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HomeMy WebLinkAbout2010/02/24 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting February 24, 2010 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:05 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: Candyce Burnett, Senior Planner; Steven Flower, Assistant City Attorney; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Mayuko Nakajima,Assistant Planner; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of February 10, 2010. PUBLIC HEARINGS A. GENERAL PLAN AMENDMENT DRC2009-00716 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the General Plan land use designation from Neighborhood Commercial (NC) to Low Residential (2 to 4 dwelling units per acre) for approximately 0.58 acre of land, located at 7403 Archibald Avenue-APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. This item will be forwarded to the City Council for final action. Related File: Development District Amendment DRC2009-00717 B. DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO CUCAMONGA -A request by Ralph and Maxine Strane to change the Development District map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre)for approximately 0.58 acre of land, located at 7403 Archibald Avenue-APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3)-Review for Exemption. Related File: General Plan Amendment DRC2009-00716. This item will be forwarded to the City Council for final action. Chairman Fletcher noted the City is the applicant but the owners of the historic home(the Stranes) were present and invited them to comment and they declined. He opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Howdyshell remarked that the Commission has previously reviewed the request and that it has now been prepared for action. She noted that it is a straightforward request and the report is inclusive of the request. Commissioner Wimberly concurred. He said that staff has brought all the points of the request to light and that this is a positive move. Commissioner Oaxaca noted that the change in the zone designation for the property shows good flexibility for the City and for the owners. He agreed that it is a good decision. Vice Chairman Munoz agreed that the change makes this property consistent with the adjacent residential area and is a better fit for the historic home rather than the current commercial designation. Chairman Fletcher said it is a reasonable request and it makes good sense. He supported the request. Motion: Moved by Munoz,seconded by Oaxaca, to adopt the resolutions recommending approval for General Plan Amendment DRC2009-00716 and Development District Amendment DRC2009-00717 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 C. DEVELOPMENT DESIGN REVIEW DRC2009-00880 - LEWIS DEVELOPMENT CORPORATION - A proposal to remodel the exterior of Buildings A through K (Buildings L through N are not a part) and install new landscaping at 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 - APNs: 1076-481-25 through -35. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities. CONTINUANCE REQUESTED Chairman Fletcher noted the request for a continuance to an unspecified date. Planning Commission Minutes -2- February 24, 2010 Motion: Moved by Wimberly, seconded by Howdyshell,to continue the item to a non-specific date as requested. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried D. TENTATIVE PARCEL MAP SUBTPM 19087 - CITY OF RANCHO CUCAMONGA-A two lot parcel map to create a 1.9 - acre parcel from an existing 40 - acre parcel to provide a site for the North End Public Safety Facility (new 15,639 square foot Police Department substation), located at the southwest corner of Milliken Avenue and Grizzly Drive - APN: 0201-191-27. Related File: Development/Design Review DRC2008-00481. Staff has found the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010) and does not raise or create new environmental impacts not already considered in that environmental document. E. DEVELOPMENT DESIGN REVIEW DRC2008-00481 - CITY OF RANCHO CUCAMONGA - Development Design Review of building elevations and detailed Site Plan for the North End Public Safety Facility (new 15,639 square foot Police Department substation) on a 1.9 - acre site located at the southwest corner of Milliken Avenue and Grizzly Drive -APN: 0201-191-27. Related File: SUBTPM19087. Staff has found the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010) and does not raise or create new environmental impacts not already considered in that environmental document. Larry Henderson, Principal Planner, gave the staff report and made a Power Point presentation (copy on file). He noted a minor correction to the resolutions on pages D-E -58 and 73, replacing the word 'adjustment' with 'adjacent.' He noted Chief Cusimano is in attendance. Chairman Fletcher asked specifically