HomeMy WebLinkAbout1993/02/10 - Minutes - PC-HPCCITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
February 10, 1993
Vice Chairman Chitiea called the Regular Meeting of the City of Rancho
Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in
the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center
Drive, Rancho Cucamonga, California. Vice Chairman Chitiea then led in the
pledge of allegiance.
ROLL CALL
COMMISSIONERS:
PRESENT:
Suzanne Chitiea, Larry McNiel (arrived
7:03 p.m.), John Melcher, Wendy Vallette
ABSENT:
Peter Tolstoy
STAFF PRESENT:
Brad Buller, City Planner; Nancy Fong, Senior Planner;
Ralph Hanson, Deputy City Attorney; Dan James, Senior
Civil Engineer; Steve Ross, Assistant Planner; Gail
Sanchez, Planning Commission Secretary
ANNOUNCEMENTS
Brad Buller, City Planner, announced that the City had received a letter from
the attorney for Item E, requesting that the matter be withdrawn.
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APPROVAL OF MINUTES
Motion: Moved by Melcher, seconded by Vallette, carried 3-0-1-1 with Tolstoy
absent and Chitiea abstaining, to adopt the minutes of the Adjourned Meeting
of January 19, 1993.
Motion: Moved by Vallette, seconded by Chitiea, carried 3-0-1-1 with Tolstoy
absent and Melcher abstaining, to adopt the minutes of January 27, 1993.
CONSENT CALENDAR
Ae
TIME EXTENSION FOR DESIGN REVIEW FOR TENTATIVE TRACT 13565 - STANDARD
PACIFIC - A request for a time extension of the design review of building
elevations and detailed site plan for Phases 6, 7, and 8 of a previously
County approved map consisting of 125 single family lots on 55.7 acres of
land north of Summit Avenue and east of Wardman Bullock Road - APN:
226-082-16, 17, and 27.
TIME EXTENSION FOR TENTATIVE TRACT 13835 - HOMESTEAD - A request for a
time extension for a residential subdivision of 78 single family lots on
25 acres of land in the Low Residential District (2-4 dwelling units per
acre) located at the northeast corner of Highland and Rochester -
APN: 225-152-01 through 04 and 18.
Motion: Moved by Chitiea, seconded by Vallette, carried 4-0-1 with Tolstoy
absent, to adopt the Consent Calendar.
PUBLIC HEARINGS
CONDITIONAL USE PERMIT 92-33 - CLAUDINE EUBANK - A request to allow a
massage establishment within a 1,610 square foot leased space in an
existing commercial center on 9 acres of land in the General Commercial
District located at 7890 Haven Avenue, Suite 14 - APN: 1077-401-29.
Steve Ross, Assistant Planner, presented the staff report.
Commissioner Melcher asked when the application had been submitted.
Mr. Ross responded December 17, 1992.
Chairman McNiel opened the public hearing.
Claudine Eubank, applicant, 5465 Triple Crown Drive, Bonsall, stated she has
been a masseuse for the past 20 years in Europe and South Africa. She said
she had started to process her application in June or July 1992 but had not
formally submitted until December. She said she has been providing skin care
including body wraps and electrolysis and would like to add massage to the
list of services. She stated she was sorry her business was classified as
adult entertainment because she did not feel her business should be in that
category.
Commissioner Melcher felt there may be some security problems in the
commercial center in which the business is located, in that the bank has had
two hold-ups in the last 60 days.
Ms. Eubank stated the center has a security guard.
Commissioner Melcher asked if Ms.. Eubank had previously run a massage business
in the United States.
Ms. Eubank replied she had formerly had such a business in San Diego and also
in Orange County.
Hearing no further testimony, Chairman McNiel closed the public hearing.
Commissioner Melcher stated he was in favor of the business, but he feared
that all the requirements of Ordinance No. 485 might not be met. He noted
that Section 9.24.060(g) of the ordinance requires adequate bathing, dressing,
Planning Commission Minutes -2- February 10, 1993
locker, and toilet facilities including separate toilets and wash basins for
male and female customers. He observed that the floor plan provided did not
appear to show most of the necessary facilities and he was not sure if the
Business License Section is used to reviewing plans. He thought the matter
should be clarified before approval of the Conditional Use Permit.
Chairman McNiel stated that the business would have to comply with the terms
of the ordinance.
Commissioner Melcher remarked that staff had indicated that the Administrative
Services Director would issue the Massage Establishment Permit after the
lO-day appeal period following approval of the Conditional Use Permit.
Chairman McNiel asked if the Conditional Use Permit were approved and
conditioned, if the Business License Section would automatically approve the
Massage Establishment Permit.
