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HomeMy WebLinkAbout2007/04/25 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting April 25, 2007 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:28 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, Rich Macias, Lou Munoz, Pam Stewart ABSENT: None STAFF PRESENT: Rebecca Coleman, Office Specialist II; Kevin Ennis,Assistant City Attorney; Trang Huynh, Building Official, Dan James, Senior Civil Engineer; Kurt Keating, Code Enforcement Supervisor, Rina Leung, Senior Planner, Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director ANNOUNCEMENTS • None ♦ R 4 Y i APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by Munoz, carried 3-0-1 (Macias abstain), to approve the minutes of April 11, 2007. * * * * * DIRECTOR'S REPORTS A. UPDATE ON ISSUES REGARDING HILLSIDE COMMUNITY CHURCH in the Very Low Residential District (.1 to 2 dwelling units per acre), located at the southwest corner of Haven Avenue and Vista Grove Street—APN: 1074-271-01. Related files: Environmental Assessment and Development Review DRC2004-01019, Variance DRC2005-00321, Variance DRC2005-00322, Variance DRC2005-00323, Pre-Application Review DRC2004-00718, Conditional Use Permit DRC2001-00222, Conditional Use Permit CUP96-03, Conditional Use Permit 88-38, Conditional Use Permit CUP 88-10, Conditional Use Permit CUP 82-29, Tree Removal Permit DRC2005-00382, and Development Review DRC2004-01019. CONTINUED FROM APRIL 11, 2007. Rina Leung, Senior Planner, gave the staff report and briefly reviewed the first list of concerns submitted by Terri Smith and the City responses detailed in the staff report. James Troyer, Planning Director, gave an opportunity for questions from the Commissioners before proceeding to the second list of questions. Commissioner Fletcher asked with respect to the dirt pile, what the dirt would be used for. Trang Huynh, Building Official, stated that the dirt would be used for backfill along the retaining wall.' of the parking structure. He said that only a portion of the backfill has been done because the structure is still under construction; the wall of the structure must be supported first before the dirt can be filled in and compacted. He noted that whatever dirt is left over would be hauled away when the project is complete. He noted that the construction company has used water and soil stabilizers and that the site has been monitored on windy days because the site is on a special list of sites that are checked on windy days for compliance. Ms. Leung continued reviewing the second list of issues noted in the staff report. Chairman Stewart asked with respect to Item#4 of List 2, if parking on the ball field would continue when the construction is complete. Ms. Leung stated that it would and that the condition was intentionally constructed in this way so that even when the building is complete and it is anticipated that the church will be at full occupancy,the additional cars will be kept off of the neighborhood streets by parking them on site. Chairman Stewart asked if there is still a reciprocal agreement for parking with Chaffey College. Ms. Leung stated that there is an agreement and the ball field parking also helps the church meet their parking requirement but that even without the college agreement, they do meet the Municipal Code parking requirement. Chairman Stewart asked with respect to#10 if staff ever saw the noise level monitoring report or if its whereabouts is known. She also asked how frequently the list should be submitted. Ms. Leung said the church indicated they had a list but that we did not receive one. She noted that the original requirement was to keep a list but they were also supposed to monitor the site. Chairman Stewart asked if staff was supposed to review the list. Ms. Leung quickly reviewed the conditions in order to answer the question and they agreed to revisit the question later in the hearing. Chairman Stewart asked if there have been calls to the police or Code Enforcement. Kurt Keating, Code Enforcement Supervisor, said over the course of the last 6 months there have been 27 inspections of this property since September of 2006. He said of the 27 inspections they noted some activity(on the field)on two of those visits. He said on two separate visits in September and October 2006, noise meter readings were taken and no violations were recorded on those dates. Commissioner Munoz asked if on those two inspections, noise readings were taken of the sports activity on the fields, and what was observed during the remaining inspections. Mr. Keating said that during the remaining 25 occasions they did not witness more than minor activity on the field. He mentioned that during these visits they also looked at parking impacts to the surface streets and made observations regarding the construction. Commissioner Fletcher asked if the readings were taken during games. Planning Commission Minutes -2- April 25, 2007 Mr. Keating stated that on two occasions they did: One reading was 62 decibels and the second was on October 21, 2006 at 65 decibels which were the maximum levels recorded on those dates. He said the readings were within the allowable limits of the Code. Commissioner Fletcher commented that his understanding would be that for brief moments it may be loud and then exceed the limitation with periods of cheering. Mr. Keating reported that during normal play on the fields on September 16, 2006, the noise was measured at 52-54 decibels and then on October 21, 2006 it measured between 54 and 58 decibels. Commissioner Fletcher asked staff to comment on the 11 year old sound/noise report provided by Ms. Smith. He read from the excerpts of Development Code Section 17.02.120 Noise Abatement. He asked if because of the "spikes" of sound being produced are brief, he asked if it was unlikely that these periods would exceed the cumulative of 15 minutes in