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HomeMy WebLinkAbout2017/08/09 - Minutes - PC-HPCAUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER Pledge of Allegiance 7:03 PM Roll Call: Chairman Oaxaca X Vice Chairman Macias X Commissioner Fletcher _X_ Commissioner Munoz Commissioner Wimberly • X =X= Additional Staff Present Candyce Burnell. City Planner. Nick Ghirelli. City Attorney: Torn Grahn, Associate Planner. Donald Granger, Senior Planner. Albert Espinoza. Asst. City Engineer: Lois Schrader. Planning Commission Secretary: Mike Smith. Senior Planner: Oat Tian, Assistant Planner: Jana Cook. Community Improvement Manager: Michael Frasure, Building Inspection Supervisor, Rob Ball, Fire Marshall B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The 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 embers 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. Brian Heibelin, 12778 Camassia Court reported a haunted house operation is an issue in his neighborhood. He said it is loud, it takes 2 weeks to set up, there is excessive traffic, trash everywhere and a safety issue. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Page 1 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of July 26, 2017 Moved by Munoz. seconded by Wimberly carried (4-0-1 Fletcher Abstain) to adopt the minutes of July 26. 2017. D. ANNOUNCEMENTS/PRESENTATIONS D1. INTRODUCTION TO THE CENTRAL PARK MASTER PLAN UPDATE Presentation by Dr. Sean Welsh, Parks and Recreation Commissioner, gave an update on the process and invited the public to the 3 workshops scheduled at Central park 6-8 pin. He distributed flyers and noted there is no funding for this project or on reserve for this project. E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. El. DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to add a definition for "haunted house" and to add additional requirements for the operation of haunted house temporary uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to the City Council for final action. Page 2 of 12 mu%jua 1 .7, cu I / HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Dat Tran. Assistant Planner, gave a PowerPoint presentation (copy on file) summarizing the code amendment proposal. It was note(] that the attachment to the resolution is placed before the Commission for review. Rob Ball, Fire Marshall reviewed the Fire Code definition and noted that haunted houses are intentionally constructed to be confusing such as a rnaze with lack of lighting and this creates an atmosphere of suspense or anxiety. He said there are both Small (accommodate less than 50 people at a time) and large varieties of haunted houses. He said they received complaints last year and the impacts may need to be addressed with respect to haunted houses in • residential neighborhoods. Chairman Oaxaca asked how many complaints were received. He said of the complaints one was associated with a residential type haunted house. Jana Cook, Community Improvement Manager said the Fire Department generally handled all reports and complaints although Community Improvement dealt with noise complaints from larger commercial type operations. She said without regulations there is no way to enforce these operations. She said she supports staff's recornmendation. Chairman Oaxaca asked if she could give an example of a comparison. Ms. Cook said there is a large party ordinance, but enforcement is dependent upon if the hosts are repeatedly hosting large parties which means the police would have to come back more than once to enforce it. Since this use is not repetitive, there is no opportunity to come back. She said the complaints are typically foot traffic. property trespassing, noise. sanitation. trash. etc. Commissioner Wimberly ask about our capability for the city or our agencies to enforce anything. He asked what the City can do to them if they put up a haunted house without a permit. Ms. Cook said it is part of Title 1 of the Municipal Code/a misdemeanor which can be prosecuted criminally or administratively — she said there may also be Building Code • violations. Page 3 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Michael Frasure, Building Inspection Supervisor said smaller haunted houses in neighborhoods are not typically violating the Building Code, but they do erect hazards. He said the larger ones have significant props, tunnels, walls and electrical issues. He said building permits would be required. He said a good example would be the haunted house operated by Bass Pro — it is regulated well. Mr. Tran noted that v✓e also reached out to the public viith a newspaper ad and others that contacted us and we gave the 3 largest haunted house operators an opportunity to provide comments to us. Chairman Oaxaca opened the public hearing. • Dale Waterman 10185 Palo Alto said he has had a haunted house for 25 years and has operated a haunted house at this address with no complaints. He said they receive thanks and accolades from the neighbors for a fun and safe event. He said they cease at 10pm except on Friday & Saturday. He said he believes a ban on haunted houses in residential areas is an extreme response. He suggested the City limit the days/hours/and not allow for money or donations instead of approving the drafted arnendrnent. Commissioner Fletcher asked if they advertise. Mr: Waterman said it is by word of mouth only with a fabric sign. Karen Michael 12789 Carnassia Court said she has been a resident for 30 years and there is a haunted house that operates across the street from her. She said it goes for 4 days, late beyond 10:00 pm, there is trash, dtinking,'alcohol, and cigarette butts on her wall. She said the operator asked teenagers to provide .security and there were other complaints on the street. She said the operator she is referring to does advertise on the internet and collected donations but they discovered the donation was "after expenses." therefore no money was actually donated. Mario Gonzalez. 