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HomeMy WebLinkAbout2012/03/14 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting March 14, 2012 Vice Chairman Howdyshell called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:04 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Francisco Oaxaca, Ray Wimberly ABSENT: Lou Munoz STAFF PRESENT: Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Tabe Van der Zwaag, Associate Planner ANNOUNCEMENTS None APPROVAL OF MINUTES No action was taken on the minutes of February 8, 2012 because of a lack of quorum for the specific approval of those minutes. Motion: Moved by Wimberly, seconded by Fletcher, carried 3-0-1-1, (Oaxaca abstain, Munoz absent) to approve the minutes of February 22, 2012 Motion: Moved by Wimberly, seconded by Fletcher, carried 3-0-1-1, (Oaxaca abstain, Munoz absent) to approve the Adjourned Meeting minutes of February 22, 2012 CONSENT CALENDAR • A. DISPOSITION OF CITY OWNED PROPERTY ON THE EAST SIDE OF DOLCETTO PLACE, NORTH OF GARCIA DRIVE AND SOUTH OF VIA VENETO DRIVE, ADJACENT TO TENTATIVE TRACT 18096 — A request to find the quit claiming of Lots D and E of Tract 15711-1 in conformance with the General Plan -APN 1100-181-37 and 1100-181-38. Motion: . Moved by Oaxaca, seconded by Wimberly,to adopt the Consent Calendar as presented. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: MUNOZ - carried PUBLIC HEARINGS B. CONDITIONAL USE PERMIT DRC2011-00873 - AT&T MOBILITY - a request to modify the existing wireless communication facility housed in a 57-foot, 6-inch high cross tower(MDR 00- 14) in order to replace the 3 existing antennas with 6 new antennas and related equipment for a site located on the north side of Highland Avenue and west of Cambridge Avenue in the Low(L) Residential District at 9944 Highland Avenue - APN: 0201-055-49. Staff has determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 exemption - existing facilities) Tabe van der Zwaag, Associate Planner, gave the staff report. Edwin Kim, 381 Elmwood Drive, Pasadena stated he represents the applicants. He said he had nothing to add to the staff report and he was available for questions. Vice Chairman Howdyshell offered her compliments to the applicants for maintaining and using the structure that is there already to increase the transmission technology in the area. She said it has good aesthetics and is very attractive. Mr. Kim said he worked closely with the Planning staff on the design. Commissioner Wimberly said this represents a straightforward upgrade of technology. He also complimented them because they kept the structure intact. Motion: Moved by Fletcher, seconded by Wimberly, to adopt the Resolution of Approval for Conditional Use Permit DRC2011-00873. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: MUNOZ - carried NEW BUSINESS C. CONDITIONAL USE PERMIT DRC2010-00188 AND ENTERTAINMENT PERMIT DRC2010-00189-A request to initiate the review of a business known as Mc Alan's Pub&Grill located at 6321 Haven Avenue -APN: 0201-272-06. Larry Henderson, Principal Planner presented the staff report. He said the request for this item came from Police Chief Mike Newcombe, as there were several recent incidents at this location that are rather serious. He said staff met with the owner, Charlie Buquet (representing the applicant) and Deputies Wright and Bahia. He said it was suggested the owner(Stacy Wendler)surrender her Entertainment Permit and cease all entertainment activities until a new permit is approved and on file but a letter to that effect has not yet been received. He said there are e-mails received today regarding this and those are on file. He said he did receive a response from Charlie Buquet later today asking her to confirm but it did not confirm the surrender of the permit. He said it did not contain the verbiage regarding the surrender of the entertainment. He said the item tonight is to initiate a review of the Entertainment Permit and the Conditional Use Permit (for serving alcohol) and bring it back for a public hearing. Vice Chair asked for a report from the deputies regarding calls for service. Planning Commission Minutes -2- March 14, 2012 • Deputy Bahia stated he serves on the Alcohol Compliance Team. He mentioned that in the past 90 days there have been two serious assaults including a rape, alcohol poisoning and one assault with a deadly weapon and numerous DUI's. He said the calls have become serious in a short period of time and the Police would like to bring their permits forward for review and to find a way to fix the problem. Commissioner Oaxaca asked if these incidents occurred in the last 90 days and if they occurred in close proximity or if they could be directly related to McAlans. Deputy Bahia responded affirmatively and added that one sexual assault was committed behind their building in full view with the suspects friends cheering them on. Commissioner Oaxaca asked if there is a relative timeframe in which these events are occurring. Deputy Bahia said it is usually close to or in the late hours; 11:00 p.m. and later. Vice Chairman Howdyshell asked how many calls for service there were. Deputy Bahia said there were at least 12 in the last 90 days. He said there were over 30 in the last year as well as several DUI's attributed to McAlans. Deputy Wright elaborated on some of the recent fights in the business and in their parking lot. He noted that one incident was quickly resolved because a deputy was already on site taking another report and the armed security person assisted in stopping a knife attack. He said their compliance team knows how hard it would be to sell this business without a CUP in place and the Police believe in being business friendly and to work with the business owners. He said she indicated she had the intent to sell the business. He said their focus is for public safety and to