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HomeMy WebLinkAbout2021-05-26 - Minutes - PC-HPC— Historic Preservation Commission and Planning Commission Agenda May 26, 2021 MINUTES Rancho Cucamonga, CA 91730 7:00 D.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on May 26, 2021. The meeting was called to order by the Chairman at 7:00 p.m. A. Roll Call Planning Commission present: Chairman Tony Guglielmo, Vice Chair Oaxaca, Commissioner Bryan Dopp, Commissioner Tony Morales and Commissioner Diane Williams. Staff Present: Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager; Anne McIntosh, Planning Director, Dat Tran, Assistant Planner; David Eoff, Senior Planner; Mike Smith, Principal Planner; Jason Welday, Engineering Director, Jennifer Nakamura, Management Analyst II; Tabe van der Zwaag, Associate Planner; Sean McPherson, Senior Planner; Mena Abdul-Ahad, Assistant Planner; Justine Garcia, Deputy Director Engineering Services; Robert Ball, Fire Marshall. B. Public Communications Chairman Guglielmo opened for public communications and hearing no comment, closed communications C. Consent Calendar C1. Consideration to adopt Special Study Session Minutes of April 28, 2021. C2. Consideration to adopt Regular Meeting Minutes of April 28, 2021. C3. Consideration to adopt Special Study Session Minutes of May 12, 2021. C4. Consideration to adopt Regular Meeting Minutes of May 12, 2021. C5. FY21/22 Capital Improvement Program (CIP) - Determination of Conformance with the General Plan. C6. LOCATED AT THE EAST TERMINUS OF ARAPAHO ROAD BETWEEN EAST AVENUE AND CHOCTAW PLACE — W&W LAND DESIGN CONSULTANTS — Site plan review of a proposal to subdivide a vacant parcel of approximately 146,429 square feet (3.36 acres) into five residential (5) lots in the Very Low (VL) Residential District that includes a Variance to reduce the required lot depth on two (2) lots and a minor exception for wall height for a project site located in the Etiwanda Specific Plan; Tentative Tract Map, Variance & Minor Exception - APN 0225-181-73. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration (SUBTT20152, DRC2019-00786, DRC2019-00787). (Planning Commission directed staff to bring back the Resolution of Approval - continued from May 12, 2021 PC Meeting.) C7. LOCATED BETWEEN EAST AVENUE AND GOLDEN LOCK PLACE APPROXIMATELY 400 FEET SOUTH OF BANYAN STREET — MANNING HOMES - A request to subdivide 10.24 acres of land into 17 lots including the Design Review of 17 single-family residences, a Minor Exception for increased wall heights and a Tree Removal Permit to remove onsite trees for a project site in the Very Low (VL) Residential District (A - 2 Dwelling Units per Acre) of the Etiwanda Specific Plan and the Equestrian Overlay District. Tentative Tract Map, Design Review, Minor Exception & Tree Removal Permit; APNs: 0225-191-09 and - 17. A Mitigated Negative Declaration of environmental impacts was prepared for consideration (SUBTT20334, DRC2020-00139, DRC2020-00141, DRC2020-00140). (Planning Commission directed staff to bring back the Resolution of Approval - continued from May 12, 2021 PC Meeting.) Motion by Commissioner Morales; second by Commissioner Williams to approve Consent Calendar Items C1 through C7. Motion carried, 5-0. D. Public Hearings D1. LOCATED AT 10839 CARRIAGE DRIVE — MOLINAR DESIGN, INC - A request for a Hillside Design Review to consider the construction of a new 6,871 square foot two-story single-family residence with an attached 4-car garage on a 20,724 square foot lot within the Very Low (VL) Residential District within the Hillside Overlay District and Equestrian Overlay District. Pursuant to the California Environmental Quality Act, this project qualifies for a Class 3 Exemption. APN: 1074-531-09 Hillside Design Review (DRC2019-00973). (Continued from May 12, 2021 PC Meeting.) Mena Abdul-Ahad, Assistant Planner, announced that the Applicant has requested to continue this item to a date unspecified. D2. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA —A request to amend Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to modify administrative procedures, establish new zoning districts, amend land uses and definitions and create new development standards for industrial development. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA guidelines Section 15061(b)(3). This item will be forwarded to City Council for final action. (DRC2021-00170) Jennifer Nakamura, Management Analyst II, presented Commissioners with a Staff Report and presentation (copy on file). Chairman Guglielmo asked the Commission if there were any comments for staff on this Public Hearing Item. Vice Chair Oaxaca asked about truck queuing standards, there doesn't seem to be other objective standards that could have been considered as alternatives. Is that what staff found. Jennifer Nakamura replied yes and explained we have been unable to land on any other objective standards and open to continue conversations to work with the industrial stakeholders to figure out what the right standard is. HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 2 of 8 FINAL Vice Chair Oaxaca stated it sounds like spec projects are common in this space. He asked does staff feel we incorporated enough flexibility in these new standards where a user is identified and there is a need to modify the project in some form. He asked, have we built in the ability for that flexibility to accommodate those types of realities. Jennifer Nakamura answered yes. She said the way we provided the option to request exception based on study and data is an important process and it allows the applicants to provide alternatives. Anne McIntosh stated we talked about queuing in terms of traffic impacts but there is another great concern and that is safety on site. Commissioner