HomeMy WebLinkAbout1994/06/22 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
June 22, 1994
Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga
Planning Commission to order at 7:26 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:
PRE SENT:
David Barker, Heinz Lumpp, Larry McNiel,
John Melcher, Peter Tolstoy
ABSENT: None
STAFF PRESENT:
Brad Buller, City Planner; Dan Coleman, Principal
Planner; Matt Everling, Planning Intern; 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
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ANNOUNCEMENTS
Brad Buller, City Planner, announced that the applicant had withdrawn Item I.
Mr. Buller stated there would be a workshop regarding Town Center Square on
July 13, 1994.
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APPROVAL OF MINUTES
Motion: Moved by Tolstoy, seconded by Lumpp, carried 5-0, to adopt the
minutes of the Adjourned Meeting of April 13, 1994.
Motion: Moved by Melcher, seconded by Lumpp, carried 3-0-2 with McNiel and
Tolstoy abstaining, to adopt the minutes of May 25, 1994.
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OLD BUSINESS
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 94-02 - CRHO ARCHITECTS,
INC. - A request to construct an 8,540 square foot restaurant on a 2.2
acre parcel in the Office Park designation of the Terra Vista Planned
Community, located at the northeast corner of Foothill Boulevard and
Spruce Avenue - APN: 1077-421-58.
Chairman Barker noted the applicant had submitted a letter of withdrawal. He
invited public comment and there was none. He commented that no action was
necessary other than accepting the letter of withdrawal.
PUBLIC HEARINGS
Ae
ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 94-01 -
WESTERN LAND PROPERTIES - A request to amend the land use designation for
a 25 acre piece of vacant land from Office Professional District to
Community Commercial District bounded by Foothill Boulevard on the south,
Spruce Avenue on the west, Church Street on the north, and Elm Avenue on
the east - APN: 1077-421-58 and 63. Staff recommends issuance of a
Negative Declaration. Related file: General Plan Amendment 94-01A.
Nancy Fong, Senior Planner, presented the staff report.
Chairman Barker opened the public hearing.
Gary Luque, Western Land Properties, 1156 North Mountain Avenue, Upland,
stated he was accompanied by Dave Newsome, the project manager for Town Center
Square, which he said is the reason for the amendment, and Elaine Carbrey of
Gruin & Associates, who he said has the historical perspective on the
community plan.
Commissioner Lumpp questioned if supermarkets should be included in the
Community Commercial district. He asked if they would be looking for such a
use in the area.
Mr. Luque agreed supermarkets would not be an appropriate use for the nature
of their project.
Commissioner Lumpp asked if it could be struck from the listing.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Melcher felt Commissioner Lumpp had correctly identified a
necessary deletion and he supported the amendment.
Commissioners Tolstoy and McNiel concurred.
Motion: Moved by McNiel, seconded by Melcher, to adopt the resolution
recommending approval of Terra Vista Community Plan Amendment 94-01 with the
deletion of supermarkets as a use for the subject parcel. Motion carried by
the following vote:
- AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONEWS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
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Planning Commission Minutes -2- June 22, 1994
STREET NAME CHANGE 94-01 - CITY OF RANCHO CUCAMONGA - A request to change
the street name "Pierson Court" to "Pearson Court," located east of
Johnston Place.
Matt Everling, Planning Intern, presented the staff report and stated letters
of opposition had been received from two residents. He noted that One of the
letters had suggested that another street be named Pearson in the future. Mr.
Everling observed that would conflict with the City Code which disallows two
streets with same or similar names because of potential for misdirection of
public safety employees in the event of an emergency. He suggested that the
Commission may wish to extend the effective date from six to nine months so
that the name change would not occur during the holiday period.
Chairman Barker noted the name change request was the result of a letter from
a resident. He opened the public hearing.
James Clark, 6826 Etiwanda Avenue, Rancho Cucamonga, stated that Etiwanda is a
special place to him and he believes history is important. He reported that
all of the streets in the housing development where this street lies had been
named after pioneer families but Pearson had been misspelled because of
incorrect records. He requested that the spelling be corrected.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Melcher asked for confirmation that the name change action would
be final with the Planning Commission but could be appealed to City Council.
Brad Buller, City Planner, confirmed that was correct.
Commissioner Melcher asked how many addresses are located on the street.
Mr. Bullet responded there are four.
Commissioner McNiel asked if the specific tract is connected to the Pearsons.
Mr. Buller replied it is not, but the developer used historical names of
community founders for all of the streets in the development.
Commissioner McNiel thought perhaps the full name of Willis Grant Pearson
could be used elsewhere in the City.
Mr. Buller stated that Willis Grant Pearson would make for a very long name
and the name would still not be acceptable to the public safety agencies.
Commissioner Tolstoy felt it is very important to preserve historic family
names. He thought it imperative that there not be a Pierson Court and a
Pearson Court. He suggested the name change be effective in ayear so that
residents would have plenty of time to use up checks and stationery and
process address changes for magazine subscriptions, etc.
Commissioner Lumpp also believed that the name should be spelled correctly in
order to preserve the history of Etiwanda. He understood the residents'
concerns but strongly felt the correct name should be used.
Planning Commission Minutes -3- June 22, 1994
Commissioner Melcher expressed the Commission's gratitude to Mr. Clark for
bringing the matter to the attention of staff and suggested staff determine
the appropriate length of time before enactment.
Motion: Moved by Melcher,
approving Street Name Change
determine the effective date.
seconded by Lumpp, to adopt the resolution
94-01 with modification to allow staff to
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
CONDITIONAL USE PERMIT 93-11 - INSTITUTE OF DIVINE METAPHYSICAL RESEARCH -
A request to establish a personal service for seminars and research in a
leased space of approximately 2,613 square feet in the General Industrial
District (Subarea 4) of the Industrial Area Specific Plan, located at 9774
Crescent Center Drive, Suite 502 - APN: 210-071-52.