any one hour period. Mr. Keating stated he had not been given a copy of the old report. He said in reference to his sound test,that because the sound reading was taken over a one hour period of time, he found them to be compliant. He said they did not see the spike to continue for over a 10 or 15 minute period. He noted that he was the inspector that conducted those readings. Chairman Stewart interjected and said that this information was supplied to the Commission just prior to the meeting and therefore she would ask for a brief recess to allow the Commissioners time to review the information supplied by Terri Smith. Kevin Ennis, Assistant City Attorney, noted that page A-29 of the agenda packet reflects noise mitigation #2 of a resolution approved in 2005 which indicates noise levels shall not exceed the standards specified in the Development Code Section 17.02.120-D as measured from the property line and that the developer is to hire a consultant to perform weekly noise level monitoring. The condition indicates that the consultant it to report their findings to the Building Official if the construction noise exceeds those standards. He said if it does exceed those standards then the construction activities have to be reduced in intensity Chairman Stewart remarked that this condition makes it far more clear. Mr. Troyer affirmed that the intent of the condition was for"self monitoring" of the noise levels. Chairman Stewart opened the floor for commentary from representatives of Hillside Church. No one responded. Terri Smith reported that she is a spokesperson of the neighbors. She said that they had a meeting last October with staff and asked for sound readings to be taken. She said at that meeting they were specific in mentioning that the noise problem did not stem from soccer but from baseball. She added that Jim Markman, City Attorney,told her that the sound readings could only to be taken from the neighbors' property in order to prove that it is a public nuisance. She said none of the readings were taken from any of their private properties. She said she did not understand how the CUP that states parking on the grass would not be permitted after the issuance of the Certificate of Occupancy (C.O.O.)could be any different prior to that certification being issued. She noted the example of someone building a home and not being able to turn on the power and utilities prior to that certificate being issued. She asked why the church is being given the special privilege to do that without the C.O.O. She asked when the church became a playground. She said there are signs posted that state no trespassing, you can't play on their fields and that they quote the Rancho Cucamonga Code saying you can't do that. She asked how it could be considered a playground. She said it is inconceivable that the church could be allowed to make noise 15 hours per day,7 days Planning Commission Minutes -3- April 25, 2007 a week. She said this has taken all the rights away from the homeowners; they can not enjoy their yards, entertain, or have breakfast outside because of all the noise from the church. She apologized for giving the Commissioners the packet so late. She asked why the reports regarding the use of soil stabilizers could not be produced. She remarked that it has been 3 weeks since her original request and she did not understand why the information can't be had and given to the City. She said the contractor and the church should have that and it should be given to the City. She said the issue of the backstop was"glazed over"and that it was supposed to have a permit and it was signed off. She reported that Mr. Troyer said today that they are still looking for that permit. She clarified that the neighbors want the Spruce trees to block the view and that they are asking for trees to be put in, not to remove trees. She commented on the parking on the fields. She said that at the July meeting the church requested to not pave the ball fields because it would cost $90,000. She reported that the Commission.said that if they did that it might show the church was trying to be good neighbors but the church said no, they did not want to do that. Chairman Stewart clarified the issue regarding the spruce trees. She clarified the neighbors want the trees to block the views. Ms. Smith said that is correct. Ms. Smith added that the packet includes pictures of team play every day and that the church has very organized sports. Chairman Stewart asked to confirm where Ms. Smith lives in reference to the church property and how long she has lived there. Ms. Smith confirmed that her property is adjacent to and west of the church property and she has lived there 1 '% years. Commissioner Fletcher asked when her home was built. Ms. Smith said her house was built 17 years ago. She then presented a picture of the dirt pile that she stated is much smaller than it was. She said she did call the City once and that she did see it with a plastic over it once, but it blew off the next day in the winds and they only saw the water truck spray it one time. She said the sound report submitted by the Smits family says the noise levels were 64 times above the allowable limit 11 years ago. She said staff is saying that nothing has changed since the CUP was granted 17 years ago. She reported that this report was given to the Planning Department 11 years ago and now no one says they have seen the report or know anything about it. She cited the loss of enjoyment of property and loss of property value. She also cited the private and public nuisance code stating that since they cannot use their yards it is a private and public nuisance. She provided copies of the game/practice schedules from the Hillside Church website. She said between August and November there are 61 days scheduled for games and practices for baseball. She said she ran out of time before preparing the soccer schedule