Morales asked about truck queuing for buildings less than 450,000 sq ft, will Conditional Use Permit process address those potential issues. Jennifer Nakamura answered yes, regardless of size. Commissioner Dopp stated having to plan outside the scope of the project, there have been a lot of conversation on traffic and the impact of neighborhoods and seeing a situation of tying up streets, it's an important note moving forward. Two questions; Question 1) What are the developers putting forward from the movement from 400 to 450,000 sq ft. Question 2) If you have a project with 3 warehouses that are all smaller than 450,000 sq. ft., he asked will they still have to require a master plan or does it just apply to one building. Jennifer Nakamura answered: 1) It's based on the project site and it's the total gross area. 2) Explained that 400,000 sq. ft. level might bring in some of the smaller uses that we may not want to push through that process where at 450,000 you are getting closer to'% million size and that is when you are getting into that much larger building. She said we agreed that was an appropriate change to make. Chairman Guglielmo regarding changing of the zoning from industrial to Neo industrial plan looks like it requires a Conditional Use Permit for various businesses. He said there are buildings in the city that are 1000 sq ft. to 50,000 sq ft. they can move in. He asked will a 200,000 sq. ft. business in the Neo industrial require a Conditional Use Permit. Jennifer Nakamura answered yes, as it is currently written. Chairman Guglielmo asked to briefly explain what does a Conditional Use Permit involve Jennifer Nakamura explained a Conditional Use Permit requires an application to the City, along with a set of plans, listing of the type of business they will run, and we might ask for a business operation statement. She said it will be reviewed by all our City departments to insure it will meet all of our code requirements. Once complete, and modifications are made as necessary, then it will go for a hearing. Chairman Guglielmo asked how long does the process take. Jennifer Nakamura replied it varies a lot and will depend on the applicant. Typically, 60-90 days. She said a way to modify and alleviate some concern would potentially split some of these uses between large and small. Anything over 2500 sq. ft. is reviewed as a Minor Use Permit. Nicholas Ghirelli, City Attorney, mentioned staff does a quick job turning around applications for CUP's (Conditional Use Permits). Particularly a new building or new structure is not required to house that use. He said what can affect the timing is if the project does require additional Environmental Review under HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 3 of 8 FINAL CEQA but if an applicant submits a complete applicant as part of its first submittal, he said it actually can be quick. Anne McIntosh mentioned a procedure once Commissioners hear from the public, we encourage that you discuss every comment that comes up tonight by category and make sure you give us any direction on what you would like us to look into in terms of consideration. She said if you do hear ideas from the community during public comments, take note and we will follow-up after tonight's meeting. With no further discussion from Commissioners, Chairman Guglielmo opened public hearing. The following persons commented on the project: Craig Scheu; Michael via phone (949) 887-1736; Drew Torbin, Founder and CEO of Black Bear Energy; Paul Lawrence, Chief Financial Officer, Commercial Medals; Chuck Buquet; Chris Sandford, Black Creek Group Rep.; Jon Shardlow, NAIOP; Paige Gosney, Land Use Counsel; Erik Hernandez, Principal Real Estate Broker Lee and Assoc.; Bill Blankenship, NAIOP. The comments included the following concerns: • Industrial and Neo Zoning. • One (1) truck door per queuing space, ratio does not seem feasible. • 75% of roof needing to have solar requires more study. • CUP process takes 90 — 120 days. 60-90 days is a myth. • Standards being proposed are impractical and unworkable. • Not in support due to significant design questions. • Solar concerns. Impossible to meet energy standards. • Request extension due to inconsistency of solar and street network. • CUP requirement will be a burden on potential businesses. • Issues with the proposed development standard. • Request extension of moratorium. • Re-examine the requirement of CUP for businesses to locate in zoning area. Len Ruppenthal, Tree Island Steel Rep., he is inquiring if Tree Island Steel was ever notified about this meeting. Expressed his support of this general concept. Anne McIntosh mentioned to Commissioners they heard comments that fell into topics, which most had been addressed in the Staff Report. She said it would be a good idea for the Commission to go through those individually with the understanding that we are continuing to try to refine these requirements and continuing to look at examples and suggestions being provided by stakeholders. She said we have confidence that we will be able to go to City Council with the best recommendation we can on June 16'h It's fine for Commission to have recommendation go forward with comments. Listed below are concerns/issues heard tonight: • Truck queuing. • Solar requirements. • Master plan process. Whether or not that will accomplish the flexibility that was desired. • Neo industrial zone. The new uses listed in zoning and permitting requirements, specifically CUP requirement. • Questions about development standards. Shade structures and requirement for the number of trees. HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 4 of 8 FINAL Jason Welday, Engineering Director, discussed traffic and reminded Commissioners they did receive a copy of the memo of a study done by a