. Dorst had proposed another set of doors
on the east side and he questioned when those doors would be installed.
Mr. Dorst replied it would be prior to entertainment being offered.
Commissioner Lumpp questioned how the applicant plans to comply with Condition
No. 6, which calls for the restriction of parking in certain parking spaces.
Mr. Dorst responded that currently the trash dumpsters are in that particular
location and a structure will be built for the dumpsters. He said the area
would be blocked off at all times. He indicated the Final Score does not need
that parking area and they proposed blocking it off with a low railing or a
chain.
Planning Commission Minutes -16- July 27, 1994
Bob Fleming, 8434 Cedarwood Avenue, Rancho Cucamonga, stated he is the Vice
President of the Board of Directors for the Homeowners' Association and he was
speaking for his neighbors and the majority of the association. He commented
that the attorney had said they had been in business for 38 years, but they
had opened the establishment and provided live entertainment without obtaining
the City's approval. He said the music went until 2:00 a.m. and rattled the
walls of his condominium which is located 100 feet away with a railroad
embankment between. He said their clientele tends to drive motorcycles and
they tend to sit in the parking lot and rev up their engines when they are
leaving. He felt the residents should not be disturbed by the noise emanating
from the establishment just as contractors have to comply with certain
regulations regarding noise during certain hours. He said there have also
been problems with loitering on the railroad embankment. He stated that one
of his neighbors had distributed a letter in the neighborhood regarding
tonight's meeting and when the manager of the club heard about it, he called
her up and used profanity. He felt that did not show a willingness to work
with the neighbors. He thought the doors are left open because the
ventilation is poor. He said the Homeowners' Association does not want live
entertainment to be permitted during any hours. He did not feel it would be
physically possible to soundproof the building.
Commissioner Melcher asked if the building had been a bar the whole time that
Mr. Fleming lived there.
Mr. Fleming responded affirmatively.
Commissioner Melcher asked if the primary problems had occurred when there was
entertainment.
Mr. Fleming said that was correct. He said there is a normal nuisance from
the bar, but the main problems have been with live entertainment. He said
that he had called the police and the police had been out there several times
in response to noise complaints prior to the cessation of live entertainment.
Gary Johnson, 11626 Mt. Hood Court, Rancho Cucamonga, stated he has known the
Rousas for about two years during which time he has patronized their
establishment. He said they have taken security measures during the last
three months, such as installing surveillance cameras that show the parking
lot. He said the manager does not allow people to get drunk or disorderly.
He felt the entertainment permit should be approved so that young people would
have a place to go at night.
Steve Scharry, 8414 Cedarwood Lane, Rancho Cucamonga, stated that he lives in
the condominium project south of the bar. He commented that all of the
bedrooms in the complex that face the bar are the second and third bedrooms
and are typically occupied by children. He did not feel it is good to have
children looking out their bedroom windows and seeing the type of activities
that go on in the parking lot of a bar. He stated there had been a shooting
incident in the parking lot several years ago and one of the stray bullets
went through his neighbor's bedroom window when young children were sleeping
in the bedroom at the time. He thought that the current owner has made
attempts to get rid of the biker crowd but he felt that live entertainment
would be a hazard to public safety and morals.
Planning Commission Minutes -17- July 27, 1994
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner McNiel asked when the condominiums were built.
Mr. Buller replied they were built in the early 1980s.
Commissioner McNiel stated that it has been fairly consistent practice to give
business people an opportunity to operate while retaining the right to
withdraw such permission based upon whether there have been sufficient
complaints, police reports, etc. He said the matter could also be potentially
reviewed by the City Council. He stated he understood the concerns of the
residents and he felt them to be valid. He thought the vast majority of
potential complaints had been considered and attempts had been made to provide
mitigations for those problems. He said the tragedy has been that in the
past, the City has too many times experienced problems. He supported the
application.
Commissioner Tolstoy stated he supports the opening of a sports bar as it
provides a service to the community. He said that in recent entertainment
permit applications, the City has looked at the buffer between the use and the
neighborhood. He observed that years ago a bar was allowed to operate in a
neighborhood center quite close to residences and it has not worked. He said
several other entertainment permits were recently approved on the basis that
they were well buffered from the neighborhood. He did not feel this
particular location is sufficiently buffered from residences and he therefore
hesitated to vote for it.
