HomeMy WebLinkAbout2007/09/12 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
September 12, 2007
Vice Chairman Fletcher called the Regular.Meeting of the City of Rancho Cucamonga Planning
Commission to order at 7:20 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,
Ray Wimberly
ABSENT: Pam Stewart
STAFF PRESENT: Rebecca Coleman, Office Specialist II; Michael Diaz, Senior Planner;
Kevin Ennis, Assistant City Attorney; Dan James, Senior Civil Engineer;
Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning
Commission Secretary; Denis Sink, Office Specialist II; James Troyer,
Planning Director
. .. . .
ANNOUNCEMENTS
None
. . . . .
APPROVAL OF MINUTES
Motion: Moved by Munoz, seconded by Howdyshell, carried 4-0-1 (Stewart absent),to approve the
minutes of August 22, 2007.
. . . . .
CONSENT CALENDAR
A. VACATION OF A PORTION OF ROCHESTER AVENUE (CHARLES SMITH AVENUE)V-211
— CHASE BACK BAY, LLC -A request to find the Vacation of a portion of Rochester Avenue
(Charles Smith Avenue), generally about 460 feet south of 6th Street, in conformance with the
General Plan-APN: 0229-263-05, 0229-283-04 and 05. Related File SUBTPM16009.
Motion: Moved by Munoz, seconded by Wimberly, to adopt the Consent Calendar as presented
(4-0-1). Motion carried by the following vote:
AYES: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: NONE
ABSENT: STEWART - carried
PUBLIC HEARINGS
B. NON-CONSTRUCTION CONDITIONAL USE PERMITDRC2007-00544-WLC ARCHITECTS-
A request to operate a private/parochial school use (kindergarten through grade 12) and day
care facility- Non Accessory at Lifeway Church in an education building and related facilities
located in the Low Density (2-4 du/ac) Residential District at 7477 Vineyard Avenue. APN:
0208-921-36. The project has been determined categorically exempt from the requirements of
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the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines as it qualifies
as a Class 1 exemption under State CEQA Guidelines Section 15301 Existing Facilities.
Related files: Conditional Use Permit DRC2006-00926, Conditional Use Permit DRC2001-
00439. CONTINUED FROM AUGUST 22, 2007.
C. CONDITIONAL USE PERMIT-DRC2006-00926-WLC ARCHITECTS-A review of the Master
Phasing Plan for remaining phases of Lifeway Church project development including an
education building, temporary classroom modules, a gymnasium and fellowship hall on 5.03
acres of land in the Low Residential District (2-4 dwelling units per acre) at 7477 Vineyard
Avenue at Calle del Prado-APN: 208-921-36. The project has been determined categorically
exempt from the requirements of the California Environmental Quality Act (CEQA) and the
City's CEQA Guidelines as it qualifies as a Class 1 exemption under State CEQA Guidelines
Section 15301 Existing Facilities. Related Files: Conditional Use Permit DRC2001-00439, Non-
Construction Conditional Use Permit DRC2007-00544. CONTINUED FROM AUGUST 22,
2007. CONTINUED FROM AUGUST 22, 2007.
Corkran Nicholson, Assistant Planning Director, presented the staff report. He noted that a letter
was received from the church confirming their understanding of the procedures combined with a
request to withdraw their application for the school and daycare(DRC2007-00544). He added that a
letter was also received from Charles Rich, a neighbor adjacent to the site. Mr. Rich's letter is in
opposition of the project for reasons cited as: 1) process and format of how the hearings are
conducted; 2)the way in which the road behind their property was constructed;2)the proposed size
of the school and daycare is too large; 3) perceived oversights on the part of the Commission in their
previous approvals and 4) placement of the portables.
Vice Chairman Fletcher opened the public hearing.
Pastor Esteves, Lifeway Church, commented that staff has proposed a viable approach which
allows the Commission,the neighbors, Planning Commission and the Design Review Committee to
have the opportunity to know what is going on regarding the project. He stated that the church
desires to be friendly and affable through the process.
George Guiderra stated he preferred that a church be built there rather than apartments. He said he
would like the entire neighborhood to be notified of any future hearings.
