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HomeMy WebLinkAbout2015/11/10 - Minutes - PC-HPC THE CITY OF RANCHO CUCAMONGA THE MINUTES OF A SPECIAL MEETING OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION NOVEMBER 10, 2015 - 7:00 PM Rancho Cucamonga Civic Center COUNCIL CHAMBERS 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER ' Pledge of Allegiance Roll Call 4:30PM Chairman Wimberly X Vice Chairman Oaxaca X Munoz X Macias 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; Jennifer Nakamura, Associate Planner;Dominick Perez,Assistant Planner; Lois Schrader, Planning Commission Secretary; Jennifer Palacios, Office Specialist ll; 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 J� RANiaio NOVEMBER 10, 2015 G'CCA.MONGA Page 2 III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING CONIMISSION A. Consideration of minutes dated October 28, 2015 B. VACATION OF A 25-FOOT WIDE STORM DRAIN EASEMENT, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND THE SR-210 FREEWAY(V-231)—CCI LOT 9 HAVEN LLC The minutes shown as Item A were removed from the Consent Calendar to be considered by the Commission at a future meeting. Moved by Munoz, seconded by Oaxaca, carried 4-0-1, (Macias absent) to adopt Item 8 of the consent calendar. IV. 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. C. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2015-00388 - LEWIS RETAIL CENTERS—A request to change the General Plan Land Use Designation for 10.94 acres of land from Low Medium (LM) Residential to Neighborhood Commercial (NC) related to the construction of a 100,135 square foot 9-building multi-tenant retail center located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan — APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, Victoria Community Plan Amendment ORC2014 00390, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2015-00390 - LEWIS RETAIL CENTERS — A request to change the Victoria Community Plan Zoning Designation for 10.94 acres of land from Low Medium (LM) Residential (4-8 dwelling units per acre) to Village Commercial (VC) related to the construction of a 100,135 square foot 9-building multi-tenant retail center at the northwest corner of Day Creek Boulevard and Base Line Road. The Amendment also includes changing the zoning designation for 4 contiguous acres of land from Medium (M) Residential (8-14 dwelling units per acre) to Low Medium (LM) Residential (4-8 dwelling units per acre)and a text amendment clarifying development standards—APN's: 1089-031- „ .>. HISTORIC PRESERVATION COMMISSION ' AND PLANNING COMMISSION MINUTES �A,C„G NOVEMBER 10, 2015 CUCAMONGA Page 3 15, 16, 35 and a portion of 1089-031-14. Related cases: Design Review DRC2015-00386, General Plan Amendment DRC2014 00388, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM19637 - LEWIS RETAIL CENTERS — A request to subdivide 14.08 acres of land into 6 parcels of land on 10.08 acres of land for the purposes of developing a retail center and a 4-acre remainder parcel for residential purposes for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan—APN's: 1089-031-15 and 16. Related cases: Design Review DRC2015- 00386, General Plan Amendment DRC2014 00388, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. F. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015-00386 - LEWIS RETAIL CENTERS —A request for site plan and architectural review of a 100,135 square foot 9-building multi-tenant retail center that includes a 44,988 square foot major tenant building, a 15,207 square foot pad building, a 9,160 inline tenant building, two 7,560 square foot inline tenant buildings, a 4,500 square foot inline tenant building, two 3,780 inline tenant buildings and a future 3,600 square foot inline tenant building on 10.94 acres of land located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M) Zoning District of the Victoria Community Plan- APN's: 1089-031-15, 16, 35 and a portion of 1089-031-14. Related cases: General Plan Amendment DRC2014-00388, Victoria Community Plan Amendment DRC2014 00390, Tentative Tract Map SUBTPM19637, Conditional Use Permit DRC2015-00387 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2015-00387- LEWIS RETAIL CENTERS—A request to operate a 100,135 square foot multi-tenant retail center on 10.94 acres of land for a site located at the northwest corner of Day Creek Boulevard and Base Line Road in the Medium (M)Zoning District of the Victoria Community Plan — APN's: 1089-031-15 and 16. Related cases: Design Review DRC2015-00386, General Plan Amendment ORC2014 00388, Victoria Community Plan Amendment DRC2015-00390 and Uniform Sign Program DRC2015-00391. