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HomeMy WebLinkAbout1994/01/12 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting January 12, 1994 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:07 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: Shintu Bose, Deputy City Engineer; Brad Buller, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Beverly Luttrell, Associate Planner; Scott Murphy, Associate Planner; Shelley Petrelli, Planning Division Secretary , , , , ANNOUNCEMENTS Brad Bullet, City Planner, requested the Commission's assistance in determining a date for a workshop on the North Town Affordable Housing project. He stated that staff would like to conduct another workshop to discuss how the proponents have attempted to address the parking situation within that 88-unit project. He gave the following dates for a potential workshop: January 26, February 2, and February 9, 1994. The Commission selected February 9, 1994, at 5:00 p.m. for the workshop. Mr. Bullet announced that the Sign Task Force will likely be bringing ideas to the Commission regarding the sign ordinance revisions in March. Mr. Buller asked the Commission if they still wanted to meet on February 8 to discuss Commission Goals and Priorities. He stated that would mean meeting on two nights in a row. The Commission concurred that was all right. Mr. Buller stated he had a previous engagement and he would not be able to attend the February 8 meeting. , , , , , MINUTES Motion: Moved by McNiel, seconded by Tolstoy, approved 5-0 as amended, to adopt the minutes of the adjourned meeting of December 14, 1993. Motion: Moved by Melcher, seconded by McNiel, approved 5-0 as amended, to adopt the minutes of December 21, 1993. , , , , CONSENT CALENDAR Ae DESIGN REVIEW FOR TENTATIVE TRACT 13565 (PHASES 8, 9, AND 10) - STANDARD PACIFIC - The design review of building elevations and detailed site plan of Phases 8, 9, and 10 of a previously County approved map consisting of 113 single family lots on 49.2 acres of land north of Summit Avenue and east of Wardman Bullock Road - APN: 226-22, 25, 26, and 27. Motion: Moved by McNiel, seconded by Melcher, carried 5-0, to adopt the Consent Calendar. , , , , PUBLIC HEARINGS Be ENTERTAINMENT PERMIT 93-05 - ZENDEJAS MEXICAN RESTAURANT - A request to provide live jazz music in conjunction with a restaurant and lounge use, located at 7945 Vineyard Avenue - APN: 208-101-25. Steve Hayes, Associate Planner, presented the staff report. Commissioner McNiel asked if staff had any concerns regarding parking when the center is fully leased. Mr. Hayes stated he did not foresee any parking problems later. Chairman Barker opened the public hearing. Mr. Raul Zendejas, owner of the restaurant, stated he would like to expand his original request and extend his entertainment permit to three days and extend the hours by a couple of hours. He stated that he had spoken with Mr. Hayes who had instructed him to make his extension request tonight. Commissioner Lumpp stated he had been to the site and felt that an expanded extension would be fine; in fact, he had wondered why the applicant had not asked for it initially. Commissioner Melcher asked Mr. Zendejas which days and how many hours he wished to extend his original request. Mr. Zendejas responded that he wished to extend his entertainment permit request to include Thursday, Friday, and Saturday from 5:00 p.m. to 11:00 p.m. Planning Commission Minutes - 2 - January 12, 1994 Commissioner Melcher asked what time the restaurant and bar usually close. Mr. Zendejas responded that the restaurant closes at 10:00 p.m. and the bar at 11:00 p.m. Chairman Barker closed the public hearing. Commissioner McNiel supported granting the extension. Commissioners Melcher and Tolstoy concurred. Motion: Moved by Tolstoy, seconded by McNiel, to approve Entertainment Permit 93-05, with the modification to permit entertainment on Thursdays, Fridays, and Saturdays, between the hours of 5:00 and 11:00 p.m. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NONE NONE -carried , , , , , Ce MODIFICATION TO CONDITIONAL USE PERMIT 79-01 - UNOCAL - A request to modify the color scheme for a gas station within the Rancho Town shopping center, in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located at 9082 Foothill Boulevard - APN: 208-101-17 through 20, 49, and 50. A letter from the applicant's attorney, Mr. Howard Stilldorf, was received and filed. Nancy Fong, Senior Planner presented the staff report. Commissioner McNiel asked if additional lighting had been placed at the station. Ms. Fong responded affirmatively and stated that the applicant had brought the lighting down to the fascia of the canopy and that lighting is no longer an issue. Commissioner McNiel stated he had heard that the old Gemco building may be in use and asked for verification on that. Ms. Fong responded that staff had received tenant improvement plans for approximately one-half of the building for a discount store (owned by Target) called "Smart." Chairman Barker asked if Commissioner Melcher had any questions to bring up since he was on the Design Review Committee. Planning Commission Minutes - 3 - January 12, 1994 Commissioner Melcher stated that the staff report was an accurate accounting of what took place at Design Review. He stated that some options had been discussed, but