Charles Rich, 8930 Balsa Street, commented that he would like explanations to his questions prior
to him making comment. He said he did not really know how to comment without prior explanation
and that he is frustrated with the process and how public comment is handled. He complained that
this meeting was not noticed.
Vice Chairman Fletcher remarked that there is a public comment section at the end of the meeting
where he can also comment and that if he had further questions, he could call the Planning
Department and staff would be happy to address his questions.
Commissioner Munoz noted that public comment is the opportunity for the public to
comment/express their views and that the Brown Act prevents the Commission from a back and
forth discussion at that time. He added that this meeting was noticed.
Planning Commission Minutes -2- September 12, 2007
James Troyer, Planning Director asked what part of the staff report was not clear or needed
explanation.
Mr. Rich asked what the recommended action is for the project.
Mr. Troyer noted that the actions previously requested (the application for the school and the
Conditional Use Permit for the phasing plan/continued construction) have been tabled for now
pending a re-design of the siteplan. He said when the building designs are ready,the applicant will
have to come back for further review, that any future requests for action will be noticed with.a 660
foot notification radius and that there will be full opportunity for the public to comment on the project.
Mr. Rich clarified that with the application for the school and daycare is being withdrawn and that the
applicant could build the buildings in the future without those applications.
Mr. Troyer stated that is correct and that no approvals would be granted at this meeting tonight,that
it will be continued to a future non-specific date and the neighbors will get noticed of that date.
Mr. Rich complained that there was no notification of tonight's review of the project.
Mr. Troyer explained that because it was continued from the last meeting, new notification was not
required and that those who were interested in the item came to the last meeting and that it was
noted that the project would be reviewed again at this meeting tonight, so that the public was made
aware that this item would be reviewed again tonight.
He complained that many neighbors did not know of the meeting tonight.
Vice Chairman Fletcher commented that the additional review tonight slowed down the process on
the project and that is good for him (the neighbors).
Commissioner Munoz remarked that all Commission meetings are noticed,the agendas are posted
on the glass doors outside the chambers and that they are also available for viewing on the internet
in advance of the meeting.
Mr. Rich commented that the 187 students proposed for the school would have a high impact; the
site plan/design looks like a compound; he objects to the school and park traffic in the
neighborhood; the site is not appropriate for these activities; and that the neighbors were told the
road leading up the hill to the entrance of the church site would be constructed differently than it was
and that the high elevation was not explained well. He complained that the portables are being
allowed to stay on the site and that the permits expired. He said the area where the portables are
, now located should be park-like with grass and trees. He said the applicants don't care about the
neighbors and they have a "we can do whatever we want" attitude.
Barbara Rich, 8930 Balsa Street, said she appreciates the Commission's decision to postpone the
approval of further development of the site. She said she really does not understand the process
and she is concerned that the Commission does not have the neighbors best interest at heart. She
reminded them of the pictures previously presented. She said the neighbors were told the church
development would be better than two story homes and that they hope they can trust the
Commission.
Anthony Bucherri, 7934 Zircon, said the members of Lifeway Church are fine people. He asked if
the elevations of the proposed school and gym buildings were available when the master plan was
approved. He asked if a Conditional Use Permit would be issued to them without the elevations. He
asked for clarification on the procedures.
Planning Commission Minutes -3- September 12, 2007
George Guiderra commented that other cities at times erect a skeleton where a proposed building
would go for a 30 day period to allow the neighbors an opportunity to visualize what the size of the
future structure might be.
Jane Belknap, 8979 Alder Street, asked at what point did the application for the school come into
play. She noted the traffic impacts.
Vice Chairman Fletcher closed the public comment period.
Commissioner Munoz asked staff to address the sum and substance of the agreement noted in the
staff report. He remarked that it is a good agreement and he complimented staff and the applicant
for their work.
Mr. Nicholson confirmed that the applicant has requested to withdraw their request for the school
use at this time and that they are instructed to work with staff to address the other concerns. He
reported that they will revise the site plan and buildings. He remarked that the idea of erecting a
"skeleton" as a point of reference for the mass of a building has not worked well in his experience.