Beverly Luttrell, Associate Planner, presented the staff report and suggested
the resolution be changed to indicate that no public assembly use would be
permitted prior to compliance with Fire District and Building and Safety
conditions.
Chairman Barker observed the City had received a complaint from a neighboring
business. He asked if the complaint had been by letter or telephone.
Ms. Luttrell stated the adjacent business owner had telephoned both the Code
Enforcement Supervisor and her and she had suggested that he submit a letter
or attend the public hearing to voice his concern. She said she had not
received anything in writing and did not know if he was present tonight.
Commissioner Lumpp asked how long the use had been in operation at this
location.
Ms. Luttrell was not sure.
Commissioner Lumpp asked if they had been essentially operating without an
approved conditional use permit.
Ms. Luttrell responded that was correct.
Commissioner Melcher was concerned about the parking impacts. He said the
City Code requires one parking space for every 35 square feet but the Fire
Department rates the use as one person for every 15 square feet if there are
fixed seats and one person for every 7 square feet if there are no fixed
seats. He noted that could produce up to five times the occupancy that the
City code expects; however, he suspected that the heavy occupancies would
occur at non-conflicting hours.
Ms. Luttrell agreed.
Planning Commission Minutes -4- June 22, 1994
Mr. Bullet stated that throughout the system, parking and occupancy load
numbers of the Municipal Code are always under the occupancy load determined
by Fire.
Commissioner Melcher said he understood but he thought perhaps the way of
calculating parking in business and industrial parks may be fatally flawed and
there may one day be a situation where principal public assemblies would occur
during hours in common with other tenants.
Chairman Barker opened the public hearing.
Tyrone Horn, 257 Coral Tree Drive, Rialto, stated he is the teacher at the
institute. He said they have been operating at the site since September. He
reported they have no fixed chairs in the building at this time. He said they
hold classes on Thursday evenings from 7:30 to 9:30 p.m. and on Sundays from
11:00 a.m. to 1:00 p.m. He requested approval and said they had looked all
around for a suitable place to meet. He reported they had met in a motel
conference room for about three years but felt they needed to expand. He said
he had known about the need for a conditional use permit but they did not have
the time or money to apply for the permit prior to moving to this location.
He said the adjacent tenant has a tool and die shop and plays stereo music 24
hours a day, seven days a week. He stated he had asked the adjacent tenant to
turn down his music during the times the Institute meets and the adjacent
tenant is not cooperative.
Commissioner McNiel asked if there has been a resolution to the conflict.
Mr. Horn said the adjacent tenant now has turned his music down. He reported
there had been a verbal altercation between one of his students and the
adjacent tenant and the adjacent tenant called the Police. He said the Police
came and asked that the music be turned down. He commented that currently
about 24 people attend their meetings.
Commissioner Lumpp asked how the applicant knew that the adjoining tenant
plays music 24 hours a day.
Mr. Horn replied he stops by periodically.
Commissioner Lumpp asked what the Institute does.
Mr. Horn said they are a non-profit, religious, scientific research
organization. He said they research and teach Biblical principles and study
comparative religions, psychology, etc.
Commissioner Lumpp asked if Mr. Horn operated any other facilities.
Mr. Horn said there are other branches of the organization but not in Rancho
. Cucamonga.
Commissioner Lumpp asked if some people might work at the facility during the
day.
Planning Commission Minutes -5- June 22, 1994
Mr. Horn replied they are sometimes there for an hour or two to handle
correspondence, etc. He said they have no complaints about the neighboring
tenant running his music during the hours he is there; they only object to the
music playing when the owner is not there.
Commissioner Tolstoy asked if the applicant was aware that he would have to
spend money to bring the facility into compliance with conditions imposed by
the Fire Department. He thought that since there had already been a conflict
with a neighboring tenant which might not be resolved, the applicant may wish
to look elsewhere instead of spending the money to upgrade the facility.
Mr. Horn agreed that might be the best, but felt a business park would be best
because of the low rent.
Chairman Barker aske~ if the applicant understood the requirements needed to
meet the conditions and had been given a copy of the proposed modifications to
the resolution.
Mr. Horn replied he understood the requirements and had been given a revised
copy. He said if the Fire Department tells him it is too much money, he was
curious about his lease. He said he had signed a three-year lease before
realizing the requirements.
Chairman Barker stated that if the Fire Department indicates they may .not
assemble, then they may not assemble.
Mr. Horn said he understood and he thought perhaps that would help him to get
out of his lease.
Commissioner Lumpp noted the requested days of operation were Wednesday,
Friday, and Sunday evenings. He said he thought the applicant had said they
meet on Thursday evenings and during the day on Sundays.
Mr. Horn said he had changed his meeting dates and times and he requested that
the resolution be changed to allow them the option of changing days and times.
Dan Coleman, Principal Planner, suggested that the condition be rewritten to
limit the hours of operation to weekends and after 6:00 p.m. on weekdays. He
felt that would give them latitude to change the days of operation.
Mr. Horn said that would be acceptable.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Tolstoy asked how the maximum occupant load would be established.
Mr. Coleman replied that based on the Uniform Building Code, the applicant's
described business would be in the same category as a church and lecture hall
type of setting which has an occupant load of 7 square feet per person for the
size of the meeting hall, translating into a maximum of 196 people. He said
staff is proposing a more restrictive occupancy because of the parking.
Planning Commission Minutes -6- June 22, 1994
Commissioner Melcher noted the Fire Department allows 196 people but the
resolution permits only 34 and the hours of operation are evenings and
weekends. He asked how the City would know that the applicant is sticking to
34.
