Loading...
HomeMy WebLinkAbout2023-11-08 - Minutes - HPC-PCHPC/PC MINUTES – November 8, 2023 Page 1 of 10 Final Historic Preservation Commission and Planning Commission Agenda November 8, 2023 Final Minutes Rancho Cucamonga, CA 91730 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on November 8, 2023. The meeting was called to order by Chair Dopp at 7:00 p.m. A. Roll Call Planning Commission present: Chair Dopp, Vice Chair Morales, Commissioner Williams, Commissioner Boling, and Commissioner Daniels. Staff Present: Serita Young, Assistant City Attorney; Matt Marquez, Director of Planning and Economic Development; Jennifer Nakamura, Deputy Director of Planning; Bond Mendez, Assistant Planner; Jason Welday, Director of Engineering; Sean McPherson, Principal Planner; Ash Syed, Senior Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened the public communications. Hearing no comments, Chair Dopp closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of October 25, 2023. Motion to adopt minutes as presented by Commissioner Boling; second by Commissioner Williams; Motion carried 5-0. D. Public Hearings D1. DESIGN REVIEW – NEWCASTLE PARTNERS - A request to demolish an existing office/warehouse building and its associated parking lot/outdoor storage area and construct two industrial/warehouse buildings totaling 74,387 square-feet within the Neo-Industrial (NI) District, located on the north side of 6th Street between Archibald Avenue and Hermosa Avenue at 9910 6th Street; APNs: 0209-211-42 and -43. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15332 - In-Fill Development Projects (Design Review DRC2022-00301). (CONTINUED FROM OCTOBER 25th, 2023, HPC/PC MEETING) Bond Mendez, Assistant Planner, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). She mentioned Resolution 23-26 was revised to include today’s date and copies have been placed on the dais. HPC/PC MINUTES – November 8, 2023 Page 2 of 10 Final Chair Dopp stated that the public hearing is still open since the October 25th meeting. He asked if anyone wished to speak. Courtney Wing, Applicant, presented a slide to the Commissioners showing street frontage illustrating the utility poles. She stated the transmission lines/poles will remain in perpetuity because of the voltage. The Utility Company will not allow them to be underground. She asked the Commissioners tonight to charge the in-lieu fee as shown by staff in the conditions of approval. Commissioner Daniels asked if there were any tenants ready to move in. Courtney Wing answered they have no tenants at this time. Commissioner Boling asked what the potential start for demo is. Courtney Wing answered to start as soon as possible. No specific date. Alex Zamora, LIUNA Member, expressed his support for the project. With no other comments, Chair Dopp closed Public Hearing. Commissioner Boling mentioned he noticed in the conditions of approval the absence of fiber connectivity. He asked because of the adjacency to the existing planned fiber network throughout the city, that standard condition of approval has been included in this project. Bond Mendez answered yes. Commissioner Boling stated he appreciates the applicant’s inclusion of the bike parking/storage on 6th Street that it is a planned bike route for the southern portion of the city going east/west for future plans of extension improving the safety for bike travel. He mentioned that having those accommodations for prospective employees at this site to ride their bikes to work is definitely a plus. Also, regarding environmental, having the history of seeing that property in its previous use with vehicles waiting in line, idling for an extended length of time, the change in use could potentially have a minor offset with fewer vehicles idling. Commissioner Daniels asked about street improvements and how would they handle the railroad spur line. He stated it used to be a problem crossing because the railroad would not want the city to do improvements. Jason Welday, Director of Engineering, replied that the intent would be to design it in such a way to avoid affecting the crossing but designing it in such a way that in the future, as the rest of the road widens, then it will be widened. Chair Dopp asked for an explanation on CPTED. Crime Prevention Through Environmental Design. Bond Mendez explained CPTED is a goal within the General Plan. She stated either an existing or new development evolve to implement measures for safety, which includes a variety of elements such as landscaping, natural surveillance, different tactics, and design elements. She mentioned there are plans for her to give a presentation on this subject at a future date. Chair Dopp mentioned he appreciates the applicant redeveloping an aging site . He appreciates the effort, time, and resources they will be putting into this site over time. Motion to adopt Resolution 23-26 Design Review DRC2022-00301, with the revision (B.2.) adding today’s date, by Commissioner Daniels; Second by Commissioner Boling. Motion carried 5-0. HPC/PC MINUTES – November 8, 2023 Page 3 of 10 Final D2. DEVELOPMENT CODE UPDATE - Consideration to Recommend Approval to the City Council of Zoning Text Amendments to Articles II, III, V, VII, VIII, and IX of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code that will Include the Addition of a New Section for Major Exceptions, the Addition of New Subzone to the Summary Table and Land Use, Clarifications to Various Development Standards including updates to Drive-Thru Use and Service Station Standards, New Standards