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Tabe van der Zwaag gave the staff report and PowerPoint presentation (copy on file). He noted that staff has been in contact with CDFW because they have asked for expanded mitigations with respect to RAFSS. He said the developer's consultant, LSA, wrote a letter as to why the mitigation measures are sufficient. He said the lights on the project site will be shielded to reduce glare. He noted a letter received from Ms. Walton regarding her concerns about biological impacts of the project. HISTORIC PRESERVATION COMMISSION r : AND PLANNING COMMISSION MINUTES 1 NOVEMBER 10, 2015 CUCAMONGA Page 4 Walt Mitchell of Lewis Retail said it is a community friendly project. He noted that they addressed the comments from staff and the Planning Commission re: winery elements. He said he believes it fits with the community. He thanked staff for their assistance during the review process. Chairman Wimberly opened the public hearing. Natasha Walton submitted a letter(copy on file). She stated she is a biology professor and appreciates open spaces. She asked that they minimize the impacts-preserve RAFSS and restore native vegetation. Eric Walton suggested they plant large native canopy trees (such as oaks), and minimize light pollution. He noted a concern about the Craftsman style lights. Jim Baldovin of CDPC (Landscape architect) said the current plant palette has several low water use plantings. He said he did not recommend oaks as there is not enough space with ' a clear zone to sustain them. He said Sycamores are ok with the character of the project. He said perhaps oaks could be considered with the tie in area with the trail system. Commissioner Munoz asked that staff try to work with the applicant on this. Mr. Baldovin said they are using a chaparral landscape. He said they are working with staff as they need form to follow function and to eliminate water use and work in the space constraints. He said adding natives is an issue. Commissioner Munoz thanked staff and the applicant and the DRC. He said he likes the plaques and hopes they address the native plant issue. He offered his support of the project. Commissioner Fletcher thanked staff for addressing the issues. He said the project is good looking. has interesting additions, and he likes the plant palette but he is ok if they decide to tweak it. Vice Chairman Oaxaca thanked the applicant for being responsive to the Commission comments. He said the project should be a nice addition and complements existing uses. Chairman Wimberly concurred. He thanked staff and the applicant. He said they should work with staff on the conditions. Moved by Munoz, seconded by Oaxaca, carried 4-0-1 (Macias absent) to adopt the resolutions approving Tentative Parcel Map SUBTPM19637, Design Review DRC2015- 00386 and Conditional Use Permit DRC2015-00387 and to forward the Mitigated Negative Declaration of environmental impacts, the General Plan Amendment and the Victoria ' HISTORIC PRESERVATION COMMISSION z�s AND PLANNING COMMISSION MINUTES NOVEMBER 10 jjnncrio , 2015 CUCAMONGA Page 5 Community Plan Amendment to the City Council for final action. H. CONDITIONAL USE PERMIT DRC2015-00886 - BOONSEE THAI MASSAGE - A request to operate a massage establishment within a 834 square foot tenant space located at the northeast corner of Milliken Avenue and Kenyon Way within the Village Commercial (VC) District of the Victoria Community Plan at 11338 Kenyon Way, Unit B; APN: 1089-131-07, Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (CEQA Guidelines Section 15301)exemption, which covers existing facilities. Jennifer Nakamura, Associate Planner presented the staff report and PowerPoint presentation (copy on file). She noted that condition #3 says all violations must be corrected before reopening. She said she received an email in support of the project (copy on file). She reported there is a multi-departmental task force that is working jointly to ' ensure the business is operating safely and legally. Commissioner Munoz asked what triggers an investigation. Ms. Nakamura said they are looking at a permanent organization and possibly an annual inspection for these businesses. She said the owners must be available for periodic inspections and it will be the responsibility of the task force to complete the inspections as required. Commissioner Fletcher asked how many of these businesses are operating today and would the Commission have the authority to deny an application if they felt there were too many. Ms. Nakamura reported that it is a moving target: around 28-30. She said that is not grounds for denial although they have thought about requiring a distance between them or concentration requirements in the long term ordinance. Steven Flower, Assistant City Attorney, said that is a legislative issue and it is not before the Commission to decide. He said only the application is evidence in this case to support or deny the request. He said an Interim ordinance is currently in place. Ms. Nakamura reported that there are no other massage businesses in this immediate center. She said this is anew corporation but it is the same physical person managing this business. ' Chairman Wimberly asked about the prior legislation. Mr. Flower said there were too many local requirements