Mr. Buller said that many times staff relies on complaints and field
observations from other agencies. He said Code Enforcement Officers also work
on some weekends.
Commissioner Melcher stated that the staff report indicated that if problems
arise between tenants, the Conditional Use Permit would be brought back before
the Commission for re-evaluation. He felt the Commission would not want to
get involved in tenant disputes.
Chairman Barker noted that if a use is introduced into a project and has a
negative effect on surrounding neighbors, then perhaps the use should not have
been introduced. He agreed the City should not be involved in simple
arguments among tenants and should not develop a paternalistic attitude.
Commissioner Melcher commented that the proposed use would be under a
conditional use permit next to a permitted use which has been in continuous
operation for approximately nine years. He noted that if there is ongoing
conflict resulting in complaints for Code Enforcement, Planning staff, or the
Police, the Conditional Use Permit would be reviewed because the other tenant
is there by right of zone. He asked if there was any way correctiv~
conditions or restrictions would be placed on a tenant who is there by right
of zone.
Mr. Buller replied conditions could only be placed on such a tenant if there
were complaints that the zoned tenant is in violation of City Code, such as
noise restrictions.
Ralph Hanson, Deputy City Attorney, replied there would not be conditions
placed, it would be an independent code violation, which would not be handled
by the Planning Commission. He pointed out that conduct of individuals would
not be grounds for revoking a Conditional Use Permit and discussions would
need to be confined to land use and compatibility issues rather than the
conduct of individuals.
Commissioner Melcher noted that the Commission had approved a great number of
applications for religious organizations to occupy inexpensive spaces in
industrial parks in the four years he had served on the Commission. He said
for the first time, the staff report indicated there had already been some
compatibility problems and he just wanted to be sure the Commission was aware
of the situation.
Mr. Bullet stated the City has the right to review any conditional use permit
for possible revocation if problems surface, even if there is no such language
in the permit. He said the condition is typically included as a matter of
courtesy to indicate to the applicant that the City has the power to revoke
the permit.
Planning Commission Minutes -7- June 22, 1994
Commissioner Melcher said he was not asking to have the condition deleted; he
just wanted to make it clear that the granting of the permit would not
jeopardize the permitted use.
Motion: Moved by McNiel, seconded by Melcher, to adopt the ~esolution
approving Conditional Use Permit 93-11 with modifications to require
compliance with Fire District and Building and Safety conditions prior to
public assembly use and to change the permitted hours to weekends and after
6:00 p.m. on weekdays. 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 8:25 p.m. to 8:30 p.m.
ENTERTAINMENT PERMIT 94-02 - COFFEE KLATCH - A request to conduct live
music in conjunction with an existing coffee bar within the Thomas Winery
Plaza in the Specialty Commercial District (Subarea 2) of the Foothill
Boulevard Specific Plan, located at 8916 Foothill Boulevard -
APN: 208-101-23.
Beverly Luttrell, Associate Planner, presented the staff report and reported
the applicant had indicated he would like to have the doors remain open and
utilize the courtyard during entertainment.
Commissioner Lumpp asked for a definition of a small orchestra.
Ms. Luttrell responded that she thought the applicant merely used that term to
indicate they are interested in a variety of music types such as jazz,
bluegrass, gospel, etc.
Commissioner Melcher noted the resolution indicated that interior noise levels
within adjoining businesses should not exceed 55 dB. He asked how staff would
control such a matter.
Ms. Luttrell said Code Enforcement would follow up on complaints from adjacent
tenants. Ms. Luttrell said it was felt that the music may be more bothersome
to the restaurant than the craft store because of the times the music will
occur.
Commissioner Melcher asked how the 55 dB standard was determined.
. Dan Coleman, Principal Planner, stated that the 65 dB and 60 dB for exterior
noise levels were taken right out of the Municipal Code. He said staff felt
interior noise levels should be lower and 55 dB was felt to be appropriate.
Planning Commission Minutes -8- June 22, 1994
Commissioner Melcher asked where the 65 dB contour for Foothill Boulevard
would extend across the front of the winery.
Mr. Coleman responded it would probably be behind the winery.
Commissioner Melcher asked for clarification that the noise level in front of
the winery would probably exceed 65 dB just from street traffic noise.
Mr. Coleman confirmed that was correct.
Commissioner Melcher asked about the noise level from Carnelian.
Mr. Coleman felt the noise level from Carnelian would probably be about the
same as from Foothill Boulevard because sound levels tend to be higher at
intersections.
Chairman Barker opened the public hearing.
Michael Perry, 23,295 Merrygrove Circle, Moreno Valley, stated he and his wife
own the business. He said they would like to have small groups such as a high
school jazz ensemble, choral singers, church groups, etc. He commented they
would like to be able to expand to other nights if the community supports
them. He presented a petition signed by six of the tenants of the center
indicating support for entertainment both inside the building and on the patio
between the book store and his business. He indicated that the only nearby
tenant who did not sign the petition was Frontier Restaurant. He reported
that the manager supported the entertainment but indicated she could not sign
without permission from their corporate office. He asked if they could have
the entertainers outside. He stated a restaurant in the northern end of the
center has entertainment until 1:00 a.m. and he asked that entertainment hours
be extended until l:00 a.m. in case they decide to extend their hours. He
said they are further away from residential areas than the restaurant, so
there would be even less of an impact.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner McNiel stated there are similar operations in the City that serve
the community well and are packed in the summer. He supported the applicant's
requests including extending the hours and leaving the doors open or having
the entertainment in the patio area.
Commissioner Tolstoy concurred.
Commissioner Melcher agreed with Commissioner McNiel. He thought the
liveliest space in the City is the coffee shop in the Virginia Dare Center.
He thought it is a pleasant alternative for residents. He felt the patio
space is a very pleasant open space and he was delighted the applicant wants
· to use it. He suggested Conditions No. 3 and 4 be deleted.
