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HomeMy WebLinkAbout2014/11/12 - Minutes - PC-HPC THE CITY OF RANCHO CUCAMONGA THE MINUTES OF RANCHO CONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION NOVEMBER 12, 2014 - 7:00 PM Rancho Cucamonga Civic Center TRI-COMMUNITIES ROOM 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER ' Pledge of Allegiance 7:00 PM Roll Call Chairman Wimberly X Vice Chairman Oaxaca X Munoz A Howdyshell A Fletcher X Additional Staff Present: Candyce Burnett, Planning Director; Jeff Bloom, Deputy City Manager/Economic and Community Development; Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Dominick Perez, Assistant Planner; Lois Schrader, Planning Commission Secretary; Tabe van der Zwaag, Associate Planner 11 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 MINUTES W,,C„o NOVEMBER 12, 2014 UrAMfoNGA Page 2 Luana Hernandez representing Route 66 IECA reported the historic gas station has received a fresh coat of stucco and when it is fully dry they will proceed with additional planned improvements. She encouraged folks to stop by and take a look. III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION A. Approval of minutes dated October 8, 2014 Moved by Fletcher, seconded by Oaxaca to adopt the Consent Calendar 3-0-2 (Howdyshell, Munoz absent). IV. DIRECTOR'S REPORTS/PLANNING COMMISSION ' B. CONDITIONAL USE PERMIT (MODIFICATION) DRC2013-01025 - HK'S BAR AND GRILL— A 6-month progress report to review compliance with Conditional Use Permit (Modification) DRC2012-01025 for the operation of a bar and grill within the Neighborhood Commercial(NC)Development District, located at 9740 19th Street-APN: 1076-011-10. C. ENTERTAINMENT PERMIT DRC2013-01027 - HK'S BAR AND GRILL - A 6-month progress report to review compliance with the approved Entertainment Permit at HK'S Bar and Grill within the Neighborhood Commercial(NC) Development District, located at 9740 19th Street— APN: 1076-011-10. Tabe van der Zwaag, Associate Planner gave the staff report and a brief PowerPoint presentation. He said the business operation had some challenges in their past and they are here this evening for a required 6-month review. The business is in compliance with only one Police call for service. All required security measures are in place and working. He noted staff has made several visits to verify the business is fully compliant. Chairman Wimberly asked if the ACT monitors them. Mr. van der Zwaag said they will continue to do their regular checks and notify us if there are any problems. Commissioner Fletcher agreed with staffs recommendation. ' Commissioner Oaxaca thanked the applicant for doing what they should and there is a positive result. HISTORIC PRESERVATION COMMISSION ;s AND PLANNING COMMISSION MINUTES NOVEMBER 12, 2014 C`rAMoNa Page 3 Chairman Wimberly said it is nice to see they have improved so much and area business we can be proud of. B. C. The Secretary received and filed the report. The Commission will not require another update unless it is found to be necessary. 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. D. TENTATIVE TRACT MAP SUBTT18961 - TRACY RASZEWSKI FOR HOIKE, LLC - A ' request to subdivide one existing 4.75 acre parcel into 7 parcels within the Equestrian Overlay of the Very Low(VL) Residential Zoning District located at the northeast corner of Sapphire Street and Brittany Lane at 5615 Sapphire Street - APN: 1061-691-04. This project is categorically exempt per Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act and the City CEQA Guidelines. It is a Class 32 categorical exemption because the project includes in-fill development consistent with the applicable General Plan designation and regulations. Dominick Perez, Assistant Planner. presented the staff report and gave a brief PowerPoint presentation (copy on file). He said because of grading and design concerns. staff is recommending the project be continued to a future meeting date to allow time for the applicant to work with staff on those concerns. He rioted a petition from the neighbors has been received and copies have been placed before the Commission. Steven Flower, recommended the hearing be opened and then if the Commission is so inclined, make a motion for a continuance to an unspecified date. Chairman Wimberly opened the public hearing. Bobby Gonzalez, 8388 Brittany Lane, said he appreciates the suggestion of a continuance. He cited drainage issues and said all the water from the subject property drains to the south. He added that no runoff is retained by the retaining wall. Rodrigo De La Cruz. 8369 Brittany Lane said they had serious drainage/ water issues t during a previous winter when only 3 houses were in his tract. He said there are now 6 houses there. He added that there is also an issue with water coming off the horse trail. Michael Mulgrew, 5650 Sapphire Street said he is an Engineer. He stated in his professional opinion that there is a problem with the conceptual grading plan with respect to the slopes. He asked that the developer move- the slopes from the front yards to the HISTORIC PRESERVATION COMMISSION ' AND PLANNING COMMISSION MINUTES NOVEMBER 12, 2014 Com+GA Page 4 back and side yards to mirror the other adjacent developments. He said the proposed slopes are 10 feet tall with 2:1 slopes in the front yard. He said he reviewed the drainage report prepared in 1992. He said the inlet on Brittany has not been sized properly and the property drainage system appears to be deficient. Paul Syiem, 8307 Orchid said every time it rains he must place boulders to divert the drainage run-off. He said the children cannot cross the road because of dangerous fast moving water. He was told by the City it is an outlet and not an inlet. He submitted photos for the record. Chairman Wimberly noted that several issues have been raised. Candyce Burnett. Planning Director said staff recommends a Continuance to an unspecified date so we can address and review the concerns more thoroughly. D. Moved by Fletcher, seconded by Oaxaca. carried 3-0-2 (Howdyshell. Munoz absent) , to continue the application for Tentative Tract Map 18961 to unspecified date. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19528 - SHAREEF AWAD-A request to subdivide a 58,745 square foot parcel into two parcels for a site located on the south side of Banyan Street and east of East Avenue in the Very Low (VL) Development District of the Etiwanda Specific Plan at 13351 Banyan Street APN: 0225-191-37. Related Case: Variance DRC2014-00530 and Site Development Review DRC2014-00514. Staff has prepared a Negative Declaration for consideration. F. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2014-00530 - SHAREEF AWAD -A request to reduce the required lot depth requirement from 200 feet to 166 feet related to a request to subdivide a 58,745 square foot parcel into two parcels (SUBTPM19528) for a site located on the south side of Banyan Street and east of East Avenue in the Very Low(VL) Development District of the Etiwanda Specific Plan at 13351 Banyan Street APN: 0225-191-37. Related Case: SUBPTM19528 and Site Development Review DRC2014-00514. Staff has prepared a Negative Declaration for consideration. G. ENVIRONMENTAL ASSESSMENT AND SITE DEVELOPMENT REVIEW DRC2014- 00514 - SHAREEF AWAD - A request to construct a circular driveway for a single-family residence for a site located on the south side of Banyan Street and east of East Avenue in the Very Low (VL) Development District of the Etiwanda Specific Plan at 13351 Banyan Street APN: 0225-191-37. Related Case: SUBPTM19528 and Variance DRC2014-00530. Staff has prepared a Negative Declaration for consideration. Tabe van der Zwaag. Associate Planner, gave the staff report and PowerPoint presentation (copy on file). He noted that staff received a letter from the Department of Fish and Wildlife expressing concern of the determination to file a Negative Declaration of environmental impacts rather than a Mitigated Negative Declaration and a request to perform a habitat assessment, survey and impact assessment for Burrowing Owls and to HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES NOVEMBER 12, 2014 CMAMGA Page 5 mitigate for nesting brads. Staff believes that this would be a very rninor project and exempt if a Variance had not been required by the Development Code. He said to address the concern, Staff is recommending the following condition: Mr. van der Zwaag read into the record the following condition: Prior to approval of a Grading Plan or Tree Removal Permit. the applicant shall submit a Biological and Habitat Survey assessing whether the project site is habitat for the Burrowing Owl. nesting birds or protected plant communities. The Biological and Habitat Survey shall conform to the Department of Fish and Wildlife's recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game. March 2012) and the Department of Fish arid Wildlife's 2009 Protocols for Surveying and Evaluating Impact to Special Status Native Plant Populations and Natural Communities. If the Biological and Habitat Survey determines that there are Burrowing Owls or Burrowing Owl habitat. nesting birds or projected plan communities. the applicant ' shall comply with all of the recommendations made in the survey prior to approval of said permits. Vice Chairman Oaxaca asked if in staffs opinion if the project would be exempt if not f or the required Variance. Mr. van der Zwaag said yes and noted that very little of the lot is untouched and it would be very improbable that the owls would be present. He said he noted our intentions to the Department of Fish and Wildlife and received no response. Commissioner Fletcher asked why the Variance trigger this requirement or level of environmental review. Steven Flower. Assistant City Attorney said it is part of the CEQA Guidelines. He said if the application was just for the small subdivision, the project would have qualified for exempt status. He said because our code requires a Variance to modify the driveway. it takes it out of the realm of being exempt because the project does not conform to the required standards. Mr. Awad, property owner, said other side is not really vacant, as it currently has a horse barn and he previously removed another structure that was falling down. He said he would comply with the condition. He said he wants to build a nice house on the vacant lot, remodel existing house, and make improvements to the street and trail. ' Chairman Wimberly opened public hearing and seeing and hearing none closed the public hearing. Commissioner Fletcher said he has 00 issues with the request-it all makes sense and it is HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES NOVEMBER 12, 2014 CrAMoNGA Page 6 compatible with the surrounding area. Vice Chairman Oaxaca thanked the applicant for being willing to cooperate. Chairman Wimberly agreed. and also thanked the applicant for accepting the condition. E. F. G. Moved by Fletcher. seconded by Oaxaca. carried 3-0-2 (Howdyshell, Munoz absent) to adopt the Negative Declaration of environmental impacts and to adopt Planning Commission Resolution 14-50 approving Tentative Parcel Map SUBTPM19528. 14-51 approving Variance DRC2014-00530 and 14-52 approving Site Development Review DRC2014-00514 with the added condition previously read into the record. VI. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION ' H. INTER-AGENCY UPDATES - Chairman Wimberly noted that Commissioner Munoz could not attend this evening because he is at a conference for the League of California Cities in Sacramento. I. COMMISSION ANNOUNCEMENTS Commissioner Fletcher asked legal counsel about the late notice received from Fish and Game regarding our advertised Notices of Intent to adopt a Negative Declaration of environmental impacts. Steven Flower, Assistant City Attorney stated they can email them in. He said that our cutoff for comments includes the meeting date. VII. ADJOURNMENT 7:35 PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 6, 2014. at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ® If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. ' HISTORIC PRESERVATION COMMISSION iz AND PLANNING COMMISSION MINUTES NOVEMBER 12, 2014 CONGA Page 7 INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak,given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking,please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. ' If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,486 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us THIS HIGHLIGHTED SECTION MAY BE REMOVED WHEN PREPARING THE ACTION AGENDA AND MINUTES. t