Loading...
HomeMy WebLinkAbout2009/12/09 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting December 9, 2009 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:55 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, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Candyce Burnett, Senior Planner; Daniel Correa, Assistant Planner; Jim Markman, City Attorney; Steve Fowler,Assistant Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Mayuko Nakajima, Assistant Planner; Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director;Valerie Victorino, Planning Department Secretary ANNOUNCEMENTS I None APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Howdyshell, carried 4-0-0-1 (Fletcher abstain),to approve the Special Joint Meeting minutes of the City Council and Planning Commission of October 28, 2009. Motion: Moved by Stewart, seconded by Wimberly, carried 4-0-0-1 (Fletcher abstain), to approve the minutes of October 28, 2009. Motion: Moved by Howdyshell, seconded by Munoz, carried 4-0-0-1 (Fletcher abstain),to approve the workshop minutes of October 28, 2009. CONSENT CALENDAR A. VACATION OF A PORTION OF CHURCH STREET, LOCATED EAST OF MILLIKEN AVENUE (V-216) - LEWIS OPERATING CORPORATION - A request to vacate a portion of Church Street, located east of Milliken Avenue: APN: 227-532-13. Related file: Tract Map 18710 Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Consent Calendar as presented. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried * * * * * PUBLIC HEARINGS B. AMENDMENT TO THE VICTORIA COMMUNITY PLAN - DRC2009-00432 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Community Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District of the Victoria Arbors Master Plan. Related files:Arbors Master Plan Amendment DRC2009-00739 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b) (3) of the State CEQA Guidelines. This item will be forwarded to City Council for final action. C. AMENDMENT TO THE VICTORIA ARBORS MASTER PLAN - DRC2009-00739 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Arbors Master Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District. Related files: Victoria Community Plan Amendment DRC2009-00432 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This item will be forwarded to City Council for final action. D. CONDITIONAL USE PERMIT DRC2009-00433 - RME CLINICS, INC. (MASSAGE ENVY) — GARY REA-A request to operate a massage establishment at the Winery Estate Marketplace within the Village Commercial District of the Victoria Arbors Master Plan, located at 7305 Day Creek Boulevard: APN:227-161-67. Related files: Victoria Community Plan Amendment DRC2009-00432 and Arbors Master Plan Amendment DRC2009-00739. This project is categorically exempt from the requirement of the California Environment Quality Act (CEQA) pursuant to Section 15301 (Class 1 exemption—Existing Facilities). This item will be forwarded to City Council for final action. Steve Fowler, Assistant Planner, presented the staff report. At the conclusion of his report he thanked Commissioner Stewart for her leadership and guidance at the DRC. Vice Chairman Munoz expressed a concern about what might happen if this particular massage establishment should move out and if another could move in. He asked for the specifics on how that would be vetted. James Troyer, Planning Director said that if another massage business moved in within a 180-day timeframe, they could do so as long as they operate under the same conditions of approval. Vice Chairman Munoz expressed appreciation for staff in scouting out the other locations in other cities. He noted that he wanted to be sure that the scrutiny applied to this business application would also apply to any other business that may be there in the future. Mr. Troyer reiterated that as long as the new business follows the set conditions, another massage business could potentially operate there. Jim Markman,.City Attorney, concurred that this is the case. Mr. Fowler commented that staff visited the Upland location along with Mr. Troyer. He reported that it is a very nice operation and appears to be a quality business that might be likely to thrive. Planning Commission Minutes -2- December 9, 2009 Mr. Troyer noted that the massage therapists are all State licensed. Mr. Markman added that in addition, we would still have local control of the business operation. Chairman Fletcher opened the public hearing. Gary Rea, Massage Envy, stated he is the owner of this franchise as well as the location in Upland. He said there are now about 600 locations nationwide. He said it does not fit the definition of a spa because they do not offer all the typical spa services. He said this is not a massage like what you get on a cruise ship; this is a high end massage therapy clinic. He said these franchises tend to locate in high-end centers close to Target store, Starbucks, and Barnes & Noble shops. He said their standards for their therapists are higher than most and all must have the same level of education with State certification. He said they offer a membership program and about 75%of their clientele are middle to upper class people. Craig Shue, stated he represents the owners of the Winery Estates Center. He said they want to protect their property value. He said the owners said "no"to six other prospective tenants because it is important to them to hold out for the right one and they believe Massage Envy is a good choice. Hearing no further public comment, Chairman Fletcher closed the public hearing. • Commissioner Howdyshell remarked that staff did a great job researching the company and the facilities located in other communities. She said it is important that they meet the high standards of Rancho Cucamonga. Commissioner Wimberly