Commissioner McNiel felt Condition No. 4 should remain so that there would be
less chance of problems with interpretation. He noted that nothing would
happen until there are complaints.
Planning Commission Minutes -9- June 22, 1994
Commissioner Melcher did not believe the 55 dB level in an adjoining business
would be a valid standard because he was not sure how you could determine how
much of the noise is generated from the entertainment and how much is
generated from within the adjacent business.
Commissioner Lumpp asked if an Entertainment Permit runs with the operator or
the use.
Mr. Bullet responded it is with the operator, so that a new user would have to
obtain a new entertainment permit.
Commissioner Lumpp felt the type of music Mr. Perry described seemed very
appropriate. He supported deletion of Conditions No. 3 and 4. He agreed it
was delightful that they want to use the patio area. He agreed with the
applicant's requests.
Mr. Buller suggested that if the Commissioners were in agreement that
entertainment could be conducted from the patio, a site plan should be marked
up to indicate the appropriate area where entertainment may take place.
Chairman Barker invited Mr. Perry to indicate where he would like to set up
the outdoor entertainment.
Mr. Perry indicated the area south and west of the metal building.
Commissioner Melcher indicated that when he visited the site, the adjoining
craft shop was conducting a crafts class and had the top half of their dutch
door open. He felt the entertainment should be to the west of the dutch door.
Mr. Perry responded that he would be happy to have the entertainment to the
west during any hours the crafts shop is open. He said they do not currently
have classes on Fridays through Sundays. He noted they had signed the
petition supporting entertainment.
Chairman Barker again closed the public hearing.
Commissioner Lumpp suggested that staff work out the details.
Mr. Buller suggested that the resolution indicate that the Commission is in
support of outdoor entertainment south or west of the still building.
Commissioner Tolstoy felt that Condition No. 4 should remain because it does
provide a point of departure if there are problems. He said he was not sure
that 65 dB and 60 dB are the proper numbers and he stated he would like to
discuss the possibility of adding a work program item to further research the
dB ratings.
Mr. Coleman stated the maximum exterior dB ratings are in the City code. He
noted that staff would not object to deleting the last sentence dealing with
interior noise in the adjacent businesses.
Chairman Barker felt the last sentence should be deleted.
Planning Commission Minutes -10- June 22, 1994
Commissioner Melcher agreed.
It was the consensus of the Commission that the last sentence be stricken.
Commissioner Melcher agreed with Commissioner Tolstoy that the maximum dB
rating levels in the Code should be researched. He noted that street noise
will raise the level above 65 dB for the site. He feared that any noise added
would place the applicant in a position of non-compliance.
Motion: Moved by McNiel, seconded by Tolstoy, to adopt the resolution
approving Entertainment Permit 94-02 with modifications to allow outdoor
entertainment in an area indicated by exhibit approved by the City Planner,
permit entertainment to last until 1:00 a.m., and delete the reference to
maximum interior noise within adjoining businesses. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14635 - RANCON REALTY
FUND III - A subdivision of 7.4 acres of land into 2 parcels in .the
Industrial Park District (Subarea 7) of the Industrial Area Specific Plan}
located at the southeast corner of Foothill Boulevard and Aspen Street,
APN: 208-352-09.
Dan James, Senior Civil Engineer, presented the staff report.
Commissioner Melcher noted the staff report indicated the master plan does not
address Planning Commission concerns expressed when it reviewed a previous
master plan. He thought at least some of the concerns had been addressed.
Brad Buller, City Planner, responded that some of the concerns had been
addressed, but two Commissioners had expressed a concern about the narrow
width of the southern lot and that same layout is shown. He said the
applicant feels the southern lot is marketable in the configuration they have
shown.
Commissioner Lumpp asked if the Commission was approving the master plan.
Mr. Bullet replied that if the Commission approves the parcel map, it will
begin to establish a pattern of development even though it was not
specifically approving the master plan.
Chairman Barker opened the public hearing.
Steve Palmet, Rancon Financial Corporation, 27720 Jefferson Avenue, Temecula,
stated they had addressed the Commission at a pre-application stage
approximately one year ago. He said the Applebee's chain is now interested in
purchasing the parcel and developing the site. He said the driveway is
Planning Commission Minutes -11- June 22, 1994
currently approximately 5 feet further south from where it had been originally
proposed in order to comply with Engineering requirements. He indicated a
major health club has expressed interest in a portion of the site and he
thought other restaurants may also be developed. He said he did not know when
they would construct the office building on Parcel 2 but stated it has plenty
of parking and adequate access and circulation space and complies with the
open space requirements.
Commissioner Melcher questioned if the City would be committed to approving
the site for Applebee's restaurant if the parcel map is approved. He recalled
there had been some questions regarding the previous restaurant, such as the
apparent location of the entrance facing the Santa Ana wind direction. He
asked if the strategy was to sell the land to Applebee's and let them process
the improvement plans.
Mr. Palmer responded ~hat was correct. He said they had offered the project
as either a sale of land or as a build-to-suit and Applebee's chose to
purchase the land and do their own development.
Mr. Buller said he had already met with Applebee's and they are aware of the
site constraints and had been given copies of the pre-application review file
and are aware of the wind condition issues raised by the Commission.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner McNiel stated there had been discussions about the narrow lot to
the south. He feared the developer would then plead that the southern lot has
certain site constraints. He felt the Commission may be approached to approve
setback or landscape variances for the remainder parcel. Although he thought
the entire site is narrow for an east-west split, he expressed a willingness
to approve the project.
Commissioner Tolstoy shared Commissioner McNiel's concerns. He said the
Commission had dealt with such issues in the past and could deal with them
again.
Mr. Buller said that staff had reviewed the proposal and believes that the
remainder parcel is sufficient in size and shape to not require a variance and
the record would reflect that there are no grounds for a variance.