7611 Duck Creek Place said he is ao operator and a general contractor said it has been a tradition for many years. He said one year the Fire Department shut him down and he learned a lot from Rob Ball as to how to make the needed improvements. He said a • buddy of his went commercial but he chose to stay residential. He said he donates to the children hospital and never had complaints. He said they operate more than one day. Page 4 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mohammed (-unintelligible-) said he is Mario's neighbor and his haunted house is a great addition to the community and a tradition. He said there are no complaints -it is safe and organized. Dale Waterman said these people (Mr: Gonzalez) seem to run an excellent operation- he said complaints were received for one haunted house. He suggested operating for one day should be acceptable. He said he would want to be sure if its out of control it gets managed. • Kevin Keilly residing at 10170 25" Street said he lives in the old town area— He said he had c. haunted house and it expanded over the years —then he helped Dale and Mario with theirs. He suggested an alternate proposal (copy on file). He suggested restricted days hour's, the operation be totally free and no donations taken, no sales, a requirement to clear trash withir a 100-foot radius /no advertising but allow them their facebook page and if the operator does not follow the rules then the City can deny future permits. Commissioner Macias asked if he has liability insurance for his haunted house operation. Mr. Keilly was unsure. Commissioner Fletcher asked if his haunted house is inside the house. Mr. Keilly said it is all outside and not within the house. Commissioner Fletcher asked if he could do it at a church or community center as it becomes more than a neighborhood thing with crowds and using social media may not work out Mr. Keilly said he works with the Waterman's on theirs. Chairman Oaxaca closed the public hearing. Commissioner Macias said Halloween is great fun and he respects the traditions and neighborhood expectations however. there is always someone who messes it up for everyone • else. He said he values the integrity of our residential community and public safety. He said he did not believe time or clay constraints will limit the potential for complaints. He said if we allow these to continue and not regulate them, there will be more and more. He said the Page 5 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA amendment is reasonable and prudent and if a haunted house is that sophisticated then it could be done in a rented -out facility. He also expressed concern about protecting residents and the operators. He said they need to demonstrate they have liability insurance. He said he -supports staff recommendation with the additional requirement that operators prove they have insurance. Commissioner Munoz agreed and empathized with those running good haunted house operations He said he is concerned about the complaints about drinking/trash 3 other neighbor complaints and particularly took issue with using teenagers as guards security. He said other persons come in from other communities for these and we need to ensure safety, is said any violation could be deadly and poses a teat concern for children such as excess vehicles. He said operators of homemade haunted houses can -not control all of these things. He said he has a concern for the City at large and supports the recommendation of staff. Commissioner Wimberly concurred with all the prior comments and said some operators believe this amendment is harsh, but there are safety issues and. liability and therefore he supports the amendments. Cornnussioner Fletcher said he did not know if homeowners' insurance would cover this type of operation at a private residence. He said this situation is difficult to enforce and would be better held at some non-residential location. He said if they are doing it for donations -there is always a desire to raise more each year and therefore finding a different location would be better for their efforts. He said Rancho Cucamonga has a reputation as a safe and peaceful city - all residents should have quiet peaceful enjoyment of their neighborhood- staff (lid well assessing and hearing the concerns of all. He said a ban in residential areas is a good solution and does not restrict those who want haunted houses, it just requires a different location. Chairman Oaxaca thanked staff for the detailed report. He said he is a Halloween fan and guilty of decorating for Halloween. He said he initially believed there were many more complaints than what were reported by staff and there are two residential haunted houses that are managed responsibly. He said he .vould like additional discussion to provide a pathway for haunted houses in residential areas. He said community integrity also means there are opportunities for people to interact. He said he is sensitive to the challenges for staff to maintain safely and enforce and also has sensitivity to the neighbors. He said he feels this • may be a heavy handed/sledgehammer to a small nail. He asked if any of the other commissioners were oven to accommodate additional discussion. Page 6 of 12 muuuo 1 .79 LV I HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTE'S RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Fletcher said he neglected to mention social media, noting that it is very easy to inundate a neighborhood with outside residents coming in. He said when haunted houses become competitive with the need to be better each year then it is not a neighborhood event anymore as they are drawing people outside of city. He said this principal can also apply to parties and other, events and it causes severe problems. He said he had over 300 people show up to a party held in his neighborhood and the Police Department came and shut it down. He said If we allow haunted houses in residential areas this will occur. • Chairman Oaxaca said the speaker noted it was his personal Facebook page meaning his own followers, and not advertising. Vise Chairman Macias said as these continue. they become more popular and just like cellphones and texting-this will continue to 'haunt -their activities -kids will text and meet there. He said he was not sure this is a community activity as these activities attract the younger folks that may not necessarily be front that neighborhood. He added that the word spreads year over year. He