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HomeMy WebLinkAbout2013/07/10 - Minutes - PC-HPCTHE CITY OF RANCHO CUCAMONGA THE MINUTES OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION Pledge of Allegiance Roll Call AND THE PLANNING COMMISSION JULY 10, 2013 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Chairman Howdyshell X Vice Chairman Fletcher X Munoz X Wimberly X Oaxaca X Additional Staff Present Candyce Burnett, Planning Manager; Jeff Bloom, Deputy City ManagerlEconomic and Community Development; Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary Mike Smith, Associate Planner II. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA July 10, 2013 CUCAMONGA Page 2 I_� C C. Luana Hernandez thanked everyone for their support of the Route 66 Car Show as it was a great success. In response to Chairman Howdyshell, Ms. Hernandez noted that photos of the event can be found on their website: Route661ECA.org and that they are developing a corporate support mailing list with the help of a public relations person. III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION Approval of minutes from June 26, 2013 Steven Flower, Assistant City Attorney noted the draft minutes do not note which Commissioners were present at the meeting and that he recalled that all Commissioners were present. The Secretary noted the correction. Moved by Fletcher seconded by Wimberly to adopt the Consent Calendar 5-0 with the correction to the minutes. IV. SCHEDULED MATTERS/PLANNING COMMISSION SELECTION OF THE PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN OFFICER POSITIONS Moved by Fletcher, seconded by Munoz, for Chairman Howdyshell to continue as Chairman carried 5-0. Moved by Munoz, seconded by Wimberly. for Commissioner Wimberly to serve as Vice Chairman. The motion failed 2-3. Moved by Oaxaca. seconded by Howdyshell, for Vice Chairman Fletcher to continue as Vice Chairman carried 3-2 SELECTION OF THE PLANNING COMMISSION DESIGN REVIEW COMMITTEE DRC MEMBERS (DRC) Moved by Wimberly, seconded by Howdyshell, for Commissioners Fletcher and Oaxaca to continue serving on the DRC carried 5-0. Moved by Howdyshell, seconded by Munoz. for Commissioner Wimberly to serve on the DRC as First Alternate carried 5-0. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA PANCHO July 10, 2013 C"C"ONO1 Page 3 D. SELECTION OF THE PLANNING COMMISSION TRAILS COMMITTEE MEMBERS Moved by Oaxaca. seconded by Howdyshell, to select Commissioners Fletcher and Wimberly to serve on the TAC and for Commissioner Munoz to serve as the First Alternate carried 5-0. V. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required bylaw. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18870 - LENNAR HOMES OF CALIFORNIA: A request to subdivide a vacant parcel of about 3,047,614 square feet (79.67 -acres) into 291 lots and eleven (11) lettered lots in the Low Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay), located about 525 feet east of Etiwanda Avenue at the north side of Arrow Route; APN: 0229-041-09. Related file: Development Review DRC2012-01202. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. F. TREE REMOVAL PERMIT DRC2013-00483 - LENNAR HOMES OF CALIFORNIA: A request to remove trees in conjunction with a proposal to subdivide a vacant parcel of about 3,047,614 square feet (79.67 -acres) into 291 lots and eleven (11) lettered lots in the Low Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay), located about 525 feet east of Etiwanda Avenue at the north side of Arrow Route; APN: 0229-041-09. Related file: Tentative Tract Map SUBTT18870 and Development Review DRC2012-01202. Mike Smith, Associate Planner, presented the staff report. (Presentation on file.) He also reported that that just prior to meeting the City received a letter from the County of San Bernardino Public Works Department regarding the Mitigated Negative Declaration for the tract. (Letter on file.) The letter cited concerns about burrowing owls found on site, RAFSS mitigation, riparian vegetation (mulefat scrub), and the slender -horned spineflower. The County Water Resources Division also commented. Mr. Smith stated that staff had reviewed the letter and believes that issues were already addressed in the Initial Study. He also stated that the developer had submitted a written response to the letter. (Response on file.) In response to Vice Chairman Fletcher, Mr. Smith said if even one burrowing owl nest is found, the applicant must follow the mitigations found on pages E -F 87. Also in response to Vice Chairman Fletcher, Mr. Smith deferred the request to salvage the wood from the black walnut trees for the benefit of the Maloof Foundation to the applicant. Commissioner Munoz noted that the owls are there and therefore the applicant will have to HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA uftcr,o July 10, 2013 oHoe Page 4 conduct a pre -construction survey 30 days prior to grading and they will have to provide evidence they did that. He said they would have to consult with CFDFW before proceeding. Chairman Howdyshell said there is still a window before that happens. Mr. Smith confirmed this must happen prior to grading and be performed by a qualified wildlife biologist. Chairman Howdyshell opened the public hearing. Ryan Combe, Project Manager for Lennar Homes, thanked staff for their perseverance. He said the project has support from neighbors to the north and south. Mr. Combe