help her. He said they consulted with their Chief and staff and asked the owner if she would willingly surrender the Entertainment Permit so she could still sell the business with the CUP still in place. Vice Chairman Howdyshell asked if we know if a certain element is being drawn to the business as a result of their advertising. Deputy Wright said they are not having too many problems with other businesses right now with respect to their advertising. He said they have worked with Ms. Wendler for a long time and they believe she needs to totally change her clientele. He said security has been added, but she can't seem to change it-this element seems to gravitate to it. He said she has tried, but it is not working and she has complied with all their suggestions and tried to fix it. He said she would need to have a complete turn around of clientele that comes in. Vice Chairman Howdyshell said it is good to know the owner is being compliant and working with the City of Rancho Cucamonga. Commissioner Fletcher asked the deputies if they thought the problems have to do with entertainment and the type of entertainment being offered and on the nights there is entertainment. He asked if they thought that surrendering the Entertainment Permit would solve most of the problems. Deputy Wright said yes, the type of music they offer is the type that draws this crowd. He said they are not all bad but they get rowdy. He said surrendering the permit would cut it back. He said if she does not sell the business, the owner has been asking about other types of entertainment might work and his team is trying to assist with public safety and help eliminate the stress she is experiencing. Planning Commission Minutes -3- March 14, 2012 Commissioner Oaxaca noted that the Commission recently approved a change of hours of operation for this location. He asked if the hours are or are not the big issue. Deputy Wright said he did not think the hours are a big issue; it is mainly the entertainment. Deputy Bahia concurred; he did not think the hours are the main issue. Commissioner Wimberly commended the deputies for their proactive approach in working with the owner and staff. Charlie Buquet stated he is representing the owner, Stacy Wendler. He apologized there was no formal letter on her behalf as she is traveling. He assured the Commission that staff would receive it tomorrow. He said the discussions have been very positive and they will come back to the Planning Commission with collective solutions. He said he did not much to add as staff did a good job. Commissioner Fletcher asked if there will be a written withdrawal of the permit. Mr. Buquet said yes; she did not provide it at the time because she was driving. Commissioner Wimberly asked for clarification that she is surrendering the Entertainment Permit. Vice Chairman Howdyshell asked if they would have it in 24 hours. Mr. Buquet said the letter would be in tomorrow. Commissioner Wimberly asked if that would be before the close of business tomorrow(March 15). Mr. Buquet said yes, he would make sure staff has that and that she concurs with process and is moving forward in a positive direction. Mr. Henderson said the Commission action can be to initiate now to remove the permits or table the issue until more information is brought forward by the Police or continue the item to a date certain for an update. He said staff could bring it back at the soonest in 4 weeks to allow time for legal noticing and documentation. Commissioner Wimberly said asked if the process of removing the threat with Entertainment Permit being surrendered would that resolve some of the issues for now. Mr. Henderson said it does. He reported that if anything further happens in next 3-6 months it would not reflect favorably on the CUP. He said the owner is aware of that. He said it does not negate anything that happened before this time or anything in the future. Vice Chairman Howdyshell confirmed that if staff receives the surrender of the Entertainment Permit in the next 24 hours then that could change the atmosphere there. She then opened the public hearing and seeing and hearing no comment, she closed the public hearing. Commissioner Fletcher said he thought much of this would be resolved if we receive the written withdrawal of the EP and he did not see much point in pursuing a review if that happens. He said we could have another update report in 4 weeks and see how it worked out. Commissioner Wimberly agreed that provided the EP is surrendered, the Commission could have an update report/review. Planning Commission Minutes -4- March 14, 2012 Mr. Henderson confirmed that they meant just a status report and not a public hearing type of review. Commissioner Wimberly confirmed that provided we receive the letter of surrender, staff will then get a fresh report from the Police Department, compile any relevant information and bring a status report back to the Commission. Vice Chairman Howdyshell noted that report would occur at the meeting of April 11, 2012. Commissioner Oaxaca added that the Commission would like to be notified when the letter is received. Motion: Moved by Fletcher, seconded by Oaxaca, subject to receiving a letter from the business owner by close of business tomorrow to not initiate the review of Conditional Use Permit DRC2010- 00188 and Entertainment Permit DRC2010-00188 at this time but to provide the Commission with an update report on April 11, 2012. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: MUNOZ, - carried PUBLIC COMMENTS None « « « « « COMMISSION BUSINESS AND COMMENTS • None • « « « « « ADJOURNMENT Motion: Moved by Wimberly, seconded by Fletcher, carried 4-0-1, to adjourn. The Planning Commission adjourned at 7:37 p.m. Respectfully submitted, dAiirr Ja elfi s R. Y er AICP Secretary Approved: March 28, 2012 Planning Commission Minutes -5- March 14, 2012