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HomeMy WebLinkAbout2011/03/09 - Minutes - PC-HPC • J CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting • March 9, 2011 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:20 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, Lou Munoz, Francisco Oaxaca, Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Donald Granger, Senior Planner; Dan James, Senior Civil Engineer; Jennifer Nakamura,Associate Planner; Lois Schrader, Planning Commission Secretary; Mike-Smith, Associate Planner; James Troyer, Planning Director ANNOUNCEMENTS I James Troyer, Planning Director announced that Lois Schrader, Planning Commission Secretary was awarded the Employee of the Month award. f A M M M APPROVAL OF MINUTES Motion: Moved by Howdyshell,seconded by Fletcher, carried 4-0-1 (Wimberly abstain),to approve the regular meeting minutes of February 23, 2011. Motion: Moved by Oaxaca seconded by Fletcher, carried 4-0-1 (Wimberly abstain), to approve the adjourned meeting minutes of February 23, 2011. Chairman Munoz stated that because of a possible conflict of interest, he would recuse himself from the hearing of Item A. He left the Council Chambers at 7:25 p.m. . PUBLIC HEARINGS A. CONDITIONAL USE PERMIT DRC2010-00237 - T-MOBILE - A request to install a wireless communications facility on an existing utility pole within the public right of way on Sapphire Street, approximately 389 feet north of the centerline of Jennet Street. This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA 1 Guidelines Section 15301 (Class 1 Exemption - Existing Facilities) Jennifer Nakamura, Associate Planner, presented the staff report. She noted one letter of opposition' had been received from a property owner within the 660 foot radius of the site, citing concerns related to health effects, property values, loss of tax revenues and setting of a precedent related to this typed of installation. Steven Flower,Assistant City Attorney said that radio frequency issues and the possible health effects are overseen and governed by Federal law which preempt local laws. He stated that the applicant's installation/operation must comply with Federal standards and that is all the City can require that pertains to those concerns. Amit Patel, 1223 Federal Avenue,#212, stated he represents T-Mobile on this application. He thanked Ms. Nakamura for the excellent job and said that this is a good compromise in that it provides service to the community and also maintains the City's desire to minimize the impact on the space taken on the right-of-way. Commissioner Fletcher asked what is housed in the enclosure. He also asked where they are with a technological advance known as"light radio". He asked what neighboring cities have already put in this type of installation on existing telephone poles. Mr. Patel said within the enclosure there is steel tubing for multiple carriers, battery backup for emergency response and telephone and electrical connections. He said all the carriers are researching light radio and it is still very premature; there is no practical application yet. He said most carriers already do the type of installation proposed tonight but he could not cite a specific location. Chairman Munoz opened the public hearing. Seeing and hearing none, he closed the public hearing. Commissioner Oaxaca commented on the Federal regulations superseding any local regulations. He asked if there was anything that could be added to the resolution about that. Mr. Flower said adding anything in this regard to the resolution would be redundant. He said if they exceed the thresholds spelled out by the Federal regulations, the City would then go through the complaint process and it would be handled that way. Commissioner Oaxaca asked if for future resolutions, should specific language be developed to help the public understand this and to help assuage their concerns. Mr. Flower said he would assist staff with that language for future resolutions. Vice Chairman Howdyshell said she agreed;that there may be more concern about this down the road and additional language in the resolution would be helpful. Commissioner Fletcher said the staff report does not comment regarding both Federal and State regulations as to what communities can do to control these applications. Commissioner Oaxaca also said that the project is exempt from CEQA and therefore does not get the greater level of review. Commissioner Wimberly said he worked with the applicant at DRC. He said all radio frequency situations where the public is exposed are controlled by Federal regulation anyway and they all go through the same process. He said the City really does not have control because we are under Federal mandates. Motion: Moved by Wimberly, seconded by Oaxaca,4-0-1 (Munoz abstain)to adopt the Resolution of Approval for Conditional Use Permit DRC2010-00237. Motion carried by the following vote: Planning Commission Minutes -2- March 9, 2011 AYES: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE ABSTAIN: MUNOZ - carried Chairman Munoz returned to the Council Chambers at 7:40p.m. James Troyer, Planning Director, left the Chambers because he owns property within 500 feet of the project site boundary for Items B and C. He said although he does not vote on the projects being heard, he preferred to remove himself from the hearing to ensure no conflict of interest. Donald Granger, Senior Planner, took over the seat of the Director on the dais. Vice Chairman Howdyshell presided over the hearing. B. CONDITIONAL USE PERMIT DRC2010-00348 - FIEDLER GROUP FOR RALPHS -A proposal to demolish an existing building at 7201 Haven Avenue and to construct a gas station consisting of five(5) dispensers, a kiosk, and overhead canopy within an existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP), located at the northeast corner of Haven Avenue and Base Line Road - APN: 1076-481-25. Related files: Development Review .DRC2010-00348D, and Uniform Sign Program #64 Amendment DRC2010-00537, and Tree Removal Permit DRC2010-00578. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. C. DEVELOPMENT REVIEW DRC2010-00348D - FIEDLER GROUP FOR RALPHS -A proposal to .. .. demolish an existing building at 7201 Haven Avenue and to construct a gas station consisting of five (5)dispensers,a kiosk, and overhead canopy within an existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP), located at the northeast corner of Haven Avenue and Base Line Road - APN: 1076-481-25. Related files: Conditional Use Permit DRC2010-00348, Uniform Sign Program #64 Amendment DRC2010-00537, and Tree Removal Permit DRC2010-00578. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mike Smith,Associate Planner, presented the staff report. He said 9 areas of concern were raised at the neighborhood meeting all of which are detailed in the staff report. The comments and correspondence received in summary were regarding traffic impacts, possible increase in crime, noise, escaping vapors, the visual appearance of Valencia Avenue, too many gas stations close by/no need for another gas station, perceived drop in property values, negative impact of the actual deliveries of the fuel, the neighbors don't want it, accidents on Valencia, and the proposed station is too close to the neighborhood. Mr. Smith read staff's response to each concern shown in the staff report. He said on February 23,2011, staff received comments from the SCAQMD and asked that an additional mitigation be included on the project that would require the timeframe for the demolition of the existing building and the grading process to be spread over an 8 day period with a requirement to water down the site thereby mitigating air quality impacts that might result from the demolition and grading activities. The applicant's environmental consultant responded and the condition was drafted. Mr. Smith reported that copies of the new condition had been placed before the Commissioners (Agenda Packet Pages B & C -108 and 136). Mr. Smith noted a correction of Condition#5(Agenda Packet Page 105)which deletes the words"of existing uses" because that part of the condition no longer applies to this project. Planning Commission Minutes -3- March 9, 2011 Vice Chairman Howdyshell asked if the station will include diesel fuel and how many property owners were notified. Mr. Smith said the pumps shown on the plans indicate diesel fuel will be available and 432 property owners were notified Commissioner Fletcher asked why the DRC recommended a horizontal healy tank instead of the vertical • mount tank. Mr. Smith said the vertical tanks project above ground and are not visually appealing. He said the healy tank could be screened better. Chairman Munoz confirmed that the decision was for aesthetic reasons. Commissioner Oaxaca asked for clarification regarding Engineering Condition#3. He asked if the study • related to the installation of a signal specifically looked at truck deliveries and pedestrian safety. He said he would like an understanding of the threshold and if it was met by the study. Dan James, Senior Civil Engineer said the study evaluated the traffic counts, it did cross the threshold, therefore, the signal is being required. He said the study did not evaluate the truck deliveries. • Chairman Munoz asked if the applicant was present. Rick Manners of Lewis Retail centers said the center is old, it has been refreshed with bold colors, Ralphs remodeled their store and the new exterior attracted new tenants. He said the fuel center would help them be more competitive. He said the design team did a great job. Erica Skeie thanked Mr. Smith and noted that he covered the issues well. She said Ralphs has 900 fuel stations nationwide and they believe this is a good fit in the community. She said the fuel program includes rewards, points,and discounts and they will offer a good price for all 5 dispensers. He said there will be only 1 canopy, no convenience store, and they will have monitored security. He said they worked with City staff at the neighborhood meeting. He said with respect to traffic and pedestrian protection;they went back and performed a traffic study whereby the numbers came in to warrant the signal. He said they agreed to do it and it will reduce the concem of fast traffic on Valencia and provide a safe crossing for pedestrians: He noted that the air quality study indicates the risks are well below their thresholds. He said for deliveries they will enter at the Valencia driveway and exit to Base Line Road. He said the fuel center is appropriately located in a commercial center. He said they accept the Conditions of Approval for the project. Commissioner Fletcher asked if the pricing will be competitive with Costco. Ms. Skeie said she did not know but it earns the customer points. She said if the Rewards card is used in the store it discounts the gas. Commissioner Fletcher asked if the customer can pay at the pump or at a kiosk. Ms. Skeie said that is correct. Commissioner Oaxaca observed that it could take a single trip to take care of 2 items of business (food shopping and get gas). He asked if Ms. Skeie had any idea of how often that would take place. Ms. Skeie said she did not have specific numbers or analysis on that. She said the signal study did not address the issue in that way. She said the study viewed it as a gas station alone and evaluated the worse case scenario. • Planning Commission Minutes -4- March 9, 2011 • • Vice Chairman Howdyshell said there is a convenience factor. She noted the