Chairman Barker agreed the record should reflect that statement.
Motion: Moved by McNiel, seconded by Tolstoy, to issue a Negative Declaration
and adopt the resolution approving Tentative Parcel Map 14635. Motion carried
by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
Planning Commission Minutes -12- June 22, 1994
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-49 - WESTERN LAND
PROPERTIES - The development of an integrated shopping center consisting
of 15 buildings totaling 223,665 square feet and 1 fast food drive-thru
restaurant totaling 3,000 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.
Chairman Barker indicated the item had been rescheduled and staff had
recommended that the item be tabled and readvertised with a proper description
for July 27, 1994. He opened the public hearing.
Motion: Moved by McNiel, seconded by Tolstoy, to table the item.
carried by the following vote:
Motion
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
CONDITIONAL USE PERMIT 94-15 - B.H.P. STEEL, INC. (SUPRACOTE] - A request
to allow the use of a temporary office trailer for an existing industrial
site in the General Industrial designation (Subarea 8) of the Industrial
Area Specific Plan, located at 11200 Arrow Route - APN: 208-961-19.
Related file: Conditional Use Permit 94-11.
Scott Murphy, Associate Planner, presented the staff report.
Commissioner McNiel questioned the estimated time the trailer should be in
place.
Mr. Murphy replied they have already begun site work in preparation for
construction of the permanent facility, and it is estimated the trailer would
be there for only one year.
Commissioner Melcher thought the requirements for temporary structures are
written more for situations in which the temporary structure will remain as
the primary facility for a number of years. He thought the applicant could
have merely informed the City that the trailer was one of their construction
trailers and would not have had to make any improvements. He did not feel
extra trimmings should necessarily be added since the trailer should only be
there for one year and major construction would be taking place along Arrow
during that time. He noted the staff report indicated staff suggested the
color be compatible with the existing building and there be skirting around
the base along with potted plants. He observed that the resolution called for
a trellis and he questioned whether staff wanted skirting and potted plants or
a trellis and if such items should be necessary.
Mr. Murphy agreed the applicant has been straightforward with their request.
He said most of the modular units in the past have been associated with
churches or schools and have remained in place for a number of years. He
Planning Commission Minutes -13- June 22, 1994
agreed there may be some arguments as to whether improvements should be
necessary. He said staff had requested the improvements from a consistency
standpoint and because the trailer will be visible from Arrow Route. He
suggested that if conditions are placed on the trailer, it should be
consistent with the staff report so far as the color of the tra~ler, the
skirting, and the potted plants.
Chairman Barker opened the public hearing.
Pete Pitassi, 8439 White Oak Avenue, Rancho Cucamonga, appreciated the
acknowledgment of their straightforward approach with the City. He said they
had been unaware that their corporate office planned to add staff so quickly
and had not realized the need for the additional space at the time they
processed their recent application for expansion. He said the office trailer
would be used to house additional accounting staff for the management of the
construction project and the staff will move into the expanded building when
the improvements are completed. He reported the trailer will only be used by
staff and will not accessed by the public. He commented they would prefer not
to add a lot of trimmings to the trailer because there is major construction
occurring on site. He said they would obviously obtain all the necessary
Building and Safety and Fire permits. He requested that they not be required
to paint the trailer because the existing building is one color and will be
repainted so it would be difficult to determine which color the trailer should
be painted. He said the trailer comes with skirting and would be provided
with a foundation. He reported the trailer was previously used as a classroom
unit.
Commissioner Lumpp asked if the applicant would be willing to paint the
trailer if it is a shocking color.
Mr. Pitassi felt his client would be willing to do so.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner Tolstoy supported the application because it is clearly stated
that the trailer will be removed when construction is completed.
Commissioner McNiel agreed. He noted the applicant has been cooperative and
is bringing a lot to the City.
Commissioner Melcher thought Conditions 3 and 4 should be removed.
Commissioner McNiel agreed with deleting Condition 3 regarding the trellis,
but he felt Condition 4 should remain because it merely stated the color of
the trailer should be compatible with the existing building to the
satisfaction of the City Planner. He acknowledged there is a multitude of
colors on site.
Mr. Murphy stated the intent of the condition was that the color be
compatible, not that it necessarily match.
Planning Commission Minutes -14- June 22, 1994
Motion: Moved by Melcher, seconded by McNiel, to adopt the resolution
approving Conditional Use Permit 94-15 with modification to delete the
condition requiring a trellis. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
, , , ,
H. SIGN ORDINANCE AMENDMENT 94-01 - CITY OF RANCHO CUCAMONGA - Consideration
of various amendments to the Sign Ordinance.
Brad Buller, City Planner, suggested that the item be moved to the end of the
agenda as the Commission may wish to move to a workshop setting.
Chairman Barker stated that was his preference.
OLD BUSINESS
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 94-02 - CRHO ARCHITECTS,
INC. - A request to construct an 8,540 square foot restaurant on a 2.2
acre parcel in the Office Park designation of the Tetra Vista Planned
Community, located at the northeast corner of Foothill Boulevard and
Spruce Avenue - APN: 1077-421-58.
Chairman Barker commented that Item I had been withdrawn by the applicant and
no Commission action was necessary.
, , , ,
Je
CONDITIONAL USE PERMIT 90-37 - FOOTHILL MARKETPLACE PARTNERS - Review of
pylon sign design for Foothill Marketplace, a commercial/retail center
located on the south side of Foothill Boulevard between 1-15 and Etiwanda
Avenue - APN: 229-031-41.