materials. She provided an aerial map indicating the proximity of the Smits property line to the bleachers. She said because of the screaming and yelling, they are unable to enjoy their homes. She pointed out an e-mail sent to Pastor Dave Burns on May 16, 2006 to which she states she never received a reply. She provided a copy of an article from the Inland Valley Daily Bulletin on April 9, 2007 which refers to a church expansion in Norco and the similarity of the complaints received from the neighbors. She noted a meeting held with Police Chief Ortiz and Pastor Dave Burns last week. She said that Chief Ortiz asked if there was anyway for the church to make concessions to help resolve the issues with the neighbors and the church representatives indicated they did not have to, and that they had all the rights. She reported that Commissioner Macias said that "the church would have to be good neighbors with the new CUP." She stated that has not happened. She said the church also leaves lights on and the heat and air pumps on. She said the pumps kept the Smits family awake for several days. She said they called the church and were told Planning Commission Minutes -4- April 25, 2007 the janitor would be notified to see what they could do about it. She said they have repeatedly asked the church to provide a phone number for a "go-to person"to call for these problems. She said the pattern is that the church is not responsive to the neighbors. She reported the dirt pile was to be watered down every 96 hours and that has not taken place. Commissioner Fletcher asked if that causes a problem for them. Ms. Smith said the dirt in their homes is "horrendous." She said they have called the City and the church and nothing happens. She said her counters would be black each morning with dirt. She said that construction trucks sit on Vista Grove and idle for hours in a no parking area. She said she does not understand how cars can be parked on the grass because the property sits on top of a water table and cars do leak. She said if she parked on her front lawn, she would be ticketed. Commissioner Fletcher asked the significance of the pictures of the teams playing. Ms. Smith said the neighbors just wanted the Commissioners to know how organized the teams are and that it is not just "pick up games." She said it is just like Little League with cheering parents, teams and cheerleaders. Chairman Stewart asked if she believes that it occurs for about 25 weeks per year. Ms. Smith said it is about 8 months during the prime times for use of their yards; spring, summer or fall. Chairman Stewart asked if there was any disclosure of this when she bought her home; Ms. Smith said there was no disclosure and that she is looking into that as well. Chairman Stewart asked if she saw the church there when she purchased her home. Ms. Smith said she did and she thought that churches meet once or twice a week and that it would be quiet. She said they had no idea that they are there 7 days a week almost 24 hours a day. She said she did see the backstop but she related that to the church she grew up in where there was a backstop and there were just occasional pick up games held there. Bruce Mercado, 10360 Ridgeview Court, stated he lives to the west of the church. He said he has a %acre lot. He said the City is not looking on the key days which are Friday, Saturday and Sunday. He said the construction workers curse in Spanish and the church does not care. He said they are a city unto themselves and consider themselves to be the Vatican. He said he has lived there since 2000 and were pleased to move next to the church until they realized how loud it is. He suggested they visit the church on a Saturday or Sunday. He said Councilman Rex Gutierrez was at his home on a Saturday and saw the activities and that once the people on the church property saw him they toned it down and disappeared off the field and it gave the impression that they left because they were seen. He also mentioned the dirt from the dirt pile as a concern. Chairman Stewart asked how many times they called the church. Mr. Mercado said he always tries to go there but that he has to be careful because his kids love the church. He said they are not members there. He said he has tried to get a hold of the pastor and never gets a return call. He said he has lived there for 7 years. Chairman Stewart asked if he has tried to go talk to representatives of the church to talk about these issues. Planning Commission Minutes -5- April 25, 2007 Mr. Mercado said yes, and that it has gotten to the point where they have consulted an attorney. He said they are looking at options; they do not want to go that route and that they are hoping for cooperation of the Commission. He complained about the height of the parking structure, that it appears to be 30 feet high from his home. He asked the Commissioners to visit the property. Chairman Stewart noted she was there on Sunday. Terry Smits, 10458 Vivienda Street said they moved in 1992 and there were only portables there at the time. She said the plans had a ball field that indicated a little backstop. She said they were stunned at the size of the finished backstops and tiered bleachers. She said they have appealed to the City Council for 11 years and yet staff has concluded nothing has changed. She said that before this last approval, Donald Granger and Larry Wolf were the go-to people assigned to the project. She notified the church of the blowers being on and they eventually were fixed. She said they have on many occasions tried to talk to the church about the problems and got no response. She said they were discouraged because at the time Brad Buller was the Planning Director and they felt that any issues brought to the Planning Department would have to go through their boss (Mr. Buller). She noted Larry Wolf was then removed from the project as a spokesperson. She said they went