said his decision still stands -it's about the integrity of residential communities. Commissioner Munoz concurred with Commissioners Fletcher & Macias - he said it is an activity that will get bigger. He said the Commission is not here to discuss alternatives as a have proposal is before us that has been researched. He said we have to give the first responders, the Planning department. the code, and the Building Official what they need to keep public safe. He said he is glad some clean up after themselves but these can create a nuisance. He moved to approve staffs recommendation. Vice Chairman Macias said he would also like to consider adding language to require applicants to prove they have liability coverage for the uses in the General Industrial and Commercial areas. Nick Ghirelli, City Attorney said we are not prepared to provide that language tonight but that the City Pisk Manager should advise us on that. He recommended we could include language to show proof of liability insurance as we// as making the definition for haunted houses be • made consistent with the definition from the California Building and Fire Code. Page 7 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Moved by Munoz, seconded by Fletcher, carried 4-1 (Oaxaca opposed) to adopt the resolution as amended with the corrected definition recommending approval of Development Code Amendment DRC2017-00400 to be foiwarded to the City Council for final action. The Commission asked for an inclusion of a requitement of applicant/haunted house operators to provide proof of liability insurance. Staff will pursue the request with the City Risk Manager. E2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00206 - PACIFIC SUMMIT FOOTHILL, LLC - A request to amend tables and text, including clarifying text as necessary, in the General Plan to allow the development of land that contains slopes of 30 percent or greater. Related files: Tentative Tract Map SUBTT16605M, Design Review • DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E3. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP MODIFICATION SUBTT16605M - PACIFIC SUMMIT FOOTHILL, LLC - A request subdivide 24.19 acres into 6 parcels for the development of 175 condominium units in the Mixed Use (MU) District located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Pacific Electric Trail Right -of -Way; 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E4. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2012-00672 - PACIFIC SUMMIT FOOTHILL, LLC - A request to develop 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207- 101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Variance DRC2016- 00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. • Page 8 of 12 wvv'-.1 1 .79 AL I I HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E5. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00207 - PACIFIC SUMMIT FOOTHILL, LLC - A request to exceed the 30 foot building envelop established by Development Code Section 17.122.020.D.1.e.(i and ii) for the develop 175 attached condominium units on 24.19 acres of land in the Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E6. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT - DRC2012-00673 - PACIFIC SUMMIT FOOTHILL, LLC - A request to remove 188 trees associated with the proposed development of 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way, APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Variance DRC2016-00207. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. Tom Grahn. Associate Planner, noted two iterns of correspondence had been received related to the project application, one from the Department of Fish and Wildlife suggesting an additional mitigation measure and the other from Hank Stoy. a Red Hill resident in opposition of the development (copies on file and placed before the Commission). He said staff is asking to continue the items to allow time to address comments and to allow for an additional neighborhood meeting prior to the Planning Commission public hearing. He said the neighborhood meeting is next Thursday at the Lions Community Center from 6.30-7:30 pm. He said notices can be mailed out tomorrow. He said although the Staff report recommends a continuance to a non-specific date, staff now recommends they be continued to the August 23, 2017 hearing date. He said the iterns will be re -noticed, posted and advertised. Chairman Oaxaca opened the public hearing. • Hank Stoy 8509 Calle Carabe thanked Mr. Grahn for being so accessible and responsive. He said he did not have specific project comments at this time and he and some other, individuals Page 9 of 12 r+vvva I .7, cv It HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA will come to the next hearing. He said they expect to get notice and the next meeting may not allow for enough notice. He suggested it be continued to the first meeting in September instead. Commissioner Fletcher said he sensed Mr: Stoy did not think it was enough time for noticing. Mr. Grahn said that with the new mailing notice and the neighborhood meeting there should be enough tirne. Moved by Munoz, seconded by Wimberly, carried 5-0 to continue Items E2-E6 to the • August 23, 2017 meeting date and that the items would be re -advertised for that date. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz noted our representatives in Sacramento will be addressing housing issues when they reconvene. He said one Bill holds cities to RHNA numbers and removes any latitude from cities. He said he is opposed. He also noted Bill 649 and that our City is on record as being opposed. He said once the Bill is published there is only,) 3-day window to effectively oppose the decision. COMMISSION ANNOUNCEMENTS: None F. ADJOURNMENT 8:43 PM 1, 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 August 3, 2017, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. • Page 10 of 12 I P%U%JUO 1 U, cv 1 tr HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga 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. is 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 Page 11 of 12 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 $2,725 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. • Page 12 of 12