Scott Murphy, Associate Planner, presented the staff report. He noted the
item had been referred back to the Design Review Committee. He said the
Design Review Committee had not reached a consensus. He stated that
Commissioner McNiel had expressed concern about the visibility of the sign
from surrounding areas and Commissioner Melcher felt a more simplistic design
would be better because of the potential for four pylon signs at the
intersection and the thought that perhaps the four signs should be consistent
with each other rather than having four very different signs matching their
respective centers. He stated the applicant had provided several alternatives
based on comments made by Commissioner Melcher at the meeting and the signs
are in the 67 to 70 foot range. He said the signs have room for eight major
tenants and five logo graphics except that one of the major tenants is
eliminated in the 67-foot proposal.
Commissioner McNiel stated that Commissioner Melcher had proposed that a
simpler sign might be appropriate as opposed to the more ornate designs which
Planning Commission Minutes -15- June 22, 1994
had been presented and the applicant had graciously provided alternate
sketches. Me said his position remained unchanged as the sign has essentially
remained the same in size and he still felt it will be overwhelming.
Commissioner Melcher thought the flat top tends to make the sign appear more
impressive. He agreed that not all of the stores should be listed.
Chairman Barker invited public comment.
Greg Wattson, Foothill Marketplace Partners, 3620 Birch Street, #100, Newport
Beach, commented that for the last two years it had been the Commission's
direction that the sign should be designed using the components and
architecture of the project. He said he had modeled the new proposals after
the Palm Court sign in Fontana, based on a suggestion made by Commissioner
Melcher at the last design review meeting that the sign be simpler. He felt
the simpler design is cleaner and does not fight with the architecture of the
center. He said this was a freeway pylon sign and there could only be a few
more in the City. He stated the purpose of a freeway pylon sign is to attract
people off the freeway to stores in the center which are not visible from the
freeway.
Commissioner Melcher asked if the panels would be illuminated.
Mr. Wattson said the letters would be routed and only the letters would be
illuminated.
Chairman Barker asked the size of the Palm Court sign.
Mr. Wattson replied that it is 110 feet high by 38 feet wide.
Commissioner Lumpp asked how many tenants are on the Palm Court sign.
Mr. Wattson said there is a capability for eight tenants but only six names
are listed so far. He said that Ikea and Target also have their own signs.
Commissioner Melcher felt the sign design for Palm Court diminishes the
appearance of height.
Chairman Barker reiterated his feelings that the sign should not include so
many tenants because he thought people will not read it.
Commissioner Tolstoy observed the original sign was 57 feet high and the
applicant was now looking for an additional 13 feet.
Mr. Wattson said they could bring the sign down to 65 feet.
Commissioner Tolstoy felt that the sign with the square top would appear very
similar to the Sunrise Center sign. He opposed the look.
Commissioner Melcher felt the signs with the Foothill Marketplace semi-circle
on top appear to be a "tricked-up" version of the Sunrise Center sign.
Planning Commission Minutes -16- June 22, 1994
Commissioner Tolstoy did not agree.
Commissioner McNiel observed that the applicant's leases with the major
tenants contain clauses indicating that those tenants' names must be on a
freeway sign if a freeway sign exists. He said the C~ty has an optio.n to deny
the sign or to allow that large of a sign. He felt approval of a 65-70 foot
sign would lead to future requests from other applicants for ll0-foot signs.
He feared approval of a sign will set a dangerous precedent.
Commissioner Lumpp asked if Commissioner McNiel was totally opposed to a pylon
sign.
Commissioner McNiel said he is opposed to the concept that a successful center
requires such a sign. He observed that the buildings have signs on them which
are visible from a great distance on the northbound side of the freeway. He
thought most people who travel the freeway, travel both north and south.
Commissioner Tolstoy felt there should be a sign. He thought freeway
businesses need a sign and travelers on the freeway need a sign. He recalled
that during initial discussions he had suggested the logo signs be included.
He did not like the sign with the square top, but preferred the lower signs.
He objected to the number of tenants listed.
Mr. Wattson stated the lower sign had four tenants on each side, but the
tenants contacted him and indicated they would sue if their names did not
appear on both sides of the sign.
Commissioner Lumpp asked if the tenants would sue if the City denies the sign.
Mr. Wattson replied the leases do not require a sign, they merely require that
the tenants' names appear if there is a sign. He felt a sign would benefit
everyone.
Commissioner Lumpp asked if the tenants would sue if approval were granted for
a sign that just identifies the center.
Mr. Wattson replied that they would not build such a sign. He said they do
not need to advertise the center, but rather the businesses located within the
center. He stated that national chain stores would not advertise that they
are located within the Foothill Marketplace center.
Commissioner Melcher asked if such signs improve the financial performance of
tenants.
Mr. Wattson stated that the tenants have all indicated that it does. He
observed that PetsMart has indicated that 67 percent of their patrons learn
about their locations via sign. He commented that an increase in sales would
mean additional sales tax revenue for the City.
Commissioner Melcher felt that if the Commission denied the sign, it would be
approved upon appeal to the City Council.
Planning Commission Minutes -17- June 22, 1994
Commissioner McNiel did not deny the possibility that the Council would
approve the sign, but he felt he should reflect his opinion.
Commissioner Melcher said he understood, but he was trying to point out the
reality of a denial.
Chairman Barker did not like the square top; he preferred the design elements
of the previous designs with the semi-circular shopping center logo and felt
it made the sign appear smaller. He was not opposed to freeway identification
of centers.
Commissioner Melcher suggested revising the square topped sign to carry the
semi-circular shopping center logo. He felt that would have the effect of
reducing the top of the sign but would delete the other architectural elements
which he felt would make the sign even more obvious.
Commissioner Tolstoy favored the style with the semi-circular shopping center
logo and the enhanced base.
Commissioner Lumpp preferred the combination of the straight base with the
semi-circular top.
Chairman Barker agreed with Commissioner Tolstoy.