center deteriorated over the years and received a facelift. She said she is pleased to see the signal. She asked for an explanation of the path of the fuel truck deliveries. Ms. Skeie indicated on the overhead their path. Chairman Munoz invited the public to comment. Tony Alvarez said bedroom windows of homes back up to the rear of the project and that the residents will be impacted: He said the neighbors don't want it;there are other stations within a close distance and they don't need it, there are lighting concerns as the residents believe it is excessive, two story homes look onto station,the proposed station is located close to the trail,there will be noise impacts and he does not want to hear that at 2:00 a.m. He asked to limit the hours of operation of the station. He said the residents asked for the traffic study. He said the City promotes family and the Lewis Companies have built much of the community but the concerns of the residents have not been addressed. Ed Dieti asked who needs it; what will it do for us; and will it be pretty. He said it appears the fuel trucks will have to go through the plaza to deliver the fuel to the tanks. Lawrence Devereux said several stations are available close by, traffic is a concern, and they already have several lights and another will cause more congestion. He said it is a very short distance to have a light there and he believed it is not even 100 yards. Tracy Contreras said she sent a letter regarding the project. She noted her home is behind La Petite Academy. She asked that the hours be limited because of the lights and nighttime noise. She said she has seen the traffic increase even at the late night hours. She reasoned that if there was not more traffic then why is the signal needed. She said the delivery truck will be coming on site. She asked that they I limit the hours to 6am-10pm. and turn off the lights in the middle of the night. Mario Alv"arez said he lives at the corner of what was La Petite Academy and they have now reopened the school. He questioned the number of notices sent out and he asked for the distance of the notification area. He said the new light will be going on and off all night. He said the project approval sounds like a done deal. He asked if the City had already given them a permit. He asked for a 10:00 p.m. closing time and cited the example of kids coming through after a party with the radio blasting. He said he loves the City but he will move if it is approved. He said we don't need this. Fidel Romero said he lives on Evergreen Drive and has been a customer of Ralphs for many years. He said he likes the community but we do not need another gas station. He opposed the project because of lighting and traffic impacts. He said if it comes down to money, he will not shop there anymore. Brenda Devereaux said the design is a monstrosity,they don't need another gas station, and there will be traffic congestion because of two stop lights close together. She said Petco is going out of business,and the donut store was robbed. He asked about the welfare of the kids at the daycare center. Seeing and hearing no further comment, Chairman Munoz closed the public hearing at 8:30 p.m. Steven Flower, Assistant City Attorney, suggested the applicant be allowed to rebut. Ms. Skeie said in addition to this public meeting,there was a neighborhood meeting and this is the second time they have tried to work with the residents. She said the traffic study was done following the comments received by the neighbors at the neighborhood meeting. She said the study looked at the . cumulative effect/and worse case scenario. She said they addressed the lighting issue and the lighting for the entire center has been redone at 5 footcandles or below and the light is directed down. She said a 24- hour operation is the Kroger standard. She said they do not see this operation being attractive to crime. Planning Commission Minutes -5- March 9, 2011 She said the architecture matches the center and is not a typical design. She said this is a commercial center with a CUP and the fuel center is an appropriate use. Commissioner Fletcher asked if all 900 stations operate 24 hours. Ms. Skeie said the majority of them do. Commissioner Fletcher asked if staff or the applicant is aware of the hours of operations of other stations in the area. Ms. Skeie said within a 2.5 mile radius, she believes 7 operate 24 hours but she was unsure. Commissioner Oaxaca asked if any opportunity was given-for the residents to be presented the results of the traffic study since neighborhood meeting. • Ms. Skeie said she was not aware of that occurring. Commissioner Oaxaca asked if the cashier kiosk is locked and unavailable when it is unattended. Ms. Skeie confirmed that it is locked up for those hours and then monitored by remote security cameras. Chairman Munoz asked if she had any idea of the number employees at Ralphs. Ms. Skeie said she did not know. Chairman Munoz said the noticing distance is 660 feet from the perimeter of the shopping center. Mr. Smith said the noticing is not just limited to mailings. He said there are also large notice of filing signs 4 feet X 8 feet in dimension. He said the signs went up when the project was first submitted and also when the newspaper notification went out. Chairman Munoz asked how many feet are between the new signal and the trails signal. Mr. James said it is about 750-800 feet between the trail and the project site. Vice Chairman Howdyshell asked when the school reopened. Mr. Smith said around December of last year. Commissioner Fletcher said a service station is an approved use in this zoning designation. He said it has been predetermined that this is an appropriate use for this area. He said the City does not consider saturation