Brad Buller, City Planner, noted that a business license is not a regulatory
device and cannot be used as such. He thought if tenant improvements are
necessary to comply with the ordinance, those tenant improvements would be
required. He said the Massage Establishment Permit can be issued once the
requirements of the ordinance are met. He noted that the Administrative
Services Division is responsible for administering certain aspects of the
ordinance including ensuring that the conditions are met. He felt the
Commission could withhold action or they could approve the Conditional Use
Permit and the applicant would still have to comply with the requirements
listed in the ordinance.
Commissioner Melcher thought the City Council felt the issue is sensitive. He
preferred that the questions about reviewing be answered prior to Planning
Commission approval since the application is the first under the new
ordinance.
Mr.- Buller asked if the applicant understood that the current plan does not
comply with the ordinance requirement for shower, locker, and separate
restroom facilities for the clients and she would be required to make
amendments to the floor plan and comply with all building codes as well as the
ordinance.
Chairman McNiel reopened the public hearing.
Ms. Eubank stated she thought she could comply with the regulations but she
said she works by appointments and men and women would not be scheduled at the
same time. She did not feel she should have to provide separate toilet
facilities since men and women would not be there at the same time. She said
she has only one restroom which is intended for both men and women.
Mr. Buller said that the question was raised because the ordinance states that
if the service is provided for both men and women, separate toilet facilities
must be provided. He noted that with three to four treatment rooms it would
be difficult for the City to ascertain that male and female clients were not
scheduled at overlapping times. He thought it may be possible to condition
Planning Commission Minutes -3- February 10, 1993
the application to have only one massage client on premises at any one time,
but that would be difficult to enforce.
Ms. Eubank said it would be difficult to run the business with a restriction
of only one client at a time. She thought she should not be required to go to
the expense of adding another restroom so long as men and women are not
scheduled at the same time, but indicated she would go to the expense of
adding another restroom if the City insisted.
Mr. Buller suggested that if the other Commissioners agreed the issue should
be further investigated before approving the Conditional Use Permit, staff
could meet with the Administrative Services Director and the Building Official
and return the matter in two weeks.
Chairman McNiel again closed the public hearing.
Commissioner Melcher stated he understood the Planning Commission's role, but
he feared the review process may not provide the safeguards that were intended
by the Council, and he thought perhaps the Planning Commission may need to
expand its role. He felt the matter should be resolved prior to voting on the
Conditional Use Permit. He stated that he did not oppose the use, but noted
that the regulations had recently been strengthened through a new ordinance
and he wanted to be sure the intent was met.
Chairman McNiel concurred that the ordinance is specific, but he felt it may
be over-restrictive for a three-station facility. He thought the separate
restrooms should definitely be required of a larger facility. He thought
perhaps the matter should be clarified before voting.
Commissioner Melcher noted that the facility has four treatment rooms and he
did not see the required tub or shower depicted on the floor plan. He thought
someone needs to be sure the requirements are being met.
Chairman McNiel agreed.
Mr. Buller thanked Commissioner Melcher for questioning the matter. He
suggested that the matter could be continued for a two-week period to allow
staff an opportunity to investigate further or the Commission could approve
the application with a condition that the Administrative Services Director not
approve the Massage Establishment Permit until all conditions of Ordinance
No. 485 are met.
Chairman McNiel felt perhaps the ordinance should be reviewed in terms of the
number of facilities in relation to the number of stations. He thought the
ordinance may be more restrictive than needed for a small operator.
Commissioner Chitiea agreed Commissioner Melcher's point was good. She felt
the Commission should be sure that everything is in order and precedent is
appropriately set since this was the first application under the new
ordinance. She said she would feel more comfortable having the matter
returned to the Commission after the questions are answered.
Planning Commission Minutes -4- February 10, 1993
Commissioner Vallette said she would agree to having the matter return to the
Planning Commission but she would also support immediate approval of the
resolution with the administrative staff handling the matter.
Chairman McNiel felt that either the requirements of the ordinance would be
met or the permit would not be granted.
Commissioner Vallette suggested they could approve the application and add a
condition requiring two restrooms.
Motion: Moved by Melcher, seconded by Chitiea, to continue Conditional Use
Permit 92-33 to February 24, 1993, to address the questions regarding
Section 9.24.060(g) of Ordinance No. 485.
Chairman McNiel reopened the public hearing.
The motion to continue Conditional Use Permit 92-33 to February 24,
carried by the following vote:
1993,
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
CHITIEA, MCNIEL, MELCHER, VALLETTE
NONE
TOLSTOY -carried
STREET NAME CHANGE 92-02 - CITY OF RANCHO CUCAMONGA - A request to change
the street name "Vincent Avenue" to "White Oak Avenue" between Arrow
Highway and the A.T. & S.F. Railroad tracks north of 8th Street.
Steve Ross, Assistant Planner, presented the staff report.
Chairman McNiel opened the public hearing. Hearing no testimony, he closed
the hearing.