to every meeting and hired a lawyer. She said the church's lawyer from Orange County said this is an issue related to the separation of church and state and that they could not be touched. She noted that during their appeal they asked to meet with them and the lawyer said no. She said they have been turned away. She said they have neighbors at this meeting tonight from the north, south,east and west. Chairman Stewart asked those from the neighborhood to stand. Approximately 12 people stood. Ms. Smits commented that all of those standing have attended numerous meetings and that they have been here before, they have come to look at records, they ask questions for guidance, they know they are not experts, but they feel they have been kicked. Chairman Stewart noted that the time is 8:25 p.m: She released the students and called for a short recess to review the materials given to the Commissioners just prior to the meeting. The Commission reconvened at 8:35 p.m. Commissioner Macias respectfully asked that any additional speakers not be redundant and address any new issues and to please not speak to issues already spoken to. Peter Smits, 10458 Vivienda Street, said he has lived there since 1992. He reiterated that the sports are organized. He commented that the neighbors deserve a hearing. He said the church did accommodate some issues and he thanked Donald Granger for his helpfulness while he was assigned to the project. He asked that the church abide by their Conditional Use Permit and that no changes should be made without the knowledge of the community. Terese Mercado 10360 Ridgeview Court said noise and dirt seven days a week is redundant. Doug Warner, 5291 Ozark Mountain Place, stated he lives to the north of the church. He said he appreciated the help City staff has given with their concerns. He said he supports the church but from a construction aspect he believed there was an agreement that there was not to be activity on the site before 7:00 a.m. He reported that trucks and haulers show up at 5:00 a.m. or 6:00 a.m. in order to be on site at 7:00 a.m. He said the workers often gather at around 6:15 a.m. and talk loudly. He said that has improved but now the cement haulers are a problem. He said they do want some trees in place. He appreciated the fact that the level (parking structure height)was dropped to a lower level. He said the church is doing some good service for the community. Planning Commission Minutes -6- April 25, 2007 Chairman Stewart ended the public comment at 8:40 p.m. Mr. Ennis noted that the time for construction is detailed on page A-29 of the agenda packet, in conditions #2 and 4. He noted that the construction activity may not commence before 6:30 a.m. and the haul trucks may not arrive before 6:30 a.m. He remarked that these are existing restrictions on noise. He noted that page A-24 of the agenda packet,Air Quality mitigation#1 requires that the site be treated with water or other soil-stabilizing agents daily and mitigation #4 requires soil stabilizers be applied to construction areas that remain inactive for 96 hours. He noted that there are existing restrictions on noise noted on page A-22 and 23 of the agenda packet shown in conditions #4, limiting the times of amplified noise or cheering (none before 7:00 a.m.), and #9 requiring single-tier bleachers for sound attenuation. He commented that in reference to the 11 year old noise study the project applicant(Hillside Church) included soccer and baseball in their original application with the church. He said it was considered that there would be periods of time that their activities would at times exceed that noise standard. He said on the first page of readings it indicates the level slightly above 65 but it does not indicate where the readings were taken; the study is unclear and therefore he would ask staff to comment on that issue. He said in response to Ms. Smith's question about the facility being a church or a school; he responded that the application from 24 years ago indicates it as both. He said it would be difficult for the City to preclude a use that was granted 24 years ago. Commissioner Macias asked what the Commission's options are. Mr. Ennis suggested that the church be encouraged to work with the neighbors and to require staff to review and enforce the existing conditions. Commissioner Macias stated that his main concern is not with the construction issues. He noted that he understands the dirt issues but they will eventually cease. He said that the issue is the onsite operation and management of lights, sporting events, etc;these are the long term issues. He commented that the church will probably manage the construction better but the church's participation in sports has grown and it may be noisy; and is not likely this problem will go away. He said the Conditional Use Permit allows them to do this. He asked counsel if they did a review would it enable the Commission. Mr. Ennis said the church must meet the minimum requirements of the code. He said we can review their operation for compliance and for problems and look at possible modification of those conditions. He noted the document in the agenda packet is the Development Review approval. He said that if we find provisions of the Conditional Use Permit that are relevant then staff can set a hearing to review what would be relevant in impacts to their operations. He added that to preclude them from doing what is already permitted would be difficult on the part of the City. Commissioner Macias responded and said that it would not be their intent to preclude them from what has been permitted, he only wants to ensure the church is doing all they can do and he is not convinced every argument that was presented tonight is valid. Mr. Ennis suggested an approach taken in stages: first, meetings with the church, residents and staff and if it does not result in a workable resolution, then