concurred. He also thanked staff and expressed appreciated to Mr. Fowler for answering his questions and concerns regarding the project. He said he did some of his own research as well but now he believes the record of this company assuaged his former anxiety. Vice Chairman Munoz agreed. He said he appreciated Mr. Shue's comments. He too had concerns • and he appreciated the work that was done to check with other cities. He noted that the State regulations are new but he got some of his questions answered. Commissioner Stewart remarked that she never had any anxiety about Massage Envy. She said that part of her responsibility with the Fontana Police Department was to supervise various businesses and that she could attest that Massage Envy is a very professional establishment. She said this is the type of mall that they locate in and they offer membership packages and they have a great deal of repeat business. She also knows Marketplace Partners and that she has no reservations about this application. Chairman Fletcher recalled the process the City went through prior to approving the Winery Estate development because it was determined to be a historically sensitive area. He noted that a task force was formed; this site and all the surrounding properties were divided and reviewed individually and collectively so that the task forcacould recommend appropriate types of development and get a sense of feel and flow for the entire area. He said much scrutiny was used and he said that he • believes the development turned out fabulous. He said before it was built there was much discussion with the owners of the development about what uses would be acceptable and appropriate for this center. He added that you can see it is a quality development and fully built and they want to look at it now for appropriate uses now that it is up and operational. He commented that the franchise would have to answer to their franchise regulations and City regulations. He said he feels comfortable that this business would be good there. He noted that there is some risk if this franchise sold or left as a tenant and if it came under different ownership but he felt assured that the Shue's (development owners) would protect their investment there and would keep high quality businesses there. He noted he did not hear any indication of opposition to this project. Planning Commission Minutes -3- December 9, 2009 • Motion: Moved by Stewart, seconded by Howdyshell, to adopt the resolutions recommending approval for Victoria Community Plan Amendment DRC2009-00432, Victoria Arbors Master Plan DRC20090-00739; and Conditional Use Permit DRC2009-00433 to be forwarded to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried E. TENTATIVE PARCEL MAP SUBTPM19043- HUGO LEPE-A request to subdivide a property of 2.43- acres into two (2) parcels in the Estates Residential District, within the Etiwanda Specific Plan, located on the north side of Amber Lane approximately 370-feet west from the centerline of Etiwanda Avenue: APN: 225-111-37. This action is categorically exempt per the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315, minor land divisions. Daniel Correa,Assistant Planner, presented the staff report. He thanked Commissioner Stewart for her leadership and noted that she will be missed. Commissioner Stewart asked if the recommendation made by the Trails Committee has been added to the conditions of the Resolution of Approval. • Mr. Correa said it is included and gave a brief history of the trail issues affecting this Tentative Parcel Map and the surrounding properties. He said that all of the property owners to the north had to agree to give permission to use the private trail and unfortunately they did not all agree. Instead, this developer will install a 30-foot wide trail that runs approximately 320 feet along the north portion of his property. He referred to Condition #5 found on Page E-10 of the agenda packet. Larry Henderson, Principal Planner, remarked that a specific condition to the Trail Committee recommendation is not included in the resolution, but that it could be included if they desire that. - Mr. Correa noted that the property to the east is in foreclosure. Commissioner Stewart stated that it should be a condition of approval in the resolution. Commissioner Howdyshell said that if it is in foreclosure then an easement for the trail should be in place. Commissioner Howdyshell noted that a future buyer should know that the trail is a requirement. Commissioner Howdyshell confirmed that the comment is noted in the staff report but is not included in the resolution. Chairman Fletcher opened the public hearing. Hugo Lepe, the applicant, said that he could have sought a letter giving access, but because the property to the east is in foreclosure, he did not believe it appropriate to provide access to that trail associated with that property. He said he(Mr. Lepe) does not need to access the other owner's trail. He said there might be a concern about that when their property is developed. He said he is happy to grant access. Jim Markman, City Attorney, remarked that this is not a public easement and if it was, the City could condemn it at his expense: He said, conversely, this is a private trail and that it services the people that live there, but the City cannot impose this requirement on this subdivision. Planning Commission Minutes -4- December 9, 2009 Commissioner Stewart said counsel's comment made it a little clearer. Commissioner Howdyshell suggested that the language should be more clear in the resolution. Mr. Correa noted that the Etiwanda Specific Plan requires an equestrian trail but the property to the west of Mr. Lepez' property is already developed without a trail. Mr. Markman noted that provided