assented that an owl is present and it triggers the mitigation requirements to perform the survey. He said there will be a Homeowners Association and the two paseos that connect to the trails will be City maintained. He said because of the many restrictions of Southern California Edison, they are installing trees in rear yards because SCE will not allow them to be placed in their easement and this should soften the appearance of the easement from the homes. There being no one else present wishing to speak, Chairman Howdyshell closed the public hearing. She noted new home construction is needed as the City's listing inventory is low and the project provides housing at a needed price -point. Commissioner Oaxaca noted the letters received tonight. He said the lateness of the letters put the Commission at a disadvantage. Vice Chairman Fletcher said last minute letters always problematic. He said he is not concerned if staff says we covered these issues- he is satisfied with the report and comments. He said it is a standard tract map and will provide good housing product for community. Commissioner Munoz said he believes this project is ready and that the City does need the housing stock but that he takes exception to receiving the letter on July 8 and being expected to digest it. He said a one page letter from a resident is one thing, but that this letter deals with some fairly significant issues. He said he is just guessing as to what is in these two letters based on a summary review by staff. He said he prefers to make decisions on an informed basis. He said if the issue is not as complicated as this, then it would be fine, but this a formal letter with a response and rebuttal. Candyce Burnett, Planning Manager said staff received the letter just this afternoon. Commissioner Munoz asserted that it does not make it right as this can be in abeyance Steven Flower, Assistant City Attorney said that if the Commission can continue the item and come back later. He said there is no way to prevent late comments. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA WWHO July 10, 2013 CLrA ONw Page 5 Chairman Howdyshell said she is confident staff is working with the applicant and that there still is a window of time to address the noted concerns. She asked how the Commission felt about that. Commissioner Munoz said staff needs to give the Commission time to deal with issues like these and there is no relevance to this project. Commissioner Wimberly said there is no summary of differences on the letter with respect to the facts and findings. Commissioner Oaxaca said he feels significantly disadvantaged in making a decision Vice Chairman Fletcher said that he could recall this happening several times in the last 10 years. He said they often come in on the day of our meeting -it is a formality. He asked if we unnecessarily slow up a development because of a letter. He said he would tend to listen to staff and legal counsel regarding their analysis. Commissioner Munoz said whether or not it is unusual, it does not make it right. He said the Commission is asked to make a decision only partially informed and he is advising staff to give the Commission more time. He said it is not about this project, it is what to do in the future. He said he does not want to see this on the dais and then have to make a decision on what was put before him the half-hour before the meeting. Chairman Howdyshell concurred and said she could see that the Commission is responsible for the decisions and would support a policy to postpone those items if a late document is received to allow time for a proper review. Mr. Flower said that if an item is agendized and noticed, staff cannot pull the item but that the Commission has the option to continue it. Commissioner Oaxaca said He said he would like a greater time period between the end of the environmental review up to the Planning Commission hearing date. Jeff Bloom, Deputy City Manager, Economic & Community Development stated that late comments come in response to the environmental review period and to the public hearing. He said even if the item is postponed the letters can be brought in at the last minute at the continued hearing. He said even if the City cut off the public review period, it does not prevent this from happening. He said the City does not want to punish the applicant by postponing, but if the Commission is uncomfortable, then it should continue the item and ask staff for further review. He said that the mitigations are there for the burrowing owl; that the owls are protected, and that the applicant will not be bulldozing them without consequences. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA July 10, 2013 CONGA Page 6 Mr. Flower stated that some persons will wait to comment at the public hearing; and that sometimes the Commission has gone forward when it believes it is safe to do so and sometimes it did not. He said it is a case-by-case judgment call. Mr. Bloom said it is very frustrating for staff in that it leaves the applicant and staff scrambling to figure out an appropriate response. He said the larger agencies are not always courteous. Moved by Wimberly. seconded by Oaxaca, to adopt Resolution 13-26 approving Tentative Tract Map SUBTT18870, and Resolution 13-27 approving Tree Removal Permit DRC2013- 00483 - carried 5-0. VI. COMMISSION CONCERNS/HISTORIC PRESERVATION AND PLANNING COMMISSION VII. ADJOURNMENT 8:10PM