Commissioner Lumpp stated he did not like the flat top. He thought the
straight base is simpler and the other sign appears cluttered in the upper
area.
Commissioner Barker felt the whole sign will look like clutter.
Commissioner McNiel observed that the base of the sign will be seen in the
parking lot.
Mr. Wattson said it will be seen only by drivers in that corner of the parking
lot.
Commissioner Tolstoy preferred the sign with the enhanced base because he felt
it better mimics the rest of the center.
Chairman Barker agreed with Commissioner Tolstoy.
Commissioner Melcher suggested that the upper molding be turned over.
Chairman Barker and Commissioner Tolstoy agreed.
Mr. Wattson expressed a willingness to turn over the molding.
. Commissioner Lumpp agreed to accept the design acceptable to Commissioner
Tolstoy and Chairman Barker.
Motion: Moved by Tolstoy, seconded by Lumpp, to approve the 67-foot sign with
a modification to the cornice detail. Motion carried by the following vote:
Planning Commission Minutes -18- June 22, 1994
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
MCNIEL, MELCHER
NONE -carried
Commissioner Melcher observed that he was voting against the design, not
against having a freeway sign.
, , , , ,
DIRECTOR'S REPORTS
Ke
OAS INVESTORS - A request to consider adding Commercial Recreation Use in
the Specialty Commercial District within the Foothill Boulevard Specific
Plan.
Brad Buller, City Planner, presented the staff report.
Chairman Barker invited public comment.
William Walls, 941 Clear Creek Canyon Drive, Diamond Bar, said he planned to
open an upscale billiard and sports viewing club with a sit-down pizza
restaurant. He said he had obtained support from the Small Business
Administration, OAS Investors, and the other tenants in the center.
Commissioner Tolstoy asked the definition of upscale.
Mr. Walls replied that it is a plush type club catering to strictly adults and
they would be checking ID's of those going into the billiard portion of the
club. He said he was trying to cater to white collar type individuals.
There were no additional public comments.
Commissioner Melcher suggested that the Commission should act with their eyes
wide open. He reported the owners of the Book Cellar had told him they
relocated to a shopping center at Hellman and Foothill because a billiard club
had gone in at their previous center. He felt that the operation of this
proposed billiard club may be adjusted to suit a different clientele than what
was proposed because the main objective would obviously be to make money. He
thought the use could be successful but felt the Commission should be alert to
what has happened elsewhere. He favored moving forward with the amendment to
add Commercial Recreation to the Speciality Commercial District, but he felt
such a use may have to be regulated under the conditional use permit
application. He thought this particular location may be far enough from the
other elements of the shopping center so that it should work.
Commissioner Tolstoy noted the applicant was asking for a specific place, and
he agreed that may be a good location for that type of business.- However, he
noted that the amendment would allow the use in other places in the City and
those locations may not be sufficiently far enough away from residential
areas.
Planning Commission Minutes -19- June 22, 1994
Commissioner McNiel supported the concept. He noted that the billiard club
adjacent to the theatres in Upland caters to a younger group and sometimes
causes problems for theatre patrons. He thought this use would be similar to
the club which had recently been approved for the Masi Center.
Motion: Moved by Lumpp, seconded by McNiel, to direct to the applicant to
apply for a Foothill Boulevard Specific Plan amendment to add Commercial
Recreation as a conditional use in the Speciality Commercial District. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NONE
NONE -carried
The Planning Commission moved to the DeAnza Room for the balance of the
meeting.
H. 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, highlighting the
work of the Sign Task Force and the various options available to the
Commission.
Chairman McNiel praised the Sign Task Force's participation and their
efforts. He expressed his opinion that every time the Sign Ordinance has been
reviewed it has been weakened; however, he felt that most of what the Sign
Task Force had discussed was acceptable.
Chairman Barker suggested the Commission discuss the items individually and
reach consensus before moving on to the next type of signs.
Grand ODeninq Siqns:
Commissioner Melcher felt such signs should be required to include the opening
date for the business.
Paula Dempsey, Chamber of Commerce and Lewis Homes Management Corporation,
indicated that tenants commonly request a "Coming Soon" banner.
There was a general consensus that the proposed changes were acceptable
without a specific opening date display requirement.
TemDorarv AdvertisinQ Signs:
Ms. Dempsey felt the proposed changes were positive because business owners
would have greater flexibility. She indicated that the changes are consistent
with what her tenants typically ask for.
Planning Commission Minutes -20- June 22, 1994
There was consensus that the proposed changes were acceptable.
Monument SiGns:
Mary Rohrer, Diversified Properties Co., stated that the Sign Task Force had
discussed the possibility of allowing property owners to choose either Option
1 or Option 2 presented in the staff report. She felt that property owners
need such flexibility to respond to tenant needs and unusual site constraints.
Chairman Barker agreed that such flexibility may be needed based upon the
layout of the project.
Ms. Dempsey indicated that Lewis and Diversified had surveyed other cities
regarding monument sign regulations and determined that, even with the
proposed changes, Rancho Cucamonga represents the more conservative approach
to signs.
Ms. Rohrer agreed and listed the following survey results.
Montclair - 60 sq. ft. (10 ft. high x 6 ft. wide)
Ontario - 100 sq. ft. (20 ft. high)
Upland - one 100 sq. ft. (16 ft. high) or two 60 sq. ft. (8 ft. high)
Fontana - 30 sq. ft. (6 ft. high) or pylon with no limit
Fountain Valley - 50 sq. ft. (8 ft. high)
Irvine - 50 sq. ft. (6 ft. high)
Mission Viejo - 36 sq. ft. (6 ft. high)
Costa Mesa - 125 sq. ft. (25 ft. high)
Dana Point - 100 sq. ft. (20 ft. high)
Commissioner McNiel said the survey cities reflect the trend to have bigger
signs. He felt that what other cities do should not be the basis for what
Rancho Cucamonga does, unless we want our community to become commonplace.