in a general context. Chairman Barker opened the public hearing. Mr. Howard Stilldoff, counsel for Unocal, 1810 State Street, San Diego, stated he would be passing out a copy of the letter they sent out, a copy of the petition that was signed by 65 customers, and a diagram of a color board from Unocal. He commented that the grey color the station has been painted is so light that you can't even see it on the diagram. He stated the colors that they feel have been found objectionable are the dark grey color (at the base of the building) and the orange stripe (at the top of the building). He said they were willing to repaint the canopy part, which includes the stripe, with the light grey color. He further stated that, if the Commission wants the bottom portion repainted, the applicant would prefer to make it a light color. He commented that they would be very opposed to repainting it a dark chocolate color. He said the center has had security problems in the past so the applicant would prefer to keep the color light. He stated it is their desire to cooperate with the City and that they would prefer not having to come back to resolve this issue, if possible. Mr. Austin Shin, 1899 Palomino, Upland, station dealer, stated that he was glad that there will be activity in the center because it has been empty for several years. He also stated that he had three customers robbed at his station between 7 and 11:00 p.m. during the past two years. However, since the station was painted with the new colors, customers and other tenants in the center have told him they feel safer. He stated he would like to keep the colors the same because he needs all the help he can get just to stay business these days. Commissioner Lumpp asked Mr. Shin if he understood him correctly that people had been robbed as a result of the earthtone colors and that the new colors will increase his business. Mr. Shin responded that there have been no robberies since repainting the building and that people have told him they feel safer with the new color. He commented that he has installed new lighting which makes the color stand out. He said if people feel safer at night, he will not be losing customers, especially since he is open 24 hours and the rest of the center closes at 7:00 p.m. Commissioner Lumpp asked if he felt the new colors would increase his business. Mr. Shin responded that he sure hoped so. Commissioner Lumpp asked Mr. Shin if he has actually had an increase in business since repainting. Mr. Shin responded that he had initially seen an increase, but business had decreased some in the last month. Planning Commission Minutes - 4 - January 12, 1994 Chairman Barker asked if the new lighting was installed at the same time the station was repainted. Mr. Shin responded affirmatively. Chairman Barker closed the public hearing. Commissioner Tolstoy stated he was strongly opposed to changing the Commission's current policy regarding uniform color schemes for shopping centers because it makes the centers more attractive. He suggested that they paint the station to match the light-colored stucco finish in the shopping center and eliminate the orange stripe. Chairman Barker asked staff if the owners of the center had any plans to repaint the center. Ms. Fong stated that they had not heard anything from Lewis Homes regarding a desire to change the color scheme at the center. Commissioner McNiel asked if staff could contact Lewis Homes and see if they were considering modernizing the center with a lighter color; if not, he stated he agreed with Commissioner Tolstoy that the building should be painted to match the light stucco in the center. He commented that he did not feel that color was an issue where personal safety is concerned. Commissioner Melcher con~nented, the orange stripe could be repainted, but he did not want to ask the owner to repaint the whole building again; he felt that would be an undue burden for the owner. Commissioner Lumpp asked if Commissioner Melcher thought the Commission should change its policy. Commissioner Melcher replied that he thought the policy should be examined. Commissioner Lumpp agreed with Commissioner Melcher that repainting the whole building would be an undue burden for the owner, but suggested that the decrease in robberies was more likely due to the additional lighting rather than the color of the building. He stated that the lights facing Foothill should be turned downward so as not to impair the vision of motorists. He suggested, in regard to the building's colors, leaving the light color as is, removing the orange stripe, and repainting the grey-tone on the bottom of the building to a light tan color to match the center. He suggested a second option of leaving the light grey/white color as is, painting the two mullions along the fascia the same color as the stucco color of the center, painting the bottom portion in the same tan color of the shopping center, and removing the orange stripe. Chairman Barker stated he preferred that no action be taken until the Commission finds out if the owner is planning to repaint the center. He suggested that some type of shutter could be installed on the lights to maintain security in the area as well as preventing the lights from shining into motorists' eyes. He stated he also felt it was important to maintain a Planning