Commissioner Melcher felt that both Commissioners McNiel and Tolstoy had
presented compelling arguments. He did not feel the Commission had sufficient
information upon which to base its decision. He thought the proposed
mitigation measures need to be thought out more carefully and he felt an
acoustical report should be prepared to be sure that proposed soundproofing
measures would work. He said he had visited the site and gone up to the
railroad tracks and was promptly apprehended by Garry Rousa because he had
seen him on the video system. Commissioner Melcher felt that was proof that
the video system works. He thought the Rousas want to make the project
work. He felt an acoustical study should address what would be needed so
there would be no additional noise heard at the condominium project and the
study should consider whatever measures were built into the condominium
project because at the time the condos were built the railroad was
operating. He said he was not prepared to act this evening.
Commissioner Lumpp stated he had always been in favor of allowing business
people to try to make a living in the community. He felt the applicant's
proposal to install a set of double doors should be further investigated
through a noise study which looks at the interior and the exterior. He was
not convinced that the benefits of interior mitigations would not be negated
by a tendency to leave doors open because of a lack of proper ventilation. He
agreed that there was not enough information to support the project. He
suggested that staff look at the possibility of installing a fence that would
prevent people from climbing up or loitering on the railroad tracks. He said
he did not want to be in a position of having staff spend money and time to
try to revoke a permit because the applicant has not complied with conditions.
Planning Commission Minutes -18- July 27, 1994
Chairman Barker said he does not have a lot of sympathy for people who move
next to an existing condition and then are upset. He stated this situation is
one where there is a pre-existing non-conforming use which has caused some
problems through the years, but now the Commission was being asked to add
entertainment which may exacerbate the problem. He did not feel the proposed
attenuation measures are sufficient to handle the problem. He said it will be
difficult to satisfy him because he has experienced the scars of watching the
Commission and City Council go out of their way to attempt to make something
work which will not work. He stated he will have to be shown that
attenuations could be made so the expanded intensity of use would not create
an increased irritant to the neighborhood.
Commissioner Melcher asked if it is truly an existing non-conforming use.
Mr. Buller stated it is an existing non-conforming site development structure
and therefore a conditional use permit is required for expansion.
Chairman Barker said it was something that would not have been approved but it
was already built before the City was formed.
Commissioner Melcher asked if a sports bar is a permitted use on the site.
Mr. Buller replied it would be a conditionally permitted use.
Commissioner Melcher stated he was not convinced of the adequacy of the sound
attenuation measures. He said he had been told by the applicant that there
are further plans for the development of the site and he felt an acoustic
study should be necessary for not only an entertainment permit but also any
additional changes. He felt that sound is a very specialized area. Be
commented that it was noisy when he was up on the railroad tracks not because
of the bar, but because of Foothill Boulevard. He noted that the railroad
line has been abandoned and in the future the berm may be removed and the land
may be developed. He felt a more comprehensive approach to solving the
problem is needed. He noted the berm was constructed to elevate the trains to
get over Foothill Boulevard and he thought part of the problem is currently
solved by the berm but it should not be relied on to solve the problem as the
berm may be removed one day because the railroad is abandoned.
Chairman Barker stated that a berm will not stop sound, it will only redirect
it. He stated he was not at all sure that he would ever be satisfied that the
noise could be adequately mitigated.
Commissioner Lumpp stated he was not ready to approve or deny the project. He
suggested that the matter be continued until the conditional use permit
application and a sound study are ready for the Commission's consideration.
Chairman Barker asked if the project were to be denied without prejudice, if
the applicant would have to pay a second application fee if they wished to
resubmit the project.
Mr. Buller confirmed that a second fee would be required. He suggested asking
the applicants if they would be willing to continue the matter until the study
is completed.
Planning Commission Minutes -19- July 27, 1994
Commissioner Tolstoy stated that when he visited the bar, he talked to Mr.