for Subdivisions in the Form Based Code, Adjustments to Open Space Requirements, and Additional Typographic and Formatting Amendments, and Recommendation of Zoning Map Amendments to Specific Parcels for Consistency with the General Plan (“PlanRC”). An Addendum to the General Plan Update and Climate Action Plan FEIR has been prepared for this project (Zoning Map Amendment DRC2023-00317; Municipal Code Amendment DRC2023-00318) (CONTINUED FROM OCTOBER 11th, 2023, HPC/PC MEETING) Sean McPherson, Principal Planner, and Jennifer Nakamura, Deputy Director of Planning, provided Commissioners with Staff Report and PowerPoint presentation (Copy on file). He mentioned staff received a letter earlier today with concerns by a stakeholder, which Commissioners received a copy of prior to this meeting citing concerns relating to proposed amendments involving major exceptions. Chair Dopp stated that the Public Hearing is still open from the October 11th meeting and asked if anyone wishes to speak on this item. Hearing no comments, The Public Hearing was closed. Commissioner Daniels asked to address the letter received this afternoon on the comments made. Jennifer Nakamura, Deputy Director of Planning, summarized context of letter as follows: • Felt major exceptions were a good start. Expressed concerns over the findings required for a major exception but also felt a need for additional amendments to the code in order to make some projects work. She mentioned that staff did have a discussion over the phone with stakeholder prior to the hearing, however, the discussion was more site-specific. Although it’s too early to evaluate the full impacts of any code amendment on a site-specific context, we will continue to work with this stakeholder as they contemplate development of their property. Commissioner Daniels asked if what is being proposed a site-specific problem vs. another site on Foothill Blvd. Jennifer Nakamura mentioned the context of the letter is a very site-specific problem. She does not believe it applies to every property in the zone shared with other properties. It depends on development types and what is being proposed. Commissioner Daniels asked if the commission should move forward with the code amendment as it is being proposed. Jennifer Nakamura explained there are options for Commissioners to consider: • Move forward as is and look at making future adjustments. • Ask to take this portion back and make additional refinements. • Continue the entire series of code amendments to a later date. The stakeholder did ask in letter to make additional major exceptions to consider. She said that is something we have not had a chance to analyze their requests. Commissioner Daniels stated that stakeholder can also ask for a waiver of certain code standards. Jennifer Nakamura replied that there are other tools that may apply to this development but does not know what might apply. Will continue to work with all stakeholders on applications that meet the code and the intent HPC/PC MINUTES – November 8, 2023 Page 4 of 10 Final of the General Plan. Commissioner Boling asked how do we ensure what is being recommended to the City Council actually meets the objective to grant those greater flexibilities with challenging problem sites. If there is no pressing need to push this forward, he would like to take time to do it right, spending a little bit more time on the procedural side and address some of those concerns. He asked is there a timing concern that this portion specifically has to go forward now. Jennifer Nakamura answered that there are no existing development applications in process that would be immediately dependent with this change in order to move forward. Commissioner Boling stated this being the major exceptions. Jennifer Nakamura replied yes. Commissioner Daniels stated with sub zones not allowing new businesses such as service stations. He asked can you take an existing business and expand. Jennifer Nakamura replied yes and mentioned that basically they will become an allowed use and will not become legal non-conforming uses. Commissioner Daniels asked would that be done through a design review or a director’s review. Jennifer Nakamura answered it would be an administrative review. Commissioner Daniels asked about service station spacing requirements. He noticed in the staff report it indicates requirements for two stations at intersection “will likely prevent” and to explain that verbiage. Sean McPherson replied that the intention is to eliminate prohibited redundancy. Commissioner Williams concurs with Commissioner Boling regarding the major exceptions. Asked if there is a way to remove that section, reword it, simplify the language to expand the intent of it and bring back later. Jennifer Nakamura mentioned that some of the stakeholders’ feedback on the findings was fair and understood their position. It caused her to think a little bit closer on what the major exceptions could look like. Chair Dopp stated looking at the matrix, the housing and floor plan 11-20 units, he mentioned that maybe three (3) plans would be more appropriate for that number of dwellings. Sean McPherson responded that the intent of this provision in the code is to facilitate and regulate the need for variety within the subdivision. Jennifer Nakamura stated to the commission that staff just observed that the parcels identified in the presentation on the east side of Rochester are privately owned and will be rezoned. She said on the west side of Rochester, the corner vacant parcel is not being