where the solar panels are located. Mr. Henderson confirmed that they will be installed on top of the covered parking area. Commissioner Wimberly asked how many officers would be located in this facility. Mr. Henderson indicated that there will be about 53 parking stalls but the exact number of officers would have to be researched. Chief Cusimano indicated the number of officers is not yet established. Commissioner Oaxaca asked if there is a signalized intersection at the Grizzly Way extension and Milliken Avenue already. Mr. Henderson said that it is currently signaled. Chairman Fletcher noted the many sustainable elements incorporated into the plans that were mentioned in staffs presentation. He invited the project architect to elaborate. Curtis Dahle, Pitassi Architects, said they used sustainable elements wherever practical including but not limited to, an on-site generator, low VOC paints, day-lighting, percolation areas for water Planning Commission Minutes -3- February 24, 2010 retention and photovoltaic panels that will provide about 35% of the daily electrical needs for the facility. Chairman Fletcher asked if he is aware of the cost recovery time for photovoltaic panels. Mr. Dahle said it is just a guess, but about 10 years. Commissioner Howdyshell asked if artificial turf was being used on site. Mr. Dahle noted that they did not use any turf of any kind; only drought tolerant plants. Chairman Fletcher commended them on their significant efforts to produce a sustainable design. He opened the public hearing and hearing no comment, closed the public hearing. Commissioner Howdyshell complimented them on their design. She also noted the sustainable elements and said it is a model and that the City is setting an example. She said the facility and the presence of law enforcement should enhance public safety in that portion of the City and help slow the speed of traffic on Milliken and Banyan. Commissioner Wimberly concurred and said the presence of the police should have a positive effect on crime and the speed of vehicles. He said it is fantastic that they may achieve the"Gold"rating for LEED design. Commissioner Oaxaca concurred and added that public facilities should lead the way and that this is a good demonstration of sustainable design. He noted that the facility is very visible from the high school and that it is a good location. Vice Chairman Munoz concurred and added that it was ingenious to locate this facility across the street from the high school. He remarked that the Gold rating for LEED is just one step down from the highest rating and that it is a great example. He said the Commission encourages this example to businesses coming into the City. Chairman Fletcher said that anytime we can help the sheriffs protect our citizens, we should. He said it is a good location,the design fits well into the area,the"green"elements are exceptional, and it is an excellent public example of this type of sustainable development. Motion: Moved by Munoz, seconded by Oxaca, to adopt the resolutions approving Tentative Parcel Map 19087 and Development Design Review DRC2008-00841. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried F. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18744 - FB Holdings, LLC -A request to subdivide 8.85 gross acres of land into 30 single-family lots in the Low Residential District (2 to 4 dwelling units per acre) of the Etiwanda North Specific Plan, located on the north side of the SR-210 Freeway west bound off ramp at Day Creek Boulevard, and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Related File: Variance DRC2009-00029. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED (READVERTISE) Planning Commission Minutes -4- February 24, 2010 G. VARIANCE DRC2009-00029-FB Holdings, LLC-A request to allow combination retaining and freestanding wall heights up to 24.5 feet to reduce freeway traffic noise related to the proposed development of 30 single-family lots within the Low Residential District(2 to 4 dwelling units per acre), located on the north side of the SR-210 Freeway west bound off ramp at Day Creek Boulevard, and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Related File: Tentative Tract Map SUBTT18744. CONTINUANCE REQUESTED (READVERTISE) Chairman Fletcher noted the continuance request for the item to be heard at the March 10, 2010 meeting to allow time for the re-advertising of the Variance application. Motion: Moved by Wimberly, seconded by Howdyshell, to continue items F and G to the March 10, 2010 meeting date. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried H. REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R-EL LOCO CANTINA&GRILL- A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard-APN:0229-011-38. Related file: Entertainment Permit DRC2007-00284:Continued from January 13 and February 10, 2010. I. REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284R-EL LOCO CANTINA&GRILL- A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved and Entertainment Permit that allows live nightly entertainment and dancing within an existing restaurant. Located within the Industrial Park District (Subarea 7),in the Masi Plaza at 11815 Foothill Boulevard - APN: 0229-011-38. Continued from January 13 and February 10, 2010. Larry Henderson, Principal Planner, noted that a letter was received from the applicants' legal counsel requesting a continuance for 30.days. Chairman Fletcher asked if anyone in the audience would care to speak on the item that would not be able to attend the continued hearing. He received no response. He noted that the items have already been extended twice and that he believed a request for 30 days would be unreasonable, but that he would entertain a 2-week extension to the next regular meeting date. He confirmed that would be on March 10, 2010. Commissioner Howdyshell said she would only consider 2 weeks, the matter has been discussed over and over, and that there is much documentation to support an action from the Commission now. She said this should give them plenty of time for them to prepare whatever they want to present. She noted that it has already been postponed several times. Planning Commission Minutes -5- February 24, 2010 Commissioner Wimberly agreed. He asked for an opinion from legal counsel regarding the reasons for the continuance request. Steven Flower, Assistant City Attorney explained that the counsel for the business owner is objecting because he feels the time given to review the materials in the report is too short, that he believes he is not receiving due process and that there is an issue of hearsay. Mr. Flower said he has reviewed their claims and finds them without merit. He noted that the Commission could continue the items or if they want to consider a continuance, a 2-week time period should be plenty of time. Vice Chairman Munoz remarked that the letter indicates that the owner somehow did not know this was coming. Mr. Flower said the owner did not have time to analyze and prepare his case and that he is claiming there is hearsay. Mr. Flower noted that the formal rules of evidence for a court of law do not apply in the framework of this body. He said regarding due process, he asserted the owner had reasonable notice of the meeting and what it was about. Vice Chairman Munoz asked how the meeting was noticed. Mr. Flower said they received verbal notice and for additional specifics he deferred to the Planning Director. James Troyer, Planning Director, reported that they received the standard notice and that the staff report was made available to them last Thursday, which is the same for all items on the agenda. Vice Chairman Munoz remarked that there have been other continuance requests. Mr. Troyer reported that there have been two continuances so far; the first was requested by staff and then the second by the applicant. Both were granted. He said since the first request, the applicant has had 45 days and adequate time to prepare. Commissioner Oaxaca asked how due process is defined for the purposes of this type of proceeding and if a decision was made, could it go further. Mr. Flower responded yes,that a decision made by the Commission is always appealable to the City Council, so there is additional due process provided. Chairman Fletcher noted that on the second page of the letter requesting the continuance that the counsel for the owner indicated their willingness to meet informally and that the City has refused to discuss an informal solution. He said if the extension is granted, he asked counsel if it would be appropriate for him to ask the applicant to suspend their entertainment for two weeks. Mr. Flower said he would be uncomfortable with the City asking that because they have not yet had their hearing yet, but if it was voluntary on their part to do this, then that would be acceptable. Chairman Fletcher noted that this is something they proposed in their letter. He then invited Mr. Evans to speak. Bruce Evans of Solomon, Saltsman&Jamieson, (business owners'legal counsel),took exception to • the report of the number of continuances requested. Planning Commission Minutes -6- February 24, 2010 Mr. Troyer interjected and he stated that staff asked for the first continuance and he(Mr. Evans for the applicant) requested the second. Mr. Evans said the first time he asked for a continuance was for a family obligation. He said this time he did not expect a 90-page report with only 3 business days to prepare. He took exception to the original legal notice mailed in December for the January 13, 2010 meeting date because it referenced future action by the City Council. Chairman Fletcher reminded Mr. Evans that he was not asked to comment on