He said they could ask the applicant to produce a photo/computer generated overlay to show the
building relevance to the neighborhood. He said they will have to show their work to the Design
Review Committee for approval prior to being scheduled again for review by the entire Commission.
Commissioner Munoz commented that it appears the agreement addresses all the concerns.
Mr. Troyer noted that if the applicant returns with the school use application, any applicable traffic
studies and environmental studies or mitigations would be addressed.
Vice Chairman Fletcher asked for additional comment in reference to site poles not being required
and the master plan not requiring building elevations.
Kevin Ennis,Assistant City Attorney, commented that if the City has the original master plan on file
and all the documents were considered part of the original approval, those documents can be
reviewed by the public as they are a matter of public record and that if the public desires to see the
file, they can contact staff and see what was there for that approval.
Vice Chairman Fletcher commented that because it was a phased plan, not all the elevations may
have been available.
Mr. Ennis stated that is correct because the master plan might only have contained the site plan and
may or may not have included building elevations.
Commissioner Howdyshell commended staff and the applicants for their work thus far. She voiced
concern that the portables are remaining in place for an undetermined length of time particularly
because of the esthetics for the neighbors.
Vice Chairman Fletcher commented that what is being implemented is a good process for everyone
and it allows some time for further review of the project. He noted that sometimes when you buy a
house next to an empty field, you might not like what may be built there. He explained that it is a
good example of what it is like "buying a shirt in a package," it really did not give an opportunity to
really try it on and to see how it really looks.
Motion: Moved by Munoz, seconded by Wimberly,to accept the withdrawal of the application for
Conditional Use Permit DRC2007-00544 and to adopt the recommendations set forth by staff and
agreed to by the applicant for the additional review procedures for Conditional Use Permit
Planning Commission Minutes -4- September 12, 2007
DRC2006-00926 as outlined in the staff report and to continue the item to a date uncertain pending
that review. Motion carried by the following vote:
AYES: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: NONE
ABSENT: STEWART - carried
D. NON-CONSTRUCTION CONDITIONAL USE PERMIT-DRC2007-00536-INDEPENDENCE
NETWORKS-A proposed addition of arcade games at a proposed sit-down restaurant within
the Victoria Community Plan, Regional Related Office/Commercial District, (Mixed Use) at
12375 Base Line Road, Suite 101, in the Winery Estates Center at the southeast corner of
Base Line Road and Day Creek Boulevard. APN: 0227-161-58. The project qualifies as a
Class 1 categorical exemption under State CEQA Guidelines Section 15301, Existing Facilities.
CONTINUANCE REQUESTED.
Mike Diaz, Senior Planner, reported that the applicant was not present and that he expects the
application to be withdrawn because the applicant's request for what is essentially an arcade is not
allowed in that commercial center. He suggested a continuance to a date non-specific in the
meantime.
Vice Chairman Fletcher opened the public hearing and seeing and hearing no comment, closed the
_public hearing.
Motion: Moved by Munoz, seconded by Wimberly (4-0-1), to continue DRC2007-00536 to an
unspecified date. Motion carried by the following vote:
AYES: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: NONE
ABSENT: STEWART, - carried
E. NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2007-00488-SENOR AGAVE-A '
new Conditional Use Permit to allow a full service restaurant with a full bar(no entertainment)
replacing existing Conditional Use Permit for Margarita Beach in the Community Commercial
(CC) District, Foothill Boulevard Districts (Subarea 3) at 9950 Foothill Boulevard -APN: 1077-
621-34. The project qualifies as a Class 1 categorical exemption under State CEQA Guidelines
Section 15301, Existing Facilities.
Mike Diaz, Senior Planner, presented the staff report.
Vice Chairman Fletcher opened the public hearing.
Franz Guardia, Senor Agave Restaurant, commented that his establishment is a family restaurant
with a full bar. He stated he has read and agrees with all of the conditions of approval with only one
exception to the hours of operation. He asked that the conditions be changed to allow his restaurant
to be open 7 days a week from 7:00 a.m. to 11:00 p.m. He commented that he believes this is
consistent with other similar'restaurants in town such as El Torito, Las Companas and On the
Border. He said he would like to work with the Chamber of Commerce and be able to offer
breakfast meetings.
