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HomeMy WebLinkAbout2010/04/14 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting April 14, 2010 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:10 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; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; James Troyer, Planning . 'Director; Tabe Van der Zwaag, Associate Planner ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Oaxaca, carried 3-0-2, to approve the minutes of March 24, 2010. 4 M M R k • PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP - SUBTT18708 - TAVA DEVELOPMENT COMPANY-A request to subdivide 5.02 gross acres of land into 7 lots in the Very Low Residential District (.1-2 dwelling units per acre) within the Etiwanda Specific Plan, located east of East Avenue and on the south side of Banyan Street-APN:0226-102-02. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Tabe van der Zwaag, Associate Planner, presented the staff report. Chairman Fletcher asked what triggers a special study over and above a regular environmental study. Mr. van der Zwaag replied that there are areas that were previously designated potential habitat for the gnatcatcher and the rat. He noted that most of the time, staff is informed in advance that a special study might be needed because of these prior designations. He said that the study revealed a potential for the species to re-inhabit this area and therefore there is a condition that requires the applicants to re-survey the site prior to grading to determine if re-population has occurred on the site. Commissioner Oaxaca asked if the parcel to the west was previously surveyed. Mr. van der Zwaag stated that is correct and although the site was previously done prior to the previous approval and nothing was found, they will survey again before development occurs. Scott Alan, President of TAVA Development, 245 Fischer Avenue, Bldg.4-b, Costa Mesa,thanked staff for their hard work and noted they agree to all the conditions of approval. Chairman Fletcher asked if the gnatcatcher only appears at a certain time of year. Mr. Alan said that is correct, that depending on the time of year dictates how long the survey may take; if it occurs at nesting time, the survey may only require two weeks, but at other times of the year, it may take much longer. He noted the surveys performed in 2005 and 2007 did not reveal the presence of either the gnatcatcher or the rat. Chairman Fletcher opened the public hearing. Ed Dietl, HPARC, remarked that much emphasis was being made regarding these species, but nothing has been mentioned related to either the presence of Native Americans or Chinese laborers on the site. Vanessa Smith, 6155 East Avenue, said this is the first she has heard of this project and she would like to be notified of projects next to her property. She asked if this is the "Weinberger development." Chairman Fletcher closed the public hearing. Mr. van der Zwaag noted that there is a condition in the resolution which states that if there is an archeological find, "the developer will retain a qualified archeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study." He said a • determination will be made as to whether the grading needs to be stopped and the significance of the find. Chairman Fletcher asked if they do encounter something, then it must be reported but other than that no additional survey would be needed. • Steven Flower,Assistant City Attorney, stated that is correct,that this is in the Mitigation Monitoring Program attached to the report and it is clearly spelled out by CEQA and it is in the resolution. He noted that this is the standard requirement, to report anything they find. He said there would be an archeologist there in case they do find something. Commissioner Howdyshell asked staff to respond to the prior question about the public noticing of the project. Dan James, Sr. Engineer, said this development is further east next to the Etiwanda Channel. He noted that the property the Ms. Smith referred to is not the same as the "Weinberg Development." James Troyer, Planning Director, reported that all property owners within a 660 foot radius of the site were notified and it appears that her property is beyond the notification area. Chairman Fletcher closed the public hearing. Planning Commission Minutes -2- April 14, 2010 Commissioner Oaxaca noted that part of the conditions was to evaluate what was found on the property and therefore he did not have a concern. Commissioner Howdyshell remarked that it is a straightforward project and that staff worked well with the applicant on meeting the requirements. Chairman Fletcher commented that it is a simple tract map and is a natural extension of the previous development. Vice Chairman Munoz remarked that it is pretty routine. Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Resolution of Approval for Tentative Tract Map SUBTT18708 and to adopt the Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE • - carried • PUBLIC COMMENTS • None COMMISSION BUSINESS Vice •Chairman Munoz commented on the work that is being done regarding the review of restaurants that are experiencing issues with their entertainment. He recommended staff develop a letter that could be sent to all the businesses to remind them of their responsibility to read their permits and to understand all of their conditions. He said he would like to mitigate the sense that we are not trying to partner with them and that there is an agenda out there to attack them. He said the Commission is not attempting to attack these businesses but that he believes it is fair to send a reminder letter out and at the same time let them know to not be surprised if they are asked about how their business is being run if there are issues. Steven Flower,Assistant City Attorney, said there is no legal obstacle that would prevent them from sending out such a letter. He asked the Planning Director to comment further. James Troyer, Planning Director, said staff could look at this and suggested the possibility of the letter being sent with the applicants' license renewal and those being granted new entertainment permits. He said the language could state they should be familiar with and adhere to their conditions of approval and to any new holders of entertainment permits. Vice Chairman Munoz noted that it could be brought back for discussion on a future agenda. Chairman Fletcher agreed that it might be good to send with the notice of their renewal. He mentioned that if any City department notices problems occurring with any businesses that he would like staff to report it to the Commission and make them aware problems are developing that they could deal with it ahead of a review of their Conditional Use Permit- a heads up. Planning Commission Minutes -3- April 14, 2010 Mr. Troyer noted that another tactic used in other cities is to require an applicant to sign an affidavit that is then notarized that states they accept all the conditions related to their permits. He said this is done the day following their approval. The Commissioners gave general consensus to the idea. Chairman Fletcher noted that process would eliminate the questions of an applicant not being knowledgeable about the requirements. He commented that some businesses operate for years and they forget what their permit allows. He said if problems are noted by the Police or Code Enforcement, he would like staff to notify the Commission. Mr. Troyer said staff would research these items and bring back a report. ADJOURNMENT Motion: Moved by Wimberly, seconded by Howdyshell, carried 5-0, to adjourn. The Planning Commission adjourned at 7:30 p.m. Respectfully submi ed, 9-5404p James R. Troyer, AICP Secretary Approved: April 28, 2010 Planning Commission Minutes -4- April 14, 2010