Rousa and he indicated there were future plans including a patio, enlarging
the area with the pool tables, and placing a double door on the east side. He
said he then talked to Garry Rousa and his plans were a little different. He
said it appeared they may not be sure what their plans really are. He felt a
patio could certainly present some noise problems. He thought an acoustical
study should include what their plans are. He said the building has been
expanded several times and he felt some parts of the building may have to be
treated differently.
Chairman Barker reopened the public hearing.
Mr. Dorst stated there had been live entertainment back in the 1960s and that
had been approved by the County. He said that was why the Rousas thought that
entertainment was a permitted use. He commented that the people who spoke in
opposition to the entertainment permit were addressing problems that currently
exist and those problems will not improve unless the entertainment permit is
approved because conditions would then be imposed. He questioned what noise
level was expected when the condominium project was approved. He said at that
point a train was running and Foothill Boulevard is a very noisy street. He
said he did not know if the entertainment permit would create a noise level
that would be above that expectation level. He asked what levels would be
set. He requested that the Commission approve the permit, keep a watchful ear
to see if problems develop, and stop the use if there are problems.
Chairman Barker stated the applicant was advocating a change in the status quo
and the Commission would need to be convinced that taking such an action would
not have a negative effect. He said the majority of the Commissioners had
indicated that the proposed conditions are insufficient to make them
comfortable in making those findings.
Mr. Dorst noted that Planning Condition No. 5 calls for sound proofing and
indicates that whatever is necessary must be done before commencement of
entertainment.
Chairman Barker said he was not willing to dump the matter on staff.
Commissioner Lumpp stated he was also concerned about the the possibility that
the air conditioning does not operate properly and the doors are propped open
for ventilation.
Mr. Dorst said that the doors have been closed in the recent heat wave, which
would indicate that the ventilation is adequate. He said that could also be
investigated. He proposed that the matter be continued to a time when they
can present sound attenuation measures based on a competent professional
study.
Mr. Buller indicated that staff may have the acoustic study validated by an
independent consultant at the applicant's expense. He suggested that the
matter be tabled until the study is complete and verified. He said the matter
would then be readvertised.
Planning Commission Minutes -20- July 27, 1994
Mr. Fleming stated the condominiums are not sound proofed and have single pane
glass. He said the train had only served a lumber yard and went by only once
a week. He stated the problems had not existed until live entertainment was
brought in.
Commissioner McNiel stated he supported Commissioner Lumpp's suggestion for a
fence to restrict access to the railroad tracks.
Chairman Barker again closed the public hearing.
Motion: Moved by Lumpp, seconded by McNiel, to table Entertainment Permit
93-03 to allow the applicant to prepare an acoustical study. Motion carried
by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
Chairman Barker stated the application had been tabled to allow the applicant
an opportunity to provide additional information. He said that when the
matter is rescheduled for Planning Commission consideration, it would be
readvertised and a public hearing notice would again be mailed to the same
group as before.
CONDITIONAL USE PERMIT 94-16 - AIRTOUCH CELLULAR - A request to construct
a 90-foot cellular antenna adjacent to an existing building in the General
Industrial District (Subarea 14) of the Industrial Area Specific Plan,
located at 9272 Hyssop Drive - APN: 229-283-12.
Nancy Fong, Senior Planner, presented the staff report and suggested that the
resolution be changed to require the installation of street trees.
Chairman Barker opened the public hearing.
Marie Landall, D. E. Miller Architects, 160 Newport Center Drive, #112,
Newport Beach, stated they were prepared to comply with the conditions of
approval including the street trees.
Commissioner McNiel asked why the pole has to be 90 feet tall.
Ms. Landall replied that is the minimum functional height to adequately pass
signals to neighboring cel sites.
Commissioner Lumpp asked if the applicant would object to changing the gate to
another material from the proposed chain link gate with redwood slats.
Ms. Landall felt that would not be a problem.
Hearing no further testimony, Chairman Barker closed the public hearing.
Planning Commission Minutes -21- July 27, 1994
Commissioner Lumpp preferred that a solid metal or wood gate be used in place
of the proposed chain link gate with redwood slats.
Commissioners Melcher and McNiel agreed that a metal gate should be required.
