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