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HomeMy WebLinkAbout2010/07/28 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting July 28, 2010 Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:16 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: Adam Collier, Planning Technician; Steven Flower,Assistant City Attorney; Steve Fowler, Assistant Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Oaxaca, carried 5-0, to approve the minutes of July 14, 2010. PUBLIC HEARINGS A, CONDITIONAL USE PERMIT DRC2010-00355-CRGE Rancho Cucamonga LLC-A request to operate a 15,928 square foot restaurant and bar with outdoor dining in the Mixed Use District of the Victoria Gardens Master Plan located at the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street - APN: 0227-452-43. 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). B. ENTERTAINMENT PERMIT DRC2010-00356-CRGE Rancho Cucamonga LLC-A request to include live entertainment such as bands and dancing in conjunction with a 15,928 square foot restaurant and bar in the Mixed Use District of the Victoria Gardens Master Plan located on the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street -APN: 0227-452-43. 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). Adam Collier, Planning Technician, presented the staff report and PowerPoint presentation(copy on file). Joshua Fowler stated he represents Toby Keith's. He said they look forward to approval and they plan on having live music, bands and dancing. Vice Chairman Howdyshell asked if the floorplan is standard or unique to this location. Mr. Fowler said the guitar shaped bar is typical but the remainder is unique because they are moving into a building that is already built. He said they will have a 3,000 square foot kitchen. He mentioned other new locations such as Minnesota and Tulsa. He said they have a total of 6 locations. He said the newest location opened in Las Vegas. Commissioner Fletcher asked about the security plan. He said his review of the report indicated they have not had any major incidents. Mr. Fowler said that is correct, that their insurance company is very involved with employee meetings/trainings and that the employees are well supervised. He said they answer to Toby and because it is in his name he does not want any"bad press." He said they do intend to follow their stated security procedures. Commissioner Oaxaca asked if their security people are employees or contracted. Mr. Fowler said they are employees but they do bring in off-duty police when they have special events. Commissioner Fletcher asked how many servers they have. He noted that staff included a condition that LEAD training be provided for their staff. Mr. Fowler said 15-30 and the same number of bussers. Chairman Munoz asked how long Mr. Fowler has worked with Toby Keith's. Mr. Fowler said about 2 years. Chairman Munoz opened the public hearing. Iris Fratt stated she and about 30 other adults take dance classes at the Senior Center but there are only two places in the area that offer line dancing. She supported the application for Toby Keith's. Jim Russel stated he has been to the Las Vegas location several times. He said the food is excellent, it is a well-run, safe environment and they sell souvenirs. He said it should be a good source of revenue for the City. John Lyons stated that we have"arrived" because we will now have a Toby Keith's. He said it is a regional type of facility. He said this is a positive thing and is a feather in the cap of the Commission. Jonathon Watson said he and his wife live at the 24/7 development in Victoria Gardens. He asked if the security plan is available for public review. He asked if their business operation is contingent upon them being accountable. Mr. Collier responded that they must comply with the security plan and if they do not they can be brought back to the Commission for review and could have their conditions amended as a result. Planning Commission Minutes -2- July 28, 2010 Steven Flower, Assistant City Attorney, noted the Resolution of Approval has been amended. He said the Conditional Use Permit (CUP) does cover entertainment and there is a two track process for this type of application. He said some zones require a CUP for entertainment and all businesses offering entertainment require an Entertainment Permit. Mr. Flower noted the word "entertainment" was added to the title of the resolution and that Planning Department Condition#2 was added to be sure that the business complies with both permits. He said Condition#2 reads: Entertainment shall not be provided without a valid Entertainment Permit. The business shall comply with all conditions of approval for such Entertainment Permit, including without limitation the hours of operation set forth in the Entertainment Permit. Chairman Munoz closed the public hearing. ' Commissioner Fletcher said it is exciting to see this application as Toby Keith is a main line entertainer and a new business in town. He said this should be an acceptable use in Victoria Gardens and it is a plus for Rancho Cucamonga. Commissioner Wimberly agreed and said the location is a boom for them in Victoria Gardens and it is good that they can re-occupy an empty space. He said he did not think it would have an adverse affect on the surrounding community. He said it creates a new business opportunity and he hopes for their success. Commissioner Oaxaca said he is glad to see the space reoccupied, it is a new business opportunity and that the location seems appropriate for the use. Vice Chairman Howdyshell said that it will help fill the void for jobs, it fills a vacancy in Victoria Gardens and it is a compliment and will enhance Victoria Gardens and the City. She said the restaurant will be a real draw and she hopes they will be successful. She said his concerts are 111 phenomenal. Chairman Munoz agreed. He said it is exciting and it validates what the Planning Commission has said. He said if they offer good food, it is well run and they have solid procedures they should make money. He said regarding the concern about security; staff and the Planning Commission are ready to ensure that the business will adhere to the conditions of their approval. He said they should make sure they read their agreement and conditions. He said it appears to be a professional establishment. He added that we have an excellent Sheriffs Department and Chief Cusimano is ready to address any concerns. Motion: Moved by Fletcher, seconded by Wimberly, to adopt the Resolution of Approval for Conditional Use Permit DRC2010-00355 and Entertainment Permit DRC2010-00356 as amended. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried • C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882 - PITASSI ARCHITECTS, INC - A request to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65 acre lot in Subarea 2 of the General Industrial District at 8825 Hellman Avenue -APN: 0209- ' 013-23. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Planning Commission Minutes -3- July 28, 2010 Steve Fowler, Assistant Planner, presented the staff report. He noted that an 11th hour letter was received from SCAQMD which expressed concern about the air quality study noted in the Initial Study because they claimed an older emissions model was used to prepare the study. He said a letter of response is being prepared for the SCAQMD explaining that the study prepared by LSA Associates in April of 2007 is correct, that additional tables should have been included in the Initial Study that were included in the LSA report. He provided copies of the tables to the Commissioners and for the official record. He said the project does not exceed any of the acceptable thresholds for emissions. He added that modifications have been made to the draft Resolution of Approval attached to the report. He said Condition#7 has been corrected and now indicates the project has two phases instead of three. He said Condition#6 eliminates an erroneous reference to a Mercy Air (helicopter ambulance) facility. Commissioner Howdyshell asked if the request for a written response from SCAQMD would affect the decision of the Commission tonight. Mr. Fowler stated that the studies requested were performed using the appropriate model, and that not all the tables were included in the Initial Study and our response should satisfy their concerns. He said their decision tonight should not be affected. James Troyer, Planning Director, commented that last minute letters from the SCAQMD are not unusual. • Commissioner Fletcher asked if fees are collected for dumping at the facility. Mr. Fowler said residents do not pay a fee for this. Commissioner Fletcher asked who retains the waste. Mr. Fowler said the County Fire performs weekly pickup and site/operational inspections. Pete Pitassi, Pitassi Architects, 8439 White Oak Avenue, confirmed the location of storage containers. He said the collections will occur similarly as they do now. Commissioner Fletcher asked about the solar panels on the rendering. Mr. Pitassi noted there are two facilities with solar panels. He said the panels shown on the sloped roof will generate a good percentage of the power consumed by that building. He added they hope to also generate close to the amount of power used by the other building as well with additional panels. He noted that economically, it is always best to not exceed 100 percent of the power • used/power generated. Commissioner Fletcher asked about drainage and the use of pervious pavement. Mr. Pitassi commented that the water flows across the parking area and then percolates into the ground. He said this is a new material for Rancho and that other agencies using it indicate it performs well and is effective. Chairman Munoz said the look is different. Mr. Pitassi explained that it is generally concrete without sand and has a mottled colored appearance. Commissioner Oaxaca asked if the hazardous waste facility will be maintained in addition to the one located on Base Line Road. Planning Commission Minutes -4- July 28, 2010 • Mr. Fowler said the new facility will replace the one currently operating on Base Line Road. Chairman Munoz opened the public hearing and seeing and hearing no comment,closed the public hearing. Vice Chairman Howdyshell said she is pleased that we are proactive and can accommodate the needs of the City. She said the disposal process is easy. She complemented the staff working at the facility for their courtesy and efficiency and she said this new project is a complement to the City. Commissioner Oaxaca echoed her comment and he said it is a painless process to use the facility services. He said we should make sure that when we move to the new facility that it is well publicized as the new location is not as visible as the old one. He said it has a great design and that "the City practices what it preaches" in regard to development and the sustainable elements. Commissioner Wimberly concurred with Commissioner Oaxaca's remarks and noted that he reviewed the project at the DRC, the design is a good one and the new capacity will help the City. Commissioner Fletcher remarked that it is an attractive design, it is a beneficial service and he agreed that it would be good to publicize the opening of the new facility. He said that sustainable elements can be expensive but that it is important for public agencies to set the example and take the lead in this regard. Chairman Munoz concurred with his colleagues; it is a well designed facility, and an upgrade to the area. He said it is a credit to our community to follow green practices and that we are building this on property we already own which is also a "win". Motion: Moved by Fletcher, seconded by Howdyshell, to adopt the Resolution of Approval for Development Review DRC2009-00882 as amended. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried • D. ENTERTAINMENT PERMIT DRC2010-00486 - OMAHA JACK'S INC. -A request to include live entertainment such as karaoke, live bands, and dancing in conjunction with an 8,794 square foot restaurant and bar with a microbrewery in the Industrial Park District (Subarea 7), located in the Masi Plaza at 11837 Foothill Boulevard - APN 0229-011-39. Related File: Conditional Use Permit DRC2004-00326. 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). Adam Collier, Planning Technician, presented the staff report. Ron Vanderbroek thanked the Commissioner for the opportunity to bring this application to the Commission. He noted that they have read and agree to all the conditions. He thanked staff, James Troyer, Planning Director and Deputy Wright for their assistance. He said they recognize the previous issues and they are committed businessmen in Rancho Cucamonga. He said they have learned new things and they seek the opportunity to operate successfully. He said they worked with staff on all the conditions and they are in place. He noted their landlord is finally helping them with the rent. He said they had issues with DJ's but never had problems with live bands or karaoke. He said they hope to make enough money to stay in business. He said they are working hard to make it work. He thanked the City Council and Mr. Lam, City Manager, for helping to put them back on the map. Planning Commission Minutes -5- July 28, 2010 Mike McCarthy said it has been a long road since they stopped their entertainment in March. He said they learned from their mistakes and have enjoyed going to work without the stress of those busy Friday and Saturday nights. He said their families are thankful as well. He said they want to contribute to the community and the tax base. He said they will promote to the 30-50 year olds rather than the younger crowd. Chairman Munoz opened the public hearing. John Lyons offered his support and commented that it is an upscale steakhouse. He said he eats there often. He said when it first opened he said Loco Cantina was too small and they would have trouble there. He suggested the Commission look into smaller facilities such as the Cantina. Chairman Munoz closed the public hearing. Vice Chairman Howdyshell applauded Mike McCarthy and Ron Vanderbroeke for demonstrating that they really wanted to address the issues, they were sincere, and that they partnered with law enforcement and staff towards that. She said they have tweaked their business operation and the City wants to see them be successful. She said they are an asset to the community. Commissioner Fletcher said he is pleased to see this application. He said it is hard to run a small business in a horrible economy. He said he always felt that many calls for service were an overflow result from the Loco Cantina. He said it is a large facility and probably can't survive on the restaurant alone. He said they were persistent and they stepped up and that is why they are here today. He said he was glad to see in the report that the Police Department has no opposition to the Entertainment Permit. • Commissioner Wimberly concurred and noted the applicants have been very present at all the meetings and they have been diligent in working with staff. Commissioner Oaxaca remarked that it is compelling that both owners noted less stress in their lives. He said this is a positive outcome for them and their families and it also shows a way to be successful in the City. He said he is happy to hear from both owners and that they arrived at what they think Omaha Jacks should be. He said this process was not easy and required dedication of the ownership and that positive lessons were learned. Chairman Munoz agreed and noted the owners' significant commitment. He said the City is willing to support local business but unwilling to ignore public safety. He said these are difficult times to be in business. He noted that the Council had some safety concerns and he believes that the applicant has made significant efforts to work with staff, the Planning Commission, and law enforcement to put themselves in a position to ask for approval of this application. He said that we have seen the public support a clean, well run restaurant that provides a safe place for people to eat and be entertained. Motion: Moved by Howdyshell, seconded by Oaxaca, to adopt the Resolution of Approval for Entertainment Permit DRC2010-00486. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS • None Planning Commission Minutes -6- July 28, 2010 • * * * * * COMMISSION BUSINESS Commissioner Fletcher noted that two detailed security plans were recently submitted by restaurant/bar operations. He said we should watch and see what happens in that they could become a model for future businesses to follow. He mentioned that Toby Keith's is a large, unique facility and Omaha Jack's is also large and unique in that it is the only microbrewery in the area. He said he hopes it all works out. He also asked staff if anything could be done about the bright lights in the Council Chamber. James Troyer, Planning Director, noted that we will "go dark"August 11`h and the Commission will not meet on that date. He said they will have the regular meeting on August 251h. Vice Chairman Howdyshell thanked staff for the comprehensive staff reports. Chairman Munoz offered kudos to staff and law enforcement for their participation. He said we are • interested in business and our growing community. He noted that we also want to be a safe community. ADJOURNMENT Motion: Moved by Fletcher, seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned at 8:30 p.m. especffully submitt , James R. Troyer, AICP Secretary Approved: August 25, 2010 Planning Commission Minutes -7- July 28, 2010