traffic engineering firm to look at the traffic and potential impacts of development in this area. It was also released to the Stakeholders a few weeks back. He said regarding solar, looking forward to the idea of expanding to ensure solar is part of the equation as we move forward. Nicholas Ghirelli clarified he was not trying to suggest that CUP's are rapid over the counter entitlements. He said the 60-90 days estimate could be increased if an application is not complete when it's first submitted, or additional environmental review is required. Commissioner Dopp stated regarding solar requirements, things are moving more in a clean energy direction. His question for Staff, has there been alternate ways to establish a requirement for clean energy for some of these projects. He asked like meeting a Net Zero electrical requirement on the back end. Jennifer Nakamura explained the concept of Net Zero produces the amount of power that you need for your site. We are asking for the development community to do is not only produce what you need now, but what you will potentially need for the future. Commissioner Dopp stated he would like to see that continued conversation. Maybe there is an alternate way for people to meet that requirement moving forward. Having set very high standards for environmentalism is really important for industrial areas due to the significant impacts they could have to the community. If that means we are highly encouraging very, very clean requirements moving forward for these projects, is not necessarily a bad thing. He asked is there a way maybe offer an alternate path outside of a set percentage. As he was looking through the conditional use table, he could understand concern about the process. He said it would be worth looking through the list much more in detail on Staff level making sure every single conditional use is what we want to establish for the new industrial part of town and it fits with the idea and vision in the industrial district. He expressed he likes the standards and the attempt we are trying to foster forward a vision for industrial areas within Rancho Cucamonga. He mentioned when this comes up on June 16t" the developers, after all the work has been done by Staff and by Planning Commission, if they are still upset, they have every right to request the Council's extension of the moratorium but he believes it's a Council decision. Commissioner Morales asked Robert Ball, Fire Marshall, about truck queuing category. If there was a major incident 450,000 sq. ft. warehouse tragedy, how many fire trucks would have to respond to that site and if there where truck queuing issues flowing into the streets, emergency vehicles, etc. He asked would there be a problem with truck queuing spilling out onto the street. Robert Ball responded yes and explained it would be a significant problem. Commissioner Morales stated it's very important we have the proper ratio. Does not think the 1-15 ratio is acceptable. He said we have the responsibility to our citizens to make sure we do things right. He mentioned it's very important we adopt this draft resolution and recommend the City Council adopt the ordinance. Commissioner Williams stated to hear from the public and stakeholders is very important. She said we want to be ready for the future but be flexible too. She is concerned about the queuing. She has concern of the percentage of solar. Not one size fits all will work here. The subject of CUP especially the smaller ones. Possibly extend the deadline. Requests to be more flexible but she is ready to give to City Council HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 5 of 8 FINAL with recommendation and let them handle the decision with more discussion. Vice Chair Oaxaca stated he heard small pain points from stakeholders and Planning Commissioners, issues on how to address energy usage and standards for how much electricity these industrial projects are being expected to generate. An initial goal of requiring projects to cover their own usage with solar generation, should be the first step. He agrees with fellow Commissioners on how important it is worth having a discussion on how important it is to manage the traffic around these potential developments and ensure we have safe roadways at all times. He said the decision to whether or not to extend moratorium does not rest with this body. The City Council will decide if they would like to change the current expiration date or not. Chairman Guglielmo mentioned the three major concerns he heard are 1) Truck queuing; 2) Solar Coverage and 3) CUP requirement. He started discussion with the CUP requirements and mentioned he has never seen a CUP done within 60-90 days. He has seen it typically take 4 to 6 months. He said the City should consider, if they do make this requirement, their workload will increase dramatically. Also, what kind of conditions would you put on a 2,000 sq. ft. space. They already have a lot of procedures with regard to fire sprinklers and other requirements. This could discourage businesses from starting in the city and will go somewhere else. He would like to propose there be a threshold on size. Maybe a 75,000 sq ft. user has that capability a lot more than a smaller business. Jennifer Nakamura replied the CUP process generally does require a site plan. She said some industrial tenant property management companies can provide them a basic site plan. We generally do not require them in large-scale plans, depending on size of use. Time frames can vary widely. A lot of it will depend on response time from applicant with regards to questions, making sure they have complete information. Ecommerce, is a brand-new use and has not been included in the code before. We will ask Commission to direct Staff to take a look at and make