Motion: Moved by Tolstoy, seconded by McNiel, to adopt the resolution
approving Conditional Use Permit 94-16 with modification to require a metal
gate and the installation of street trees. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
G. SIGN ORDINANCE AMENDMENT 94-01 - CITY OF RANCHO CUCAMONGA - Consideration
of various amendments to the Sign Ordinance.
Dan Coleman, Principal Planner, presented the staff report.
Chairman Barker questioned the current maximum size of monument signs.
Mr. Coleman responded that currently one sign per street frontage is permitted
and it can be a maximum of 24 square feet, 8 feet tall.
Chairman Barker said he read the proposal that there will be three choices:
1) The status quo of one sign per street frontage up to 24 square feet, 8 feet
tall; 2) Two signs per street frontage up to 24 square feet each, 6 feet tall;
or 3) One sign per street frontage up to 48 square feet, 8 feet tall.
Mr. Coleman responded that was correct. He said it was felt that the status
quo should be kept because some centers may not wish to have additional signs
or modify their sign program.
Commissioner Melcher stated the language gives the developer a great deal of
flexibility so far as identification of tenants. He assumed there would still
be an approval process so that a sign would not have a lot of small writing in
an attempt to identify every tenant in a center.
Mr. Coleman said staff would still have to approve the signs. He noted that
there is a minimum 8-inch letter height.
Chairman Barker opened the public hearing.
Paula Dempsey, Lewis Homes Management Corp., P. O. Box 670, Upland, stated she
had requested that the status quo remain not only for those centers which have
already been developed, but also to give developers of new centers that option
if they wish to name only their key anchors. She noted that if there is a
program to identify the smaller tenants, the fairness issue enters into the
picture and the shopping center operators must make a conscious decision as to
what the parameters will be. She said that would take the burden off the City
and place it on the property owner.
Planning Commission Minutes -22- July 27, 1994
Commissioner Lumpp felt property owners should take more responsibility for
such things as sandwich board signs which are placed out because smaller
tenants claim they cannot stay in business because of a lack of signage. He
felt that leases should include such provisions.
Ms. Dempsey felt that most standard lease forms include such a provision, but
the enforcement becomes difficult because the signs appear overnight. She
said that Lewis Homes definitely tries to stay on top of it because when one
tenant places such a sign out, the others want to follow suit.
Commissioner Lumpp asked how the City could be assured that other shopping
center owners would also enforce the provision.
Ms. Dempsey said she could not respond. She noted that the task force had
been formed at the request of the City Council to look at ways to better
identify small tenants at the street. She felt a compromise position had been
reached.
Chairman Barker felt the representatives from the private sector and the
Chamber of Commerce contributed a great deal to the task force.
Ms. Dempsey felt it had been a very proactive effort. She hoped there would
be some continuation so that other areas of concern in the sign ordinance
could be addressed in the same positive fashion.
Commissioner McNiel stated he had been on the task force. He felt there had
been exceptional people from the private sector and there was great
cooperation. He said it had been a pleasant experience to work on the task
force. He felt that his ultra-conservative position was supported from the
private sector on certain issues.
Commissioner Tolstoy stated he had also attended several of the meetings. He
felt the City maintained its sign integrity and the development community was
given what they wanted. He supported the amendment.
Commissioner Lumpp supported the recommendations. He hoped it would help put
an end to signage concerns raised by the small business people.
Commissioner Melcher supported the proposed amendment as amended.
Commissioner McNiel asked if there are currently any 8-foot high signs in the
community.
Mr. Coleman responded that there are currently six signs shown on the survey
which are 8 feet or taller.
Commissioner Melcher felt that height is relative to the setting.
Commissioner McNiel stated he was concerned because the proposed maximum of 48
square feet up to 8 feet tall would be a large sign which could be
overwhelming based on the setting. He said he was not opposed to the status
quo or the second option with two signs per street frontage, a minimum of 200
Planning Commission Minutes -23- July 27, 1994
feet apart, with a maximum of 6 feet in height. He felt such signs would
still be in a human scale. He felt a 48 square foot, 8 foot tall sign could
appear as a wall depending on the setting.
Commissioner Tolstoy stated that the City requires a sign program and he felt
it would be possible to look at any proposed 8-foot sign in its setting and
determine if it would be obtrusive.