rezoned and it is City owned property. The parcel to the north, is a private parcel. Sean McPherson added that staff will confirm that the zoning map associated with this proposal tonight will accurately reflect City parcel. Commissioner Boling stated for the record, your concern about the number of floor plans 11-20, there is still a requirement for 3 elevations within those floorplans. From an exterior viewpoint, you do have some diversity in the type of nature in character of those individual building interior floorplans. HPC/PC MINUTES – November 8, 2023 Page 5 of 10 Final Sean McPherson responded yes. Jennifer Nakamura stated that another thing that developers do is they do a reverse floorplan. It is the same exact floor plan but just in reverse order. It moves things around to provide that variety. Commissioner Boling stated the reverse does not count as a separate floor plan. Jennifer Nakamura replied yes. Chair Dopp stated his general thoughts on Article II major exceptions is good for flexibility, but asked is the data wrong or are the standards we put in the General Plan too stringent. If this is the standard we want to see in the city, but we keep making exceptions then provide outlets for any developer to ask for a major exception and bypass the standards we are looking for. That defeats the purpose in terms of the numbers we have. Jennifer Nakamura answered yes and stated that our values and vision in the General Plan are important, and we are trying to balance it with some economic and development realities. She explained when developing a vacant parcel, it’s simpler but when it’s an existing parcel with multiple players and with different constraints, it’s a more complex question that we are trying to figure out how best to answer. Chair Dopp mentioned regarding the comment letter from Costanzo Investments (stakeholder) asking for more of a major exception, they are asking us to sacrifice that much on our general plan vision, than it’s appropriate to hold them to a higher standard to get something in return. Commissioner Daniels mentioned he does not want staff to tailor a code for one problem parcel. There are other ways to be flexible on what he would like to do and develop his parcel. Jennifer Nakamura stated she agrees and would like to work with this property owner to figure out a solution that works for everyone. Commissioner Boling stated he would like to make a motion to move forward with Articles III, V, VII, VIII and Map Amendments. Holding back Article II for future evaluation and analysis and return to the Commission at a future date. Jennifer Nakamura requested an amendment to the zoning map assuring that the city owned parcel located on the northwest corner of Arrow/Rochester is not included and they will make sure it is clarified prior to City Council. Motion to adopt the proposed Resolution 23-28 to recommend City Council adopt DRC2023-00318 for Articles III, V, VII, VIII, XI along with Zoning Map Amendment DRC2023-00317 with recommendation to amend the zoning map to make a change on the city owned land for the epicenter parcel and holding Article II for a future date, by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D3. Consideration of a Municipal Code Amendment to amend Title 17 of the Rancho Cucamonga Municipal Code establishing non-storefront medical cannabis retail as a use permitted with a minor use permit for properties located in portions of the Neo-Industrial (NI) and Industrial Employment (IE) zones, amending Chapter 8.52 of the Rancho Cucamonga Municipal Code exempting certain non-storefront medical cannabis retail from the prohibition on commercial cannabis activity; adding chapter 5.20 to the Rancho Cucamonga Municipal Code establishing regulatory and operational restrictions for non-storefront medical cannabis retailer. This item is exempt from the California Environmental Quality Act, pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3). This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with HPC/PC MINUTES – November 8, 2023 Page 6 of 10 Final Staff Report and PowerPoint presentation (copy on file). She stated that Cannabis is prohibited in the city with the exception of indoor cultivation, and it is limited to the greatest extent possible and has been in place for the last 7 years. Last year SB 1186 was signed by the Governor, which prohibited cities from stopping the retail sale by delivery of medical cannabis. She explained that within the regulatory framework, there is a specific cannabis classification called non-store front retail. We are now required to amend our code and are allowing one establishment, which will be the Neo-Industrial and Industrial Employment Zones. She said there will be a lottery process that will be developed of which businesses will be selected. Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Boling asked how the 1000-feet separation requirement was determined and what is the maximum distance required under state law. Jennifer Nakamura replied that the separation requirement was modeled off an existing ordinance regulates Adult Entertainment. The 600-foot separation is the maximum for those types of uses required under state law. She said the 1000 feet was chosen to make sure it was not publicly visible to the greatest extent possible to major retails. Not to give people the impression that it is a retail location to go in and purchase. Commissioner Boling clarified that the 1000-foot separation is consistent with other portions of the code pertaining to other regulated businesses. Jennifer Nakamura replied yes. Commissioner Morales asked about the lottery process, and if it can be designed where the Police Chief and City Attorney are present to help certify it. His concern is that is where corruption and bribery can be introduced. Jennifer Nakamura stated once council adopts the ordinance, the lottery program will be developed. The City Attorney’s office will help develop the lottery process. She assured him there will be multiple double checks to avoid those types of things. His concern is well noted, and it is something they will include to help avoid inappropriateness in the lottery process. Commissioner Morales mentioned he read the state fact sheet and did not find the driver needs to be over 21 years old. He asked is that something that is already included but not on the fact sheet. Serita Young explained that this area is regulated heavily and have to be mindful when crafting regulations. She is certain the state regulations have requirements around drivers. She said they will have to get a state license as well, which will come with a host of restrictions. Commissioner Boling asked does the city have any other lottery procedures set in place. Jennifer Nakamura answered no and that this is the City’s first. Commissioner Daniels asked what the reason is for being strictly medical. Jennifer Nakamura answered what the legislation wanted to do is try and ensure people that had medical reasons had easy access to it. Serita Young explained the SB 1186 is to stop local authorities/cities from prohibiting medicinal cannabis retail activities, including deliveries. It’s to get medicinal cannabis to those individuals who need it and stop cities prohibiting those deliveries within that jurisdiction. HPC/PC MINUTES – November 8, 2023 Page 7 of 10 Final Commissioner Boling stated everything we are considering tonight pertains to a perspective business that will be housed here within our jurisdiction. None of what we are considering applies to a business in an adjacent community that might come into Rancho Cucamonga for deliveries. Serita Young answered correct, you can still have deliveries outside of the city. Community members are not limited to deliveries from that one source within the city. Vice Chair Morales stated we are in compliance with state law. He said we are able to put appropriate regulations into place to protect our community and added that the zoning choice was a good selection. Chair Dopp stated for the record, additional medicinal cannabis is overall good but there is a severe negative effect that is overlooked because it’s a cultural positive. He expressed disappointment that we are going to have to pass an amendment like this because it’s a state law. It’s easy to buy into the myth that it’s only all good things, and it’s not that bad. He said what we are doing with this regulation specifically addresses a lot of concerns he has, which is, if we are going to have to follow state law, then we are doing everything we can to regulate that to the maximum possible. He wants to make it clear that this is not really something we are willing to open the door on. Commissioner Williams mentioned that she was there during the original decision making while a Council Member and remember reading the report and admitted it was tempting with so many cities that jumped on board thinking about all the tax money they were going to make. Unfortunately, it did not turn out as they thought it would. She is pleased that we put our foot down and said no. Of course, state law is state law. She does appreciate the fact we will be keeping an eye on it. She is proud of Rancho Cucamonga and subsequent Council holding the line on this and said it’s important for our city to continue that. She thanked Jennifer for all the work she has done on this. Motion to adopt the proposed Resolution 23-29 recommending Council adopt the proposed ordinance by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D4. Consideration of a Master Plan for the Epicenter Area, to articulate a vision for enhanced uses and activity and implement development standards for the city-owned parcels commonly known as the Epicenter Sports Complex, consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, associated parking lots and a City owned vacant lot at the northwest corner of Rochester and Arrow. No privately owned parcels are subject to this proposed plan. APN’s 229-012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72. An addendum to the General Plan Program Environmental Impact Report (SCH No. 2021050261) has been prepared for this project. This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Williams asked about the Farmers Markets tactical shipping containers, she expressed they are ugly. Jennifer Nakamura explained there are business entities that utilize those for short-term retail opportunities. Matt Marquez explained that some entities repurpose shipping containers and turn them into a number of different things. He said they create a unique, attractive environment. Commissioner Williams expressed her concerns that we do not want to create a swap meet atmosphere. HPC/PC MINUTES – November 8, 2023 Page 8 of 10 Final Jennifer Nakamura agreed that tactical retail can be more transient. She explained that there is a recreational vehicle trailer in Victoria Gardens next to JC Penny’s in a parked stall. It is a retail location, that could be there for some time or can be movable, such as food trucks. She said we are looking at how do we operate this space in the long