in its decision-market forces dictate the saturation. He said it can result in more competition and lower prices for the community. He said some residents believe there is a lack of stations in the area. He said all commercial centers are struggling to find tenants right now and it is in the City's best interest that they refurbish themselves and if a gas station helps them, it would also be good for the community. He said some of the old stations just closed rather than comply with vapor recovery system installation because they are so costly. He said the Commission is sensitive about the residents concerns. He said because it is a CUP, staff can review the operations after 6 months and if there are major concerns,they can be readdressed by the Commission and conditions regulating their operations can be amended. Commissioner Wimberly said the co-location with the current tenant is important. He said this is an approved use in this zone and the Commission is compelled to go along with it. He said the residents should be concerned that if the center is not revitalized, it will be more detrimental to their property value. He said the Commission can review this in 6 months as well as the idea of installing speed bumps on Planning Commission Minutes -6- March 9, 2011 • Valencia and an additional traffic study regarding the speeding situation as well as revisiting the fighting and hours of operations. I Commissioner Oaxaca said with respect to the location,the use is appropriate. He said the Commission must evaluate each application individually and try to achieve a balance between the applicant's needs and their rights and those of the residents. He said these two uses abut each other and there is significant concern about the project. He said there are perceived and actual impacts including traffic, lighting,and a traffic signal. He said there is some difficulty with some of the details. He said he does not believe there was sufficient opportunity for residents to discuss the outcome of the traffic study with the residents. He said the center must already have truck deliveries to the other tenants. He said he is not unsupportive of the project but that the Commission may have an incomplete picture. He said he would favor deferring the request until the public can discuss it further with the applicants. He said perhaps a compromise can be reached and they could perhaps not operate 24 hours per day. He said it is unknown what that may mean for their viability. He said there is the question of the traffic counts at night versus day. He said perhaps if they talk they can arrive at a compromise, Vice Chairman Howdyshell said they are sensitive to public comments and Haven Avenue is pretty congested and the additional signal is a concern. She said it is a convenience for fuel and shopping in one stop and revitalization of the center is key. She said the school just opened and they may not be at full capacity yet,so they may have not experienced the full traffic impacts. She said you never really know about the lighting until it is up and running. She said this center has lost many tenants and they need revitalization. She said she is unsure if a gas station is what they need to do that. Chairman Munoz said he also had concerns but this area is approved for this type of use,and they have a problem denying this applicant and giving another applicant an advantage as a result of that denial. He said he agrees with Commissioner Fletcher,that if the center is not patronized, it will close down. He said the regulations for new stations are very costly. He said there are concerns about the residents, noise, I and the school but he is also concerned about Ralphs. He said they have hundreds of employees and they are taxpayers too. He said we all need that here; employees are as important as the residents. He said with the CUP in place, it can be revisited. He said in the worse case, the public can bring their concerns here. He said he has a concern about stopping the project now as it imposes financial penalty • on the applicant. Commissioner Fletcher commented on the public opportunity to speak. He said they did have a public • meeting and staff addressed in the report each of their concerns and their comments are not taken lightly and that is why approval is under a CUP. He said there are many perceived problems but the Commission can't say no just because of a perception. He said problems with the operation can always be addressed in the future. He said he believes the public has had an opportunity to review the material and staff addressed the concerns and the Commission will keep an eye on it. Motion: Moved by Fletcher, seconded by Wimberly,(3-2) to adopt the Resolutions of Approval for Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D as amended. Motion carried by the following vote: AYES: FLETCHER, MUNOZ, WIMBERLY NOES: OAXACA, HOWDYSHELL ABSENT: NONE - carried D. CONDITIONAL USE PERMIT (NON CONSTRUCTION) DRC2011-00034 - CHARLES JOSEPH I ASSOCIATES FOR PALATA TILE AND STONE -A request to operate a retail design center at a legal non-conforming site within the Foothill Boulevard Community Office District (Subarea 3) at 10060 Foothill Boulevard - APN: 1077-621-21. This action is categorically exempt per the . Planning Commission Minutes 7- March 9, 2011 California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Donald Granger, Senior Planner presented the staff report. Charlie Buquet of Charles Joseph Associates said the materials will not be sold out of this location and the business operation is similar to a design studio. He said there is a billboard on the property with a long lease and over which this business has no control. He said this project will clean up the property and