proposals to City Council and let them make the ultimate determination. Chairman Guglielmo asked what is the different between a Minor and a Conditional Use Permit Jennifer Nakamura explained the differences. The current conditional use permit will become a minor use permit (approved by the Planning Director). A new conditional use permit will be approved by the Planning Commission. Chairman Guglielmo inquired about solar coverage being required 75% of roof and 2000-amp user only occupy 15% of that coverage. He asked what capability does the City have now to buy that additional storage back if Edison does not want it. Jason Welday responded when the facility is built, it is a matter of entering into the agreement to buy the power back. Chairman Guglielmo asked does this solar requirement tack onto any existing buildings or is it only new construction. Jennifer Nakamura answered the solar requirements is designed for new construction. Chairman Guglielmo stated he hopes Staff, before going to Council, looks into that percentage. His concern, it looks a little too excessive for practical use. Regarding truck queuing, the ratio may need to be looked into further, due to not being practical or feasible. If we can address some of these things, he would feel comfortable moving it forward. HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 6 of 8 FINAL Commissioner Dopp asked is there an alternate way to deal with issues regarding loading requirement and require the developer to assure there is no overflow onto the streets. Jennifer Nakamura explained one of the issues we run into is we had a discussion with stakeholders to try and come up with an alternate standard. She said we are trying to allow for self -regulation through better design. The group developing the building and then the user using it are generally two different entities. Sometimes one does not know what the other has agreed to or what the other is doing and the City would like to stay out of the position where we are having to monitor and enforce these uses for compliance. Anne McIntosh mentioned we are continuing to look at these various ideas. She said we meet regularly throughout the day. Our stakeholders are sending in ideas and we are continuing to talk about it. Jennifer Nakamura stated this Development Code is a living document. She said it's something that changes and adapts regularly. We bring the Planning Commission and City Council code updates on a regular basis. One of the things to keep in mind as we move forward is the idea that these standards are going forward in place and the Council will ultimately make the final decision and we will keep having conversations between now and the City Council hearing on June 16' to try and refine these standards. She said we also know over time, if these standards are not working as we expect them to, we are willing to come back to you and present changes as well. Nicholas Ghirelli mentioned it's complicated by the fact often times trucks that are picking up and delivering from a particular warehouse may not necessary be employees from that business and it's difficult for that business to actually control whether the truck is queuing or not queuing on the street. Commissioner Dopp stated before we make a motion, he wanted to know if we have an option to do a recommendation with clarifying points. Anne McIntosh mentioned they have taken detailed notes and could include in the Staff Report to City Council. Commissioner Dopp asked Commissioners how they feel to have staff revisit the CUP matrix and revisit the solar usage. Commissioner Williams added it would be a good idea. Not convinced these are the right numbers. Vice Chair Oaxaca agrees and that some specific language attached to the motion in the record would be good feedback for Council and good guidance for staff. Commissioner Morales stated we should move it forward with our concerns, and Council would be the final deciders on any adjustments. Nicholas Ghirelli explained the resolution before you recommend approval of the proposed ordinance. We could add a sentence at the end of Section 4 of the resolution to say "after the Planning Commission also recommends that City staff provide options and/or recommendations to the City Council to address the Planning Commission's comments regarding the proposed land use table, those uses requiring a conditional use permit, and the standards applicable to rooftop solar panels and truck queuing' Motion by Commissioner Dopp; second by Commissioner Williams. Motion carried 5-0 with amendment to Section #4 in Resolution 21-037. HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 7 of 8 FINAL Matt Burris, Deputy City Manager, mentioned that all of us, both here at the City as well as private builders of businesses and developers, want to have prosperous developments and want all of these new buildings exist in a high quality, well served area and not have impacts. He said we look forward to working on solving those challenges as we move forward. He appreciates everyone's input in getting this right. E. Director Announcements Anne McIntosh mentioned that PlanRC is now available in draft form on the City's website. Community Outreach has been started. She said we have our schedule from now till mid -July with road shows, pop up zoom meetings, webinars, trying to get the word out. We have a survey to get input from the public. F. Commission Announcements - None G. Adjournment Motion by Vice Chair Oaxaca, second by Commissioner Morales to adjourn the meeting, motion carried 5-0. Meeting was adjourned at 9:46 p.m. Respectfully submitted, 1 � 1 Eli eth Thornhill � U Executive Assistant, Planning Department Approved: June 9, 2021 — HPC/PC Regular Meeting HPC/PC Regular Meeting MINUTES — May 26, 2021 Page 8 of 8 FINAL