Motion: Moved by Melcher, seconded by Vallette, to adopt the resolution
approving Street Name Change 92-02. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
CHITIEA, MCNIEL, MELCHER, VALLETTE
NONE
TOLSTOY -carried
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DIRECTOR'S REPORTS
USE DETERMINATION 92-03 - ADAMS - A request for the Planning Commission to
determine whether fortunetelling is a permitted or conditionally permitted
use in the Specialty Commercial Zone of the Foothill Boulevard Specific
Plan. (Continued from January 13, 1993.)
Chairman McNiel observed that the City had received a letter from the
applicant's attorney requesting that the item be withdrawn.
Planning Commission Minutes -5- February 10, 1993
F. THE HILLSIDE ORDINANCE - CITY OF RANCHO CUCAMONGA - The consideration of a
proposal to amend the Hillside Ordinance.
Nancy Fong, Senior Planner, presented the staff report.
Commissioner Vallette thought the matter had come up as the result of a
single-family home being reviewed by the Design Review Committee. She said
she realized staff time is scarce but she thought the matter to be a priority
item because she felt development in the hillside areas continues to be below
the standards seen elsewhere in the City.
Commissioner Melcher stated he had met with Mr. Buller on Monday to discuss
the work program. He said he was uncomfortable with shotgunning one issue and
he thought the Commission should review the entire Work Program at a Planning
Commission workshop. He agreed that the Hillside Ordinance needs to be
addressed, but he thought the whole picture should be considered.
Chairman McNiel agreed it would be a good idea to schedule a workshop.
Brad Buller, City Planner, suggested the work program be added to the agenda
on March 3, 1993.
It was the consensus of the Commission that a workshop be scheduled for
March 3, 1993.
Mr. Buller stated he would provide the summary sheets along with a description
of each item.
Commissioner Melcher asked that the material be provided early.
*****
G. LANDSCAPE HYDRO ZONES
Brad Buller, City Planner, stated Commissioner Vallette had asked that the
item be placed on the agenda as a result of a meeting conducted by the Water
District. He said Mr. Perry had written a book-describing the concept and Mr.
Perry would be discussing and signing his book on Sunday, February 21 from
1:00 - 3:00 p.m. at the Rancho Santa Ana Botanical Gardens.
Commissioner Vallette noted that Mr. Perry had discussed three different zones
for hydro zoning. She asked how that would pertain to the current Xeriscape
Ordinance.
Mr. Bullet said the concept was that plants with certain water needs be placed
with plants with like needs and those needs should be considered in the early
phases of landscape design.
Commissioner Vallette asked how the concept is currently addressed through the
planning process.
Planning Commission Minutes -6- February 10, 1993
Mr. Buller said that landscape plans are reviewed for compliance with the
Xeriscape Ordinance.
Commissioner Vallette asked if the hydroscape zones are indicated on plans.
Mr. Buller stated those zones are not currently identified.
Commissioner Vallette asked if such a procedure could be initiated if the
Commission felt it was a priority.
Mr. Buller stated that staff believes the basic intent of the hydroscape
concept is being attained through the current Xeriscape Ordinance.
Commissioner Vallette asked if such a focus could be shown on the plans
submitted for the Design Review Committee.
Mr. Buller stated that currently concept landscape plans are submitted for
design review, which generally show only planted areas noting types of trees,
shrubs, or groundcover. He said if the Commission desired a greater level of
detail, it could be provided.
Commissioner .Vallette felt such attention at an early stage could affect
assessments for some of the landscaped areas.
Mr. Buller stated that most landscape areas end up as remnants of the real
intent, the construction of buildings and/or streets. He said the spaces
therefore are not like parks or major greenbelt areas in which the zones
become more critical. He felt that in median islands and parkways of up to
50 feet, there is limited ability to transition zones. He thought the concept
of hydroscape zoning can be done administratively, and noted it is in line
with what the Parks Development team prefers.
Commissioner Vallette asked how that process is working.
muTching is being utilized.
She noted that more
Mr. Buller said the process is working and changes are being made. He noted
· that it had traditionally been the desire to mass the landscaping in an effort
to attain an instant look by utilizing larger specimen trees and shrubs with
groundcover under all plants. He said the hydroscape zone concept calls for
fewer, smaller plants with mulch, giving a different appearance at the start
of a project. He remarked that in the past the City Council had felt that
more landscaping was needed. He thought more philosophical discussion might
be desirable before technically requiring it with projects.
Commissioner Vallette noted that the groundcover is dying out in some of the
planned communities. She thought it may have looked better if mulching had
been used initially. She asked that the Commission look at the subject,
especially in City maintained rights-of-way.