Chairman Barker reopened the public hearing.
Ms. Dempsey stated that the 48 square foot sign was introduced to permit
allocation of space for small tenant identification. She said it was figured
8 to 10 small tenant names could be placed on a 48 square foot sign using the
minimum 8-inch letter. She hoped the option would be left in so that
developers would have an option. She said that some centers may want to
rotate smaller tenant names on the signs, and a 24 square foot sign would not
allow that to happen.
Commissioner McNiel asked if it needed to be 8 feet tall.
Ms. Dempsey felt that it did. She said they had wanted a lO-foot height and 8
feet was a compromise.
Chairman Barker again closed the public hearing.
Commissioner Melcher felt that design review or staff review of sign programs
would show where the area of the sign appears excessive and modifications
could be requested. He thought the area provisions are appropriate for this
community.
Motion: Moved by Tolstoy, seconded by Melcher, to adopt the resolution
recommending approval of Sign Ordinance Amendment 94-01. Motion carried by
the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MELCHER, TOLSTOY
MCNIEL
NONE -carried
Commissioner McNiel stated he had voted no because of the 8-foot height on the
48 square foot sign.
Commissioner Tolstoy stated he had traveled on Foothill Boulevard in La Verne
and he could not read their signs because they have small letters and are high
in an attempt to list every tenant of every center.
Chairman Barker agreed that placing a lot of names on a sign, makes it hard to
read.
Motion: Moved by McNiel, seconded by Tolstoy, carried 4-1 with Melcher voting
no, to continue the meeting beyond 11:00 p.m.
Planning Commission Minutes -24- July 27, 1994
COMMISSION BUSINESS
H. TRAILS ADVISORY COMMITTEE APPOINTMENTS
Brad Buller, City Planner, presented the staff report.
Commissioner Tolstoy stated that he has been on the Trails Committee for a
long time and would be happy to remain a member. He remarked that Pam Henry
was one of the most valuable members of the Committee and no longer lives in
the area. He said Ms. Henry had done a lot of research and also rode a lot
and her expertise would be sorely missed. He hoped someone with her knowledge
could be found to replace her. He suggested that Suzanne Chitiea might be a
good person to have on the Committee.
Chairman Barker felt it would be impossible to replace Ms. Henry. He said she
had ridden the trails before the City was founded and designed many of the
trails. He thought Ms. Henry had never been given sufficient recognition from
the City for her contributions. He felt she had left a permanent mark on the
City.
Dan Coleman, Principal Planner, stated that Greg Pilcher had also expressed an
interest in continuing.
Chairman Barker said he would be happy to continue to serve.
Commissioner Tolstoy stated that the Trails Committee is an advisory committee
to the Planning Commission and he asked if the Planning Commission could add
another member at large.
Mr. Coleman stated that the administrative regulations could be modified to
expand the Committee and that had already been done to add the bicycle member.
Commissioner Tolstoy stated he would like to expand the Committee only if Ms.
Chitiea is available or if someone else with that expertise could be found.
Chairman Barker stated that the Riding Club has a trail boss.
Commissioner McNiel supported Commissioner Tolstoy's suggestion.
It was the consensus of the Commission to reappoint Chairman Barker and Greg
Pilcher to the Committee and direct staff to pursue discussions with Ms.
Chitiea and bring back a proposal to enlarge the Committee if Ms. Chitiea is
interested.
Chairman Barker confirmed the action.
Chairman Barker stated he would like to ask the Commission's permission to
invite Mayor Pro Tem Buquet to make a presentation to the Commission regarding
the Regional Comprehensive Plan.
Planning Commission Minutes -25- July 27, 1994
It was the consensus of the Commission to request that the presentation be
made on September 14, 1994.
Commissioner Melcher noted that he had written a memorandum regarding
hazardous materials to clarify the intent of the Commission regarding Ellena
Park.
Chairman Barker commented that the Commissioners had been given a memorandum
from the Traffic Engineer regarding the intersection of 8th Street with
Hermosa and Hellman Avenues.
Brad Buller, City Planner, noted that the ground breaking for the Mission
Foods Project will be on August 18, 1994.