Ms. Dempsey thought that Option 1 should allow 8-foot high signs instead of
the proposed maximum of 6 feet. She noted that the City's current sign
regulations allow 8-foot high monument signs.
Mr. Coleman indicated that the lower height was recommended to discourage
24 square foot monument signs that are 8 feet high and only 3 feet wide, which
would appear disproportionate.
Ms. Rohrer also felt that Option 1 should be increased to 8 feet high in order
to allow space for architectural embellishments.
Brad Bullet, City Planner, pointed to Exhibit "D-l," which illustrates how a
24 square foot monument sign could be horizontally oriented and still have
2 feet for architectural features.
Commissioner Melcher asked if the Sign Task Force discussed wall signs.
Ms. Dempsey replied that the Task Force had discussed wall signs but focused
on signs at the street as directed by City Council. She indicated a desire to
Planning Commission Minutes -21- June 22, 1994
continue discussions with the Commission regarding other sign issues that
would include wall signs. She commented on the importance of signs as a
marketing tool for small businesses.
Dave Newsome, Lewis Homes Management Corp., indicated that the retail trade
has undergone major changes in the last decade. He stated that the trend
today is for big box discount retailers in shopping centers. He felt that
future shopping centers will feature fewer small tenants.
Commissioner McNiel felt that Option 1 was acceptable with the 6-foot height
limit.
Commissioner Lumpp asked what would prevent tenants from violating the
ordinance under the either/or option.
Ms. Dempsey stated that Lewis Homes Management Corp. would not automatically
demolish existing monument signs in their shopping centers to take advantage
of additional sign opportunities under the proposed ordinance. She said that
if more than two monument signs are allowed per street frontage, then they may
construct a second monument to provide more tenants the opportunity for
identification at the street.
Mr. Newsome commented that property owners could include a copy of the
approved Uniform Sign Program for the shopping center in their leases as a
means of notifying the tenants of their sign restrictions.
Chairman Barker expressed his opposition to 8-foot high monument signs because
they are not pedestrian in scale.
Commissioner Melcher expressed concerns with allowing two monument signs per
street.
Ms. Dempsey felt that the minimum 300-foot spacing proposed by staff provides
adequate separation between signs.
Mr. Buller indicated that staff simply needs Commission direction in order to
prepare an ordinance for consideration.
Chairman Barker liked Options 1 and 2 with an either/or possibility.
indicated that he prefers the horizontal sign format.
He
Commissioner Melcher felt that Option i is the best because it allows more
tenants to be identified at the street. He thought an 8-foot height is too
much for a 24 square foot monument sign. He said he would support an
either/or possibility with Options 1 and 2.
Chairman Barker noted that the City requires undulating berms to screen
parking areas which results in a greater apparent sign height.
Commissioner Lumpp stated a preference for Option 1; however, he felt that
more signs will not increase business for tenants.
Planning Commission Minutes -22- June 22, 1994
Ms. Dempsey opposed the recommendation that major anchors be limited to
50 percent of the sign area. She preferred Options 1 and 2 with an either/or
possibility.
Commissioner McNiel felt that Option 2 should not be allowed for all shopping
centers. He felt that smaller centers do not need a 48 square foot sign. He
asked that criteria be developed for when Option 2 can be used.
Commissioner Tolstoy preferred Option 1, but said he would entertain Option 2
if criteria were developed as suggested by Commissioner McNiel.
Chairman Barker asked the property owner representatives to submit reasonable
criteria for application of Option 2. In addition, he asked that the criteria
address location of monument signs to protect views into the shopping
centers. He requested that the proposed 300-foot spacing be reviewed for
existing shopping centers to see if it is reasonable.
Ms. Dempsey requested that no limit on the percentage of sign area devoted to
major anchors be included in the ordinance. She felt that should be
determined through review of Uniform Sign Programs. She commented that such a
limitation would not allow for creativity.
Mr. Coleman indicated that the 50 percent limit on majors was intended to
preserve adequate sign space for smaller tenants in response to the direction
given by City Council. He noted that absent such a limit, majors could use
the entire sign area.
Commissioner Melcher supported the 50 percent limit on major anchors.
Chairman Barker commented that the 50 percent limit seemed to address the
needs of the small businesses.
Commissioner Melcher suggested that the City require the major anchor tenants
to be identified on the sign and let the property owner determine what other
tenants should have street signage.
Commissioner Tolstoy indicated that staff should prepare language for the
Commission to consider.
Chairman Barker commented that the 50 percent limit would protect property
owners from being pressured by major anchors. He requested that staff
investigate alternative language that would allow sufficient area for small
tenants.
It was the consensus of the Commission that staff provide an ordinance
reflecting the Commission's direction for consideration on July 27, 1994.
· , · , ,
COMMISSION BUSINESS
L. DESIGN REVIEW COMMITTEE APPOINTMENTS
Planning Commission Minutes -23- June 22, 1994
Commissioner McNiel asked to be removed from the Committee because of time
constraints.
Commissioner Melcher said he would be willing to continue to serve on the
Committee in the interest of continuity but he wished to be replaced the next
time.
Chairman Barker appointed Commissioners Melcher and Lumpp to serve on the
Design Review Committee with Commissioners Tolstoy and McNiel and Chairman
Barker serving as alternates.
M. DISCUSSION OF FISCAL YEAR 1994/95 WORK PROGRAM
It was the consensus of the Commission that the item be placed on a future
agenda.
ADJOURNMENT
12:50 a.m. - The Planning Commission adjourned to 6:00 p.m. on July 13, 1994,
for a workshop on Town Center Square.
Respectfully submitted,
Secretary
Planning Commission Minutes -24- June 22, 1994