Mr. Bullet stated that staff is attempting to move in that direction
administratively, as evidenced by the Milliken median island's use of rock,
mulch, drip, and dry stream bed and Foothill Boulevard's median island use of
Planning Commission Minutes -7- February 10, 1993
mulch and shrubs. He asked if the Commission wanted to strengthen that by
requiring review at an earlier stage for properties not in the public's
domain, such as large multi-family housing projects.
Commissioner Melcher felt that part of good planning is planning for
conservation of scarce resources, and he thought the profligate use of water
in Southern California is inappropriate. He said he would like to learn more
about hydro zoning and he thought the Commission may want to do more with
xeriscape, but he did not feel the Commissioners are technically competent to
review that level of design at the Design Review Committee meeting. He felt
the Commission should set the guidelines and let the staff see to it that
plans are designed accordingly before being submitted to the Commission.
Commissioner Vallette agreed that was a good idea.
Commissioner Chitiea liked Commissioner Vallette's idea but felt the technical
aspects should be handled at the technical level with the Design Review
Committee continuing to look at the aesthetics.
Commissioner Vallette suggested that it be made clear that the Commission was
in favor of the more progressive techniques of hydro zoning and mulching.
Commissioner Chitiea agreed.
Chairman McNiel was concerned that the pendulum might swing too far with the
result of landscaping consisting of rock and sand with a few cacti. He felt
that one of the more attractive complexes in the community is on Archibald
north of Base Line with streams, trees, vines, etc. giving a nice rural
feeling.
Commissioner Vallette stated she had gone on several tours of the City with
Jeff Barnes and he had pointed out that is one of the reasons the City is now
using mulch in the park areas, allowing bushier types of plants to grow. She
no~ed that groundcover under trees generally dies out. She said she was not
looking for a desert look, but less of the blown in ground cover.
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PUBLIC COMMENTS
There were no additional public comments.
*****
COMMISSION BUSINESS
H. APPOINTMENTS TO GRAFFITI TASK FORCE
Commissioner Vallette stated that Mayor Stout and Council Member Buquet had
appointed members to the Graffiti Task Force from various Commissions and they
had appointed her. She said she has a conflict with school classes at the
time meetings have been scheduled. She reported that Jerry Fulwood was still
Planning Commission Minutes -8- February 10, 1993
in the process of contacting Mayor Stout and Council Member Buquet to see how
they wished to handle the matter. She said she had also called Mayor Stout
directly earlier in the week to indicate she would be unable to serve on the
Task Force. She felt it is an important task force and the Planning
Commission should have a representative on it.
Chairman McNiel agreed the Commission should have a representative. He asked
when the meetings are scheduled.
Brad Buller, City Planner, stated that meetings will be held on the first and
third Thursdays of every month for eight consecutive meetings. He thought
that Mayor Stout and Council Member Buquet would probably be appointing
another Planning Commissioner to the Task Force. He described the make up of
the task force. He indicated that individuals are encouraged to submit ideas
to Jerry Fulwood's office for forwarding to the Task Force, so that the Task
Force would have an opportunity to review the ideas prior to the meetings.
Chairman McNiel asked if there had been any discussion
responsibility of the press.
about the
Mr. Buller said the press had been challenged on their coverage and the press
had responded that they feel they are handling it appropriately. He said he
had been to several meetings on graffiti and he had heard that the City of
Whittier has come up with a concept of stenciling paint on walls to simulate
vines growing. He said that because graffiti is not as visible, the area is
typically not tagged. He suggested the Commission might consider that as an
idea. He said the Commission may wish to look at limiting the amount of walls
in projects by requiring more open, wrought iron fencing or more vines or
shrubs along walls which might become targets.
Chairman McNiel felt the Commission should select an interim person until a
new appointment is made.
Commissioner Melcher asked if Commissioner Vallette was appointed as a
Planning Commission representative or as a community member.
Commissioner Vallette stated the City Council Subcommittee appointed one
representative from each Commission.
Chairman McNiel volunteered to serve on the Task Force on an interim basis.
Commissioners Melcher and Chitiea agreed Chairman McNiel would be a good
representative.
Chairman McNiel stated he would serve until such time as the Subcommittee
appoints a new member. He indicated his volunteering was not meant to
indicate that he should necessarily be appointed full time.
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Brad Buller, City Planner, indicated that the Route 30 Meeting which had been
tentatively set for February 23 had now been moved to March 9 at 10:00 a.m.
Planning Commission Minutes -9- February 10, 1993
He stated that Engineering was trying to set up a separate meeting between
City representatives and CalTrans at 9:00 a.m. to look at the City's specific
concerns.
ADJOURNMENT
Motion: Moved by Melcher, seconded by Chitlea, to adjourn.
8:20 p.m. - The Planning Commission adjourned to a Workshop immediately
following in the De Anza Room on Foothill Marketplace.
Brad Buller
Secretary
Planning Commission Minutes -10- February 10, 1993