various arguments related to the continuance of the case, only to comment on their willingness to voluntarily suspend their entertainment activities for the next two weeks if a continuance is granted. Mr. Evans said he would not voluntarily shut down his entertainment activities. He said they would sit down with staff and hammer out some conditions staff will be happy with. Mr. Flower reviewed the legal advertising from the file and found it adequate and confirmed that the applicant knew about the meeting and what it was about particularly since the applicant's attorney prepared a rather lengthy letter regarding the meeting and the matters at hand. Chairman Fletcher asked if the applicant would voluntarily suspend his entertainment activities for the next 2 weeks during the continuance period. Chairman Fletcher pointed to the portion of his letter that indicated he felt confident they could work out an agreeable set of conditions. He asked what they would be willing to modify. Mr. Evans reported that they called Mr. Henderson and he never responded to them. He said he would not propose anything and would not be forced into conditions at this time. He said he would entertain a modification of their hours and the days of entertainment but he has not had a chance to confer with his client. Commissioner Howdyshell firmly stated that she wants this issue resolved and that she would only entertain a 2 week request and no more. She said there is an established history over several years with this business operation and that this is not new information to the applicant; it needs to be resolved. Vice Chairman Munoz said he would be in favor of proceeding with the hearing tonight and that he does not support the request for continuance, not even for 2 weeks. Commissioner Oaxaca said he agreed with Vice Chairman Munoz. He noted that Mr. Evans says he has not had time to review the case and yet the letter indicates he has reviewed the case in some detail and also indicates some evaluation of the documentation and therefore does not support Mr. Evans' contention that he is unfamiliar with the documents/contents of the case. Chairman Fletcher said he is aware of the severity of the Commission's decision and what is going on with the business operation. He said he would not support 30 days but would support a 2-week continuance. He strongly cautioned the applicant that he would not go beyond a 30-day continuance. Commissioner Wimberly felt strongly that a 2-week continuance would be the maximum he would support, but in any event would not support additional continuances. Planning Commission Minutes -7- February 24, 2010 Commissioner Howdyshell agreed and said she would support going ahead tonight or in 2 weeks but nothing after that. Mr. Flower asserted the applicants were clearly noticed. He reviewed and read the public notice published in the Daily Bulletin. He also noted that the actions of the Commission would have the possibility of appeal. Vice Chairman Munoz asked what the potential outcome is of their exception to the notice. Mr. Flower stated they were fully aware,they received the report and the notice of what this is about and there should be no complaint. He said a motion would be appropriate. Chairman Fletcher said they could give them the benefit of the doubt and grant 30-day continuance or a 2-week continuance to the March 10, 2010 meeting. He cautioned the applicant that there will not be any further continuances and they should curtail things during that time period. Motion: Moved by Howdyshell, seconded by Wimberly, to continue the public hearing to the March 10, 2010 meeting date with no further continuances. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, WIMBERLY NOES: MUNOZ, OAXACA, ABSENT: NONE - carried Chairman Fletcher called a very brief recess only to allow members of the public to exit the room at 7:46 p.m. The Commission reconvened at 7:47 p.m. OLD BUSINESS J. SELECTION OF ALTERNATE FOR THE TRAILS ADVISORY COMMITTEE (TAC) Chairman Fletcher quipped that serving on the Trails Advisory Committee would make a whole lot of sense and be an excellent spot for our new Commissioner, Mr. Oaxaca. He noted that as a Park and Recreation Commissioner, he has experience in this area. Mr. Oaxaca agreed and said he would be happy to serve. PUBLIC COMMENTS None COMMISSION BUSINESS/COMMENTS Vice Chairman Munoz commended staff for the clear and colorful pictures provided in the agenda packets, that this is helpful to have in the course of their decision-making. • 4 k 1 Planning Commission Minutes -6- February 24, 2010 ADJOURNMENT Motion: Moved by Oaxaca, seconded by Munoz, carried 5-0, to adjourn. The Planning Commission adjourned at 7:50 p.m. Respectfully ssubmi t�ed, • it James R. Troyer, AICP Secretary Approved: March 10, 2010 I I Planning Commission Minutes -9- February 24, 2010 •