term. Whether it is managed by staff or find an operator to manage this space. Its City owned, so we have a lot of control over the tenants and the type of uses and development. We want to make sure they provide the highest level of service. Commissioner Williams mentioned it sounds like semi-permanent shopping. That is what they end up being and goods are moved quite freely that way. Vice Chair Morales stated that this establishes the real downtown that PlanRC calls for and it also improves the value per acre in this area. The implementation playbook is a good helpful tool. Commissioner Boling stated from a food and beverage entertainment perspective, often developers and businesses refer to an 18-hour restaurant and entertainment zone. There was reference ensuring a certain portion of this would be accessible to the public 12-hours per day. He has seen an 18-hour desire to have people there. He mentioned that the bars close down at 2am and that is when breakfast starts. He asked is there a consideration to extend to an 18-hour entertainment restaurant zone. Jennifer Nakamura explained the intention with the 12-hours was to make sure it’s self publicly accessible for the majority. She said we can design that to make it a minimum so there really is no maximum. We want to make it at least accessible a minimum of 12-hours. Commissioner Boling expressed to be cautions on how the language will be placed. Creating a restriction of mandatory 12, minimum of 12 or not more than 12. Jennifer Nakamura agrees, and they will take a final look at that. Commissioner Boling stated having experience with higher intensity more urban uses shoot for an 18-hour activity. He also asked about the zoning of Sebastian, what would be allowed there. Would restaurants, bars, entertainment, and support business be allowed. Jennifer Nakamura answered the private parcels are zoned corridor two and entertainment, bars, restaurants activities would be allowed. Commissioner Boling stated this all sounds great as a master plan. He said back in August of this year, it was announced the City of Ontario entered into an MOU with owner of the Quakes in order to pursue a potential baseball team in the City of Ontario. If there is a swap for the Quakes in another different level of baseball, what does that mean to these plans if Quakes are no longer tenants. Jennifer Nakamura answered that it is our understanding that stadium improvements will be needed system wide. It is a high likelihood for two teams coming here. The Quakes will continue to stay here in some form. We can always come back and revisit that Master Plan if things change at some point in the future. Chair Dopp asked about shared parking. Have there been discussions with the private developer/landowners in the adjacent areas as to whether they may be open, to probably for a fee, their parking lots. Jennifer Nakamura replied that they have not had a discussion. She said we would want to look at the development proposal, what the needs are for parking and work from there. These are visionary ideas as far as moving forward with shared parking. HPC/PC MINUTES – November 8, 2023 Page 9 of 10 Final Chair Dopp stated on those visionary items, there is a lot to like in the Master Plan. He expressed he enjoys the idea of activation and spaces you are creating to the north bringing more people into that area, which is essential long term to the future of the Epicenter. He is all in on the Soccer idea. He has been pushing for years. The Massey Plaza development is underutilized. There is an opportunity to, it really can enhance a more outward direction in terms of being a place to be. He appreciates the thoughtfulness that was put into the plan. The long-term plan having a Beer Garden attached to the Epicenter, with the long term being opened to the public beyond event hours. Jennifer Nakamura replied that nothing is off the table at this time, as long as it is within the vision of the Master Plan. Commissioner Boling asked where the Epicenter is relative to the EIFD. Jennifer Nakamura replied the Epicenter may be part of the EIFD, but would need to double check. Commissioner Boling stated there is a potential to use financing to pay for some of the improvements. Jennifer Nakamura replied yes. Motion to adopt the proposed Resolution 23-27 recommending the City Council adopt the Epicenter Master Plan by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. F. Director Announcements Matt Marquez announced that yesterday they had their third in-person Round Table Discussion. Each meeting attendance increases. The discussion is spirited. The meetings will continue to keep the communication open to get a better understanding of what we are working on and what is going on in the city. Jennifer Nakamura mentioned we will not be having a meeting in two weeks, and we will be adjourning to December 13th. G. Commission Announcements Commissioner Boling asked for clarification regarding the Round Table Discussion. He wanted to confirm it’s generally attended by staff and Commissioners should stay clear. It would be walking into dangerous waters for Commissioners to attend. Is that correct. Matt Marquez replied that is correct. HPC/PC MINUTES – November 8, 2023 Page 10 of 10 Final H. Adjournment Motion by Commissioner Williams, second by Commissioner Daniels to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 9:06 p.m. Respectfully submitted, Elizabeth Thornhill, Executive Assistant Planning and Economic Development Department Approved: HPC/PC January 24, 2024 meeting.