improve the site with slurry and a restripe. He said the site is over parked. He said no construction is proposed and there will be kitchen displays inside. Chairman Munoz opened the public hearing and seeing and hearing none, closed the public hearing. Vice Chairman Howdyshell said she likes it and the building needs a facelift. She said this business will have good visibility and the cleaned up site will be good for the homeowners nearby. Commissioner Oaxaca agreed that it is a great location on Foothill Boulevard. He said it is good to see a local business move in and bring improvements to the building. Commissioner Wimberly concurred that the reuse of the building is a good thing and it provides an employment opportunity. He said he is in favor of the project. Commissioner Fletcher said the building does need improvement, and that will happen some day. He said it meets the requirements and it is a less intense use and the applicant is providing improvements on the site. Chairman Munoz expressed his support. Motion: Moved by Fletcher, seconded by Oaxaca, to adopt the Resolution of Approval for Conditional Use Permit DRC2011-00034. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY - NOES: NONE ABSENT: NONE - carried E. MUNICIPAL CODE AMENDMENT DRC2010-00141 - CITY OF RANCHO CUCAMONGA - Consideration of a proposed amendment to Chapter 5.12 (Regulation of Entertainment)of Title 5 (Business Taxes, Licenses and Regulations) and.Chapters 17.10 (Commercial/Office Districts), 17.30 (Industrial Districts)and 17.32 (Foothill Boulevard Districts) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code regarding entertainment. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This item will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner, presented the staff report and gave a brief PowerPoint presentation (copy on file). She said she received one call from an entertainment operator and staff cleared up their confusion. She said all the current entertainment operators with an Entertainment Permit were notified and given the opportunity to comment on the draft Ordinance. She said this item will be forwarded to City Council for final action. Commissioner Fletcher asked if the business is sold and the CUP is transferred, would the Entertainment Permit also be transferred. Planning Commission Minutes -8- March 9, 2011 • Ms. Nakamura said that with a letter explaining the sale of the business and also including to whom it was sold is identified. This is so staff can meet with the new owner to explain the conditions for their entertainment. Vice Chairman Howdyshell asked how many letters went out. Ms. Nakamura replied 18 letters went out. • Chairman Munoz opened the public hearing. John Mannerino on behalf of Gallis said he welcomes the changes. He said he would suggest that if the processing of Entertainment Permits could be directly connected with police and fire review so that all three departments are in agreement on the requirements and this would minimize frustration for the business owners. James Troyer, Planning Director said when this Ordinance goes into effect; a multi-department review team will be in place including police and fire. Chairman Munoz closed the public hearing. • • Vice Chairman Howdyshell said this is progress to set standards and keep everyone informed. She said she is pleased to see this. Commissioner Oaxaca said this is an example of the needed update of the Code and it has caused some confusion. He said the process should be more streamlined for applicants, staff, and the Commission and also easier to enforce. He thanked staff for arriving at proper changes. Commissioner Wimberly concurred and offered his thanks to staff and the Council. He said this does remove confusion and he looks forward to this being put into place. Commissioner Fletcher said the approval of this Ordinance should make it easier for everyone. He said the comment regarding interdepartmental approval is well taken and this'principle should be used for all business applications. Chairman Munoz said this is long overdue and responds to issues of the last 2-3 years. He said it streamlines the process and is easier to follow the rules and this is good for business. He noted that the Entertainment Permits would be transferable with contact with the City. He said these are good changes. Motion: Moved by Oaxaca, seconded by Fletcher,to adopt the Resolution Recommending Approval of Municipal Code Amendment DRC2010-00141 to be forwarded to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS None f k 4 t • • Planning Commission Minutes -9- March 9, 2011 COMMISSION BUSINESS AND COMMENTS Vice Chairman Howdyshell reminded everyone that 5 Guys Burgers opened today. She announced that March 19-20 is the Library telethon. She said the Planning Commission team will be on the Telethon Saturday night on Channel 3. She said our team consists of James Troyer, Planning Director, Commissioner Wimberly and Chairman Munoz. Commissioner Wimberly encouraged everyone to call in and make a donation in support of the Planning Commission team and to support the Library. James Troyer, Planning Director thanked Ms. Nakamura for her work on the new Entertainment Ordinance and said she does a great job on Code amendments. He stated he would recuse himself from tonight's workshop because he owns property within 500 feet of the project boundary. R ! f i! f ADJOURNMENT Motion: Moved by Fletcher, seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned at 9:35 p.m.to a workshop to discuss Pre-Application Review DRC2011-00041. The workshop adjourned at 10:30 p.m. and those minutes appear separately. Respectfully submitt` • James R. Troyer, AICP Secretary Approved: March 23, 2011 Planning Commission Minutes -10- March 9, 2011