I Commissioner Howdyshell clarified that he wants to have a breakfast menu and hours.
Mr. Guardia stated that is correct.
Planning Commission Minutes -5- September 12, 2007
Ed Sanchez, 9869 Estacia Court, (a neighbor) commented that it is a good restaurant and he gave
credit to the owner for opening a viable neighborhood business and that he gave his support to
approving the project with the requested modified hours. He referred to Exhibit D, page E-15 of the
agenda packet and pointed out that the owner has plans to grow in the future. He expressed
concern that if the business expands to what the owner envisions, that there will be problems.
Seth Cheshire, representing Shook Properties, endorsed the project. He said in regard to the
applicant's plans for expansion, it would not likely happen because there is a new tenant that is
coming in the unit/space immediately to the west of Senor Agave. He also mentioned that they will
not allow a disco there.
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Vice Chairman Fletcher closed the public hearing.
Commissioner Munoz said he is happy to see this restaurant use and welcomed them. He said he
did not have a problem with the request for the modified hours.
Commissioner Wimberly said he looks forward to trying out the restaurant and he said it is a good
addition to the area. He added that he has no problem with the request to modify the hours.
Commissioner Howdyshell welcomed the applicant and applauded the citizens of the adjacent
neighborhood for their participation in the process.
Vice Chairman Fletcher commented that the hours in the report states their hours would be
consistent with the other tenants. He asked if the hours in the resolution are consistent.
Mr. Diaz said that a closing time of 9 or 10:00 p.m. is consistent with the other businesses in the
center as they all close at about 9:00 p.m., however, the Sushi restaurant is open until 11:00 p.m.
He said there are no concerns from staff with the request. He noted that condition#7 on page E-23
should reflect the word"without"instead of"with." He added that condition numbers 5,7 and 8 were
crafted with their main concerns in mind.
Vice Chairman Fletcher commented that the Commission cannot really address the concerns of
future plans if they are not proposed at this time. He remarked the restaurant does an excellent
chile relleno and he also had no objections to the request for the modified hours.
Motion: Moved by Munoz, seconded by Wimberly(4-0-1),to adopt the resolution of approval with
conditions for Non Construction Conditional Use Permit DRC2007-00488 with the modified hours
and corrected Planning Condition #7 as noted by staff. Motion carried by the following vote:
AYES: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY
NOES: NONE •
ABSENT: STEWART - carried
PUBLIC COMMENTS
Charles Rich complained about the process of review for Lifeway Church and noted that the heights
of the buildings were not properly disclosed; the portables are on the site without permits and there
is no real timeframe for their removal and that staff is not overseeing the project.
James Troyer, Planning Director, reiterated that the item is continued;the portables may remain on
site until the second phase of the project is reviewed and action is taken on the application. He
added that the timeline will be established and reviewed and that the application will be coming
back. He said the applicant intends to be ready for Design Committee review in the next 30 days
Planning Commission Minutes -6- September 12, 2007
and then notice will be given for them to be reviewed again by this Planning Commission. He told
Mr. Rich that he would be willing to discuss the project at any time with Mr. Rich and to call for an
appointment if he would prefer that.
COMMISSION BUSINESS AND COMMENT
Commissioner Munoz commented that staff did an excellent job addressing the issues and that he
appreciates the alternatives presented; that they are clear and helpful.
Vice Chairman Fletcher commented about an accident that occurred near the top of Archibald
Avenue, south of Wilson Avenue, on the east side of the street. He mentioned that he would like to
see the police report to see the cause of the accident. He remarked that property juts out to the
street at that location and that a safety problem exists. He said he would like a report from staff as
to how eminent domain is instituted.
James Troyer, Planning Director, welcomed Denise Sink, Office Specialist II, to the Planning
Department.
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ADJOURNMENT
Motion: Moved by Munoz, seconded by Howdyshell, carried (4-0-1) Stewart absent, to adjourn.
The Planning Commission adjourned at 8:30 p.m.
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James R. Troyer, AICP
Secretary
Approved: September 26, 2007
Planning Commission Minutes -7- September 12, 2007