bring it back for more study and a public hearing. He then commented on the issue of parking on the ball field without a Certificate of Occupancy. He noted condition #6 on page A-23 of the agenda packet indicates that once the sanctuary is open, they are required to use the ball field for parking. Mr. Troyer commented that the use of the ball field is part of their parking requirement. Commissioner Fletcher asked about the haul truck deliveries and the report of trucks and work crews showing up early. He asked if the hours for this are finite and if traffic is restricted in the area. Planning Commission Minutes -7- April 25, 2007 Mr. Huynh stated that traffic restrictions are enforced but they (the inspectors) are not there at 3 or 5:00 a.m. He said at that hour the residents can call the police and have a unit dispatched. He said that if they are aware this is frequently happening then the City can send an inspector to the site. Commissioner Fletcher confirmed that they are not supposed to show up early. Mr. Huynh stated that is correct and if they are early they are not allowed to leave their engines running. He said idling engines are not acceptable. Commissioner Fletcher asked about the limitation of the single-tier bleachers. Mr. Troyer responded that there are three steps on the bleachers which together make up a single- tier; they are not 3 level bleachers. Ms. Smith noted that according to the church website, the ball fields were constructed in 1994. She read a statement made by Jim Markman, City Attorney, (taken from City Council meeting minutes from an earlier meeting). She remarked that there is no preschool there and T-Ball starts at age 5 but these are older children playing on the ball field. Commissioner Fletcher commented that he is not unsympathetic to the residents although some enjoy this church activity. He said it would be difficult to have games out there without yelling. He said that in regard to the construction noise, there are some valid complaints. He asked staff to remind the contractors of the stated hours of construction and that they should not be there prior to 6:30 a.m. He said that the dirt issue is huge. He said with construction you cannot avoid dirt and noise but if there is a requirement for daily soil treatment then they should be held to that. He said these violations can be corrected. He noted that with respect to parking on the ball fields; the condition was constructed to keep cars out of the neighborhoods and that parking on the ball fields is a good thing. He said there was a misunderstanding about the removal/replacement of trees with respect to blocking views. He said that when the landscaping is complete it will help provide visual and noise barriers. He noted that most of the community views churches as holding good activities, but we never had a sports ministry like this one and it has grown. He said the church should take note and limit further expansion and consider compromises. He said he would like the church to make an effort to work with the residents. He said he did not know if this is an incompatible use. He asked the church to "put the hammer to the contractors." Commissioner Macias suggested the Planning Commission ask staff to engage the church in discussion and depending upon their level of response, report back to the Planning Commission as to the outcome of those discussions. He said it would have been good public policy for the church to address the concerns of the neighbors. He said they have a good congregation and they have had their Conditional Use Permits for 24 years, but they need to do something. Commissioner Munoz said he can empathize with the residents and understands their wants and needs and he also sees the church's view. He said he supports good, clean activity. He said the concern is the level of the use and not enough good communication. He said the Commission should explore the possibilities and engage in more full dialogue. Chairman Stewart remarked that she does not disagree with her colleagues and she found it troubling that there was no response offered to the neighbors from the church. She said she was unsure as to how to interpret that. She commented that it would be prudent for the church to engage the residents. She said the noise is her primary concern. She also recommended staff engage the church and the neighbors. She said staff should dissect the Conditional Use Permits and provisions. She said that if staff cannot bring something positive back then she would recommend a review of the Conditional Use Permit. She said she would think the church would be willing to resolve these issues,that there are now new and long term neighbors with concerns. She Planning Commission Minutes -8- April 25, 2007 added that it is time to look how the church manages their size. She added that activities related to enforcement of construction issues should begin immediately. Commissioners Munoz and Macias agreed they should bring the church and residents together with staff and report back to the Commission. Mr.Troyer added that there should also be a coordinated effort with Code Enforcement and Building and Safety to enforce the existing conditions. Motion: Moved by Macias, seconded by Munoz, to have staff bring the church leadership and the residents together to discuss their concerns and work toward a resolution. Staff is to report back to the Commission with a report of the outcome. It was noted that staff would also coordinate and effort with Code Enforcement and Building and Safety to enforce the existing conditions. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE • ABSENT: NONE - carried PUBLIC COMMENTS None ADJOURNMENT Motion: Moved by Macias, seconded by Munoz, carried 4-0,to adjourn. The Planning Commission adjourned at 9:20 p.m. • Respectfully submitted, James R. Troyer, AICV P Secretary Approved: Planning Commission Minutes -9- April 25, 2007