Commission Minutes - 5 - January 12, 1994 color scheme within the center and he thought Commissioner Lumpp had some workable suggestions along those lines. Chairman Barker reopened the public hearing to ask the applicant if he was in agreement with a continuance on the project. Mr. Stilldorf asked if the Commission wanted the applicant to come up with new color boards, submit them to staff, and come back before the Commission. Chairman Barker responded affirmatively. Mr. Stilldorf stated that would be acceptable. correct the lighting problem. He stated they would also Chairman Barker closed the public hearing. Motion: Moved by McNiel, seconded by Tolstoy, approved 5-0, to bring back Conditional Use Permit 79-01 as a consent calendar item with a resolution modifying the colors to staff's satisfaction for upon the conclusion of discussions with Lewis Homes. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NONE NONE -carried , , , , , CONDITIONAL USE PERMIT 93-50 - CASSARO - A request to keep an alligator within the rear yard area of a single family residence in the Low Residential designation (2 - 4 dwelling units per acre), located at 7721 Arroyo Vista Avenue - APN: 207-424-07. A letter from Mrs. Brenda L. Wood opposing the project was received and filed. Scott Murphy, Associate Planner presented the staff report. Commissioner Melcher questioned why the issue was before the Commission now instead of six years ago when Mr. Cassaro first obtained the alligator. Mr. Murphy replied Mr. Cassaro is now trying to obtain permits from the state and federal authorities to keep the alligator and staff had not previously been aware of the situation as there had been no complaints from neighbors. Chairman Barker opened the public hearing. Mr. Chris Caesaro, 7721 Arroya Vista Drive, Rancho Cucamonga, explained that the alligator had been taken into a pet shop several years ago and incorrectly identified as another type of crocdylia (Caymen) which was legal at the time. He said an employee had taken the alligator home and when he could no longer keep the reptile, he had asked Mr. Cassaro to care for it. Mr. Cassaro stated he has extensive experience in caring for reptiles and he took the alligator for the reptile's protection because it was in an unsuitable Planning Commission Minutes - 6 - January 12, 1994 environment. Me stated that he had almost 30 years experience working with reptiles on a professional level and he also lectures and educates high school students as well as other interested individuals on the care of these reptiles. He said when he contacted authorities to obtain state and federal permits he had been advised to get the appropriate permits from the City first. Me further commented that he had spoken with his neighbors regarding their concerns and they had signed a petition in favor of his keeping the alligator. He stated that the alligator could not be integrated into a zoo or other private collection because there are problems, such as parasites, that may contaminate other reptiles 'and thereby potentially destroy both reptiles' ecosystems. He requested approval to keep the alligator and said several neighbors were in the audience in support of his efforts. Commissioner McNiel asked for verification that the alligator is nine years old and four feet long. Mr. Cassaro responded that was correct. He further stated that he felt that the reptile had been dwarfed early in his life by being placed in an improper environment. Commissioner McNiel asked the average life-span of an alligators and how large it would get. Mr. Cassaro replied they can live to be 70 to 100 years old. He said his alligator is considered to be a dwarf by professionals, but that it probably has the potential of growing from 5 1/2 to 6 feet in length and possibly to 100 pounds. Commissioner McNiel asked if such a large reptile could be managed. Mr. Cassaro responded it could, under the care of an individual with the appropriate experience. Commissioner Lumpp asked if the animal was ever allowed to roam in the back yard. Mr. Cassaro replied it is not allowed to roam freely. He commented that he has built a fairly elaborate enclosure for the alligator, from both a safety and environmental standpoint. Mr. Chris Giacolotti, 1274 Dorian Court, Upland, stated he is a professional herpetologist and that he lectures for Arizona Fish and Wildlife and the Los Angeles Police Department. He commented that he has known Mr. Cassaro for several years and vouched for the fact that he is very experienced in the care of reptiles. He stated that he did not think the alligator would even achieve the size that Mr. Cassaro had estimated. He also stated that his enclosure is very safe. Several of Mr. Cassaro's neighbors and friends vouched for his ability to care for the alligator as well as the safety and cleanliness of the reptile's enclosure. Several neighbors stated that they have children and they have no reservations about having the alligator in their neighborhood under Mr. Planning Commission Minutes - 7 - January 12, 1994 Cassaro's care; in fact, they opportunity for their children. behalf: stated it was an excellent educational The following people spoke on Mr. Cassaro's Pam Giacolotti, 1274 Dorian Court, Upland Michael Kavanaugh, 7731 Arroyo Vista Marjorie Kelsey, 7730 Arroyo Vista Larry Gonzales, 7751 Arroyo Vista Kenneth Perry, 7770 Arroyo Vista Matthew Kruls, 7740 Arroyo Vista Kevin Hobbs, 7780 Arroyo Vista Rich Meyers, 1802 E. Hawthorne, Ontario. Chairman Barker asked if there was anyone to speak in opposition to Mr. Casearo's request. Hearing no comments, Chairman Barker closed the public hearing. Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to adopt Conditional Use Permit 93-50. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NONE NONE -carried , , , , NEW BUSINESS Ee DESIGN REVIEW 93-19 - MASI - The review of Buildings 5, 14, 15, and 16 of an approved Conditional Use Permit 91-24, located on 27 acres of land at the southwest corner of Foothill Boulevard and Rochester Avenue, in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan - APN: 229-011-10, 19, 21, 26, 27, and 28. Dan Coleman, Principal Planner, presented the proposal and indicated that the applicant was seeking approval of the design review for Buildings 5, 14, 15, and 16 and the related site plan modifications. John deFrenza, Architect, indicated to the Commission the changes that had been made to the project since the last Commission workshop on December 21, 1993. Commissioner Melcher questioned whether or not there are traffic concerns due to existing traffic from this drive aisle onto Foothill Boulevard. Mr. deFrenza indicated that the right turn pocket and the drive aisle location had been approved by CalTrans and had gone through the City's technical plan check. Commissioner McNiel asked if there would be any paving enhancement along the drive aisle. Planning Commission Minutes - 8 - January 12, 1994 Mr. deFrenza responded that he attempted to minimize the drive width and enhance the pedestrian experience. He did not think the drive aisle should be a vehicular focal point. Commissioner McNiel believed a focal point is needed at the end of the drive aisle. He stated that the entryway provides immediate access to the Old Spaghetti Factory and Sam's Place and he thought it would be a significant vehicular approach to the project site. Commissioner Melcher suggested reducing the width of the drive aisle. Mr. deFrenza indicated that the drive aisle could be reduced by 7 feet to provide a minimum 28-foot curb-to-curb width. Chairman Barker agreed this entryway from Foothill Boulevard would be a major entry into the project, due to human nature, regardless of the designer's intent. Commissioner McNiel suggested enhanced landscaping could be adequate as a focal point. After Commission discussion, Brad Bullet, City Planner, summarized the direction as: Narrow the entry aisle between Buildings 4 and 5 to 28 feet in width, curb-to-curb. Provide an accent or focal point along this drive, one at the first drive aisle intersection north of Buildings 4 and 5, the second at the terminus of the drive. Modify the north elevation of Building 12 at the terminus of the drive aisle off Foothill Boulevard to ensure some type of focal point. This modification shall be subject to review and approval by the Design Review Committee. Commissioner Tolstoy questioned the truck delivery/loading area for the Old Spaghetti Factory. Mr. deFrenza indicated that five times per year deliveries would be from 18-wheel delivery trucks (48 feet long) and 44-foot long vehicles would provide monthly deliveries. He indicated that the area would be striped as a loading zone. He questioned whether or not some type of intermediate focal point was necessary and if textured paving would be adequate. Mr. Bullet indicated they would need to upgrade the the four landscape islands at the terminus of the drive, provide interlocking pavers along the entire throat, and incorporate a design focal point to mark the transition into the parking lot. Chairman Barker voiced concern that they were close to reaching an agreement but seemed to be arguing over two parking spaces. Planning Co~unission Minutes - 9 - January 12, 1994 Commissioner Melcher indicated that Building 5 (Old Spaghetti Factory) still needed review. Commissioner Tolstoy expressed concern over the mass of the trellis on the west elevation of Building 5. Mr. Buller summarized the meeting and noted that the proposal was acceptable with the following issues to be returned to the Design Review Co~unittee for review and approval prior to the issuance of building permits: West elevation of Building 5 and landscape treatment. North elevation of Building 12 at the terminus of the drive aisle. A comprehensive landscape and pavement treatment plan of the entire drive aisle shall be subject to review and approval of the City Planner. This drive shall be narrowed to 28 feet in width, curb-to-curb. , , , , PUBLIC COMMENTS There were no additional public comments. , , , , COMMISSION BUSINESS Commissioner Lumpp requested an update on the Regional Comprehensive Plan. Commissioner Melcher stated he would not be present at the February I Design Review meeting. Commissioner Tolstoy stated he would like to attend the Sign Task Force meeting on the same day as the Design Review meeting, but he would like someone else to attend Design Review as an alternate for Commissioner Melcher. Commissioner Lumpp volunteered to be the alternate for the Design Review meeting. ADJOURNMENT The Planning Commission adjourned at 10:10 p.m. Respectfully submitted, Secretary Planning Con~nission Minutes - 10 - January 12, 1994