he(the applicant) does not do his part,then a condition does need to be added that will grant legal access to the horse trail to the east. Mr. Lepez reported that the other property owner withdrew his development application. Commissioner Wimberly asked that if the trail is required and the applicant is supposed to provide that, but that once it is installed the portion to the west goes nowhere, then why is the City imposing the requirement. Mr. Markman stated that because the conditions(referring to ownership/constraints etc; not referring to these conditions of approval) could change in the future. Mr. Henderson explained that the applicant is providing a 15-foot trail along his property. He explained (using a diagram on the overhead)that there is an existing trail to the north and that if the east or west properties never develop, then the people can still get on the trail and get to where they need to go. Vice Chairman Munoz commented that if it was requested for all the property owners to agree to use the easement, but they did not all agree, therefore, he will have a double trail. Mr. Henderson provided the secretary with the following condition: #6: Provide an access easement for the benefit of the property to the east for the future connection of a local feeder trail for equestrian purposes. Motion: Moved by Munoz, seconded by Wimberly, to adopt the Resolution of Approval for SUBTPM19043 as amended noted above. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS F. ORAL PRESENTATION ON THE COMMUNITY TELEPHONE SURVEY James Troyer, Planning Director, gave a Powerpoint presentation highlighting the summarized results of the Community Telephone Survey in relation to the General Plan Update. Commissioner Howdyshell asked for details on the demographics of the survey. Mr. Troyer said he would obtain that from the consultant. Commissioner Howdyshell commented that the format of RC-3 TV is not as good as it used to be, that there are not many things highlighted. She remarked that RC-3 was shown at the bottom of the list as a form of communication in the survey and perhaps they could capture what is going on with that media. She added that they have outdated information and events showing on the Healthy RC portion of the highlights. Planning Commission Minutes -5- December 9, 2009 Mr. Troyer assured the Commission that the comment would be forwarded to the City Manager's Office. Commissioner Wimberly remarked that the content has been reduced; it no longer shows the various boards and commissions, only the City Council. Chairman Fletcher commented that it was overall a good report and that he was impressed with the residents' responses. He said it is not surprising that people move here for the quality of life and that it is a result of good planning practices and the actions of the City Council over the years. He noted that he had done a tour of the Ladera Ranch development and noted that they have a community internet system that Rancho Cucamonga could consider. He said it might help with communications and that other groups could also post their events on it as well. G. REQUEST TO INITIATE A REVIEW OF THE CONDITIONAL USE PERMIT FOR THE BUSINESS LOCATED AT 11815 FOOTHILL BOULEVARD, UNIT E James Troyer, Planning Director noted that a memorandum was provided to the Commission from the Chief of Police in the Agenda Packet requesting a review of the business. He said provided the Commission agrees; the business will be brought back to the Commission for a public hearing and a review. Vice Chairman Munoz agreed. Commissioner Wimberly concurred and said it is important to respect a request from the Police Department. Motion: Moved by Wimberly, seconded by Munoz,to set the public hearing as requested. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried * * * * * H. REQUEST TO INITIATE A REVIEW OF THE CONDITIONAL USE PERMIT FOR THE BUSINESS LOCATED AT 11837 FOOTHILL BOULEVARD,UNIT A James Troyer, Planning Director noted that a memorandum was provided to the Commission from the Chief of Police in the Agenda Packet requesting a review of the business. He said provided the Commission agrees, the business will be brought back to the Commission for a public hearing and a review. Chairman Fletcher commented that he was a little surprised by this request. Motion: Moved by Wimberly, seconded by Stewart, to set the public hearing as requested. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried Planning Commission Minutes -6- December 9, 2009 PUBLIC COMMENTS Tony Martinez, took exception to the telephone survey results. He asked if cell phone numbers were used. He mentioned that some people do not do telephone surveys and he questioned the number of people surveyed. He remarked in reference to growth that growth should occur responsibly balanced with sustainability; planning and water board concerns go hand in hand. He added that traffic issues should be enforced. He said he never heard of the BRT and would propose a kind of trolley line that travels east to west within the City limits. He said in reference to the list of priorities that he would like to know what each of the items listed cost. „ _ _ . COMMISSION BUSINESS Chairman Fletcher once again thanked Pam Stewart for her service and friendship and stated that he would miss her. James Troyer, Planning Director, said he has not seen many people go out with this much expressed affection. He again thanked her and complimented her on her service to the community. * • w + x ADJOURNMENT Motion: Moved by Munoz, seconded by Howdyshell, carried 5-0, to adjourn. The Planning Commission adjourned at 9:10 p.m. Respectfully submitted, James R. Troyer;AICP Secretary Approved: January 13, 2010 • 1 Planning Commission Minutes -7- December 9, 2009