and then they consolidated the land use authority. He said how it is now split: the State has a hand in certification of the HISTORIC PRESERVATION COMMISSION s AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 10, 2015 C`CAMONGA Page 6 operators but they gave back land use authority to the local jurisdictions. He confirmed that if there is a future violation then it could be brought back for the Commission for review including modification, suspension or revocation. Condit Kochaporn said her business is not illegal: they do traditional medical massage, not entertainment. She said she took over the business in December 2014, then she came in August 2015 to change contact person. That is when she found out she had to get a CUP. She said this has been a hardship for her. Chairman Wimberly opened the public hearing. Hearing and seeing none, he closed the public hearing. Commissioner Munoz advised the applicant to read and remember the conditions and to make sure she understands them. Commissioner Fletcher thanked the applicant and wished her good luck. , Vice Chairman Oaxaca also advised that she read her conditions. Chairman Wimberly thanked the applicant for providing the history of the application. Moved by Fletcher, seconded by Oaxaca, carried4-0-1, (Macias absent) to adopt the resolution approving Conditional Use Permit DRC2015-00886. I. CONDITIONAL USE PERMIT DRC2015-00613 - ORCHID BEAUTY DAY SPA-A request to operate a massage establishment within a 1,448 square foot tenant space located on Foothill Boulevard east of Vineyard Avenue within the Community Commercial(CC)zoning district of the Foothill Boulevard Overlay District located at 9000 Foothill Boulevard, Suite 104; APN: 0208-101-17. Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. Jennifer Nakamura. Associate Planner, presented the staff report and PowerPoint presentation (copy on file). Staff, during the vetting process. found that the owner also owns 2 other sites and no violations have been reported at those establishments. Yong Ying Shi, stated her business is mostly skin care services and she understands the conditions of approval and will abide by them. Chairman Wimberly opened the public hearing. Hearing and seeing no comment, he closed the public hearing. Moved by Oaxaca. seconded by Fletcher, carried 4-0-1 (Macias absent) to adopt the HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES NOVEMBER 10, 2015 Gccntiosce Page 7 resolution approving Conditional Use Permit DRC2015-00613 J. CONDITIONAL USE PERMIT DRC2015-00806—V SPA-A request to operate a massage establishment within a 936 square foot tenant space within the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street at 8800 Base Line Road, Unit C; APN: 0202-381-24. Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers existing facilities. Dominick Perez, Associate Planner, presented the staff report and PowerPoint presentation (copy on file). He reported that this is a new owner but the owner has prior experience in southern California and that business operation was in compliance. He said the business for review tonight is closed until the permit is received. Martin Lu stated on behalf of the owner that they offer Chinese acupressure and massage. He said the owner is committed to working with staff and meeting the requirements. Commissioner Fletcher noted that the owner is non-English speaking and asked how she communicates with customers. Mr. Lu stated that other staff members speak English. Chairman Wimberly opened the public hearing. Hearing and seeing no comment, closed the public hearing. Moved by Munoz, seconded by Fletcher, carried 4-0-1 (Macias absent) to adopt the resolution approving Conditional Use Permit DRC2015-00806. K. CONDITIONAL USE PERMIT DRC2015-00848 — ROYAL SPA - A request to operate a massage establishment within a 1,395 square foot tenant space located within Planning Area 10 of the Rancho Cucamonga Industrial Area Specific Plan at the northwest corner of Milliken Avenue and 7th Street at 9090 Milliken Avenue, Suite 130; APN: 0209-272-28. Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (CEQA Guidelines Section 15301)exemption,which covers existing facilities. Staff asked for a continuance of Item K (DRC2015-00848) to December 9. 2015 ' Moved by Munoz, seconded by Oaxaca, carried 4-0-1 (Macias absent) to continue the item to the regular meeting of December 9, 2015. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES IJ C„p NOVEMBER 10, 2015 CUCAMONGA Page 8 V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION L. INTER-AGENCY UPDATES None M. COMMISSION ANNOUNCEMENTS None VI. ADJOURNMENT ' 9:25 PM t, 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 5, 2015, 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. 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. 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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$2,584 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.