Commissioner Melcher observed that in December a proposed calendar for the
housing element update was presented to the Planning Commission and the time
line showed a series of check off points. He recalled that he had suggested
that as the check off points arrived the matter should be placed on the
Planning Commission agenda so the Commission could discuss the update as it is
developing. He said he saw that as a way that the Commission could begin
shifting its focus to being involved in planning matters.
Brad Buller, City Planner, said it was felt it would be best to send a memo to
the Commissioners and the Commission could then request that it be placed on
the agenda if it felt further discussions are needed.
Commissioner Melcher said he deals most effectively with what is going to be
discussed at the meetings.
Commissioner McNiel said he had looked at it.
Commissioner Tolstoy stated he had read the parts that interested him.
Commissioner Melcher commented that at the July 26 meeting of the Historic/
Cultural Resources Task Force, Larry Henderson indicated there had been no
response to staff's inquiries regarding the reallocation to historic
preservation purposes of the proceeds from the sale of the Ledig House.
Brad Buller, City Planner, said it was his understanding that Rex Gutierrez
had indicated he would possibly bring up the matter at the next City Council
meeting. He said the money had come from the Redevelopment Agency and it is
initially marked to return there.
Planning Commission Minutes -26- July 27, 1994
Commissioner Melcher noted that although the money had come from the
Redevelopment Agency, it had been earmarked for historic preservation. He
said the money had initially been set aside for historic preservation
projects, and the request is that the money continue to be utilized for
historic projects even if additional monies cannot be used. He asked that the
Commission be informed as to the outcome.
I. DISCUSSION OF FISCAL YEAR 1994/95 WORK PROGRAM
Commissioner Melcher felt that the Planning Division is at the bare minimum of
staffing just to keep up with paperwork that needs to be processed. He
thought that the Commission should begin to see if they could suggest some
changes that might free up some staff time and create some positive pressure
on the City Council to get more staff for Planning.
Chairman Barker felt funding for particular uses could also be beneficial. He
said the Commission should not be in the position of stating that more staff
is needed, but rather certain things need to be accomplished and either
additional funding is needed for outside help or more staff is needed.
Commissioner Melcher felt the whole planning function seems to be falling
further behind and there must be a shifting of funding priorities for staff or
consultants to deal with some of the crucial issues. He agreed that a
commercial land use study is very important, but he felt there are other
crucial issues such as a uniform street furniture program for the Foothill
Boulevard Specific Plan. He noted that every project processed is conditioned
to comply with that nonexistent document.
Commissioner Tolstoy felt that the perception is that the development
community has slowed down and staff is therefore released to do more things.
He understood this perception but noted that there are a lot fewer staff and
he believed additional staff consultants are needed.
Commissioner Melcher agreed and said the slowdown in development activity may
have released the staff to do more things, but more staff were released. He
felt the loss of staff has gone beyond balancing out the slowdown.
Chairman Barker asked how much staff had been lost.
Mr. Buller replied there had been over 50 percent reduction in professional
planning staff. He said that during the last 18 months there has been a
drastic change in development activity, but there is a very active public
counter and a lot of staff time spent is in providing public information. He
also noted that Steve Ross, Assistant Planner, had recently submitted his
resignation.
Commissioner Melcher felt the City needs to keep in mind that the whole
community is the public and planning for the future of the community and
making sure plans are up to date is as much dealing with the public as is
serving those who come to the counter. He suggested the public would be
Planning Commission Minutes -27- July 27, 1994
better served by having better long range plans and having those at the
counter wait a little longer or perhaps limit counter service hours. He was
concerned that there is a perception that the planning for the City is done
and now all that is necessary is to wait for build out. He felt that plans
are living documents that require constant attention and the City is way
behind.
It was the consensus of the Commission that the Fiscal Year 1994/95 Work
Program should be continued to the August 10, 1994, meeting.
ADJOURNMENT
Motion: Moved by McNiel, seconded by Lumpp, carried 5-0, to adjourn.
11:40 p.m. - The Planning Commission adjourned.
Respectfully submitted,
Secretary
Planning Commission Minutes -28- July 27, 1994