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HomeMy WebLinkAbout2006/08/23 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting August 23, 2006 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Stewart then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Cristine McPhail, Lou Munoz, Pam Stewart ABSENT: Richard Fletcher, Rich Macias STAFF PRESENT: Candyce Burnett, Associate Planner; Emily Cameron, Associate Planner; Michael Din, Senior Planner; Jennifer Fechner, Assistant Planner; Dan James, Senior Civil Engineer, Jim Markman, City Attorney, Lois Schrader, Planning Commission Secretary; James Troyer, Planning Director; Barbara Tuncay, Planning Department Secretary ANNOUNCEMENTS None APPROVAL OF MINUTES Motion: Moved by McPhail, seconded by Munoz, carried (3-0-2), to approve the minutes of August 9, 2006. PUBLIC HEARINGS A. SECOND TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16226 - BCA DEVELOPMENT-A request for a time extension for a previously approved tentative tract map to subdivide 92.78 acres into 265 lots for single-family home construction. The tract is part of a larger project which includes a request for a parcel map and two tentative tract maps to subdivide 248.63 acres of land into 632 lots for the purpose of single family home construction in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue- APN: 0225-071-37,48, and 50 and 0225-081-08, and 11. Related Files: Tentative Tract Map SUBTPM15699 and Tentative Tract Map SUBTT16227. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by the County of San Bernardino Board of Supervisors in 1991 and Supplemental Environmental Impact Report certified by the City of Rancho Cucamonga in July 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report. Candyce Burnett, Associate Planner, gave the staff report. Chairman Stewart noted that the applicant was not present. She then opened the public hearing. Seeing and hearing no comment, she closed the public hearing. Commissioner McPhail remarked that this is a housekeeping item and moved to approve the Time Extension as requested. - Motion: Moved by McPhail, seconded by Munoz, to adopt Resolution 06-81 approving Time Extension SUBTT16226 as presented by staff. Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: FLETCHER, MACIAS - carried B. CONDITIONAL USE PERMIT DRC2006-00352 - CINGULAR WIRELESS - A request to replace an existing 50-foot high monopole wireless communication facility with a 70-foot high monopine for the purposes of co-location in the Medium Residential District, located at 6627 Amethyst Avenue (Fire Station#171)-APN: 0202-101-11. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption — Existing Facilities). Jennifer Fechner, Assistant Planner, presented the staff report. Chairman Stewart opened the public hearing. Jim Tadaro, representing Cingular Wireless, expressed his thanks and appreciation for Ms. Fechner's efforts in processing the project. He said they took staffs suggestions and incorporated them into the project as well as the neighborhood's concerns. Chairman Stewart closed the public hearing. Commissioner McPhail noted that this project went through the Design Review process and that this stealth design will be an improvement over what is existing on the site. Commissioner Munoz commented that it might not be beautiful but it is necessary. Motion: Moved by McPhail, seconded by Munoz, to adopt the Resolution of Approval for Conditional Use Permit DRC2006-00352 as presented by staff. Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: FLETCHER, MACIAS - carried C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16578-KAUT-A request to subdivide 2.99 acres of land into 6 single-family lots in the Low Residential District (2-4 dwelling units per acre), located at 6956 East Avenue - APN: 0227-121-33 and 37. Related File: Design Review DRC2004-01198 was withdrawn July 26, 2006. This item was continued from July 12, 2006. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item is continued from July 12, 2006. Planning Commission Minutes -2- August 23, 2006 Emily Cameron, Associate Planner, presented the staff report noting that this request is to only approve the map and that the associated Design Review application for the house product had been withdrawn. Chairman Stewart opened the public hearing. • Lily Kaut, stated she is the applicant and is available for questions. Chairman Stewart confirmed that Ms. Kaut is only processing the map at this time. She asked.if she has a time frame for the house product to be considered. Ms. Kaut stated she does not have a time frame for the resubmittal of the house designs. She said she is ready at any time. She said she was waiting for a potential meeting date with Mr. Banks because she would like to propose a"wall of trees" along his adjoining property line to minimize the impact of the proposed homes on his privacy. She said she called Ms. Cameron because Mr. Banks did not respond to her e-mails. She said since that time, Ms. Cameron has been in contact with Mr. Banks and they are working on finding a date to meet with him. Chairman Stewart closed the public hearing. Commissioner Munoz asked if there is a problem with Mr. Banks and is he being uncommunicative. Ms. Cameron said no, that it appears he changed his e-mail address and therefore did not receive the communiqués sent to him. She said she recently spoke with him and that he is still concerned with the potential 2-story house product and that a meeting will be set up with him after this approval and before the house product is brought to the Commission for consideration. Chairman Stewart expressed her appreciation to Ms. Kaut for her respect of the Commission's direction and for her work on this project. She noted that the full burden of bringing a good house product that is satisfactory and appealing to all is not all her responsibility, that some of the burden will rest with Mr. Banks. She maintained that this approval and the Commission's direction is not to specifically deny 2- story product, but that to mitigate the impact the best that we could. She mentioned that Ms. Kaut had offered various things such as enhanced landscaping and a different wall product and other things that were offered to resolve the issues. Motion: Moved by Munoz, seconded by McPhail,to adopt Resolution 06-65 to approve Tentative Tract Map SUBTT16578 as presented by staff. Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: FLETCHER, MACIAS - carried D. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2006-00240 - SOLID GROUND BRETHREN IN CHRIST CHURCH-A request to approve a new master plan for the phased development of various church facilities, including classroom buildings and education/retreat center, and including specific design approval of a 2-story multi-purpose building, and approval to keep three temporary modular classrooms on 10.22 acres of land in the Medium Residential District (8-14 dwelling units per acre), located at 9974 19th Street - APN'S: 1076-051-05, 12, 13, 14, 15, 16 and 1076-061-10, 11, and 12. Staff has prepared a Mitigated Negative Declaration of environmental impacts. Mike Diaz, Senior Planner, gave the staff report and mentioned that no comments from the public were received regarding the project proposal. Planning Commission Minutes -3- August 23, 2006 Chairman Stewart opened the public hearing. Gary Ramseyer stated he represents the church as the Building Committee Chairman. He noted that along with their master plan to develop their new facilities, the church is also in the process of restoring the historic property formerly known as "El Rancho Grande" (Gorlitz House). Commissioner McPhail wished them every success and expressed her gratitude for their efforts to include the historic restoration in their project noting that it benefits the City to do so. Commissioner Munoz concurred and mentioned that it had recently been brought to the Design Review committee and that they are fully apprised of the project. Chairman Stewart commented that this is a great project and is unique in that it has this important historic element. Motion: Moved by McPhail, seconded by Munoz, to adopt Resolution 06-82 approving Conditional Use Permit DRC2006-00240. Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE • ABSENT: FLETCHER, MACIAS - carried NEW BUSINESS E. PRELIMINARY REVIEW DRC2006-00683 - ETIWANDA SCHOOL DISTRICT -A request to review the site acquisition of 3 acres of land for a proposed expansion of the Etiwanda Colony Elementary school in the Estate Residential District(.1 to 1 dwelling units per acre), located on the west side of East Avenue, approximately 230 feet north of Banyan Street-APN: 0225-122- 65-0000. James Troyer, Planning Director, presented the staff report and mentioned that the Commission has seven comments in the staff report that will be forwarded to the school district and that the Commission is asked to find the school construction in conformance with the General Plan. Doug Claflin, District Superintendent of Business for the Etiwanda School District said that he is available for questions. Dan James, Senior Civil Engineer, remarked that there is a correction to the staff report in that • comment#6 noted on page E-2 of the staff report should be deleted because the Flood Zone noted as"D" has actually been changed to Flood Zone"X". He said this was an older comment taken from other projects in the area and that they have now been developed with their required flood protections. He said this new zone is considered safe for development. Motion: Moved by McPhail, seconded by Munoz, to find the school construction in conformance with the General Plan. The comments are to be forwarded to the school district with the deletion of comment#6 as discussed by staff. Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: FLETCHER, MACIAS - carried F. PRELIMINARY REVIEW DRC2006-00685- ETIWANDA SCHOOL DISTRICT -A request to review the proposed construction of an elementary school for approximately 950 students on 10 gross acres of land in the Very Low Residential District (.1 to 2 dwelling units per acre) to be Planning Commission Minutes -4- August 23, 2006 located on the north side of Banyan Street, approximately 2,500 feet east of East Avenue - APN: 0225 131-11. Related File: Preliminary.Review DRC2005-00097. James Troyer, Planning Director, presented the staff report Chairman Stewart asked Mr. James from Engineering to clarify their comment regarding the safe route to school noted on page F-2 and F-3, paragraphs C and D of the agenda packet. Dan James, Senior Civil Engineer, said that they are required to install sidewalks unless another development puts them in first. He commented that it is a timing issue since privately owned properties can be developed at various times,the City asks everyone to put in their improvements at the time of their development. He said the Engineering Department will track the various developments to ensure that something will be in place at all times for a safe route for the school children. He also mentioned that a drainage study will have to be done and that would be included in their report as well. Chairman Stewart clarified that the goal is to make sure the students have a safe walking route to and from school. Mr. James affirmed that is the goal. Doug Claflin, Superintendent of Business for the Etiwanda School District said this school site is proposed to be developed well into the future if it is developed at all and that it would be their 13`" and final elementary school. He said their population is not growing at the rate they originally projected. He said he is available for questions. Chairman Stewart asked if the district has a secondary proposal if these other developments do not put in the infrastructure for a safe route to school prior to the school being built. Mr. Claflin replied that they would either try to mitigate that themselves or sometimes the State Allocation Board will allow for funding for a safe path to school. He said they are anticipating this site will not be developed until 2010 or 2011 and therefore is still a long way off. Motion: Moved by McPhail, seconded by Munoz, to find the construction in conformance with the General Plan and that the comments be forwarded to the Etiwanda School District Motion carried by the following vote: AYES: MUNOZ, McPHAIL, STEWART NOES: NONE ABSENT: FLETCHER, MACIAS - carried • R1` 1` Y DIRECTOR'S REPORTS G. PROGRESS REPORT ON CONDITIONAL USE PERMIT 88-45 AND ENTERTAINMENT PERMIT 91-03 - MARGARITA BEACH James Troyer, Planning Director, presented a detailed staff report. He concluded by stating that staff finds overall that the establishment is in conformance with the conditions approved by the City Council. Mark Davidson, owner/operator of Margarita Beach, reported new food item specials and promotions that he has put into place. He commented that they are trying to embrace the wishes and direction of the Council. Planning Commission Minutes -5- August 23, 2006 Commissioner Munoz commented that it appears the business has made an improvement in the way the business is run and they are keeping their end of the bargain. Mr. Davidson added that he can assure the Commission that these are not temporary improvements or short term plans. He said this is how they plan to operate now and in the future. Ed Sanchez, 9869 Estacia Court, reported that on July 15, at about midnight, he observed the lot was full and cars were parked to the north of the facility, which is a violation of the Conditional Use Permit. He said no one is supposed to park there other than employees. He said he spoke with Eric Lopez, the security guard, and he informed him of the conditions and asked him to call his management. He said the guard continued to allow patrons to park there. He asked who he should report this to. He said the Police would not take a report for this type of a violation, he added that no• one can take a complaint at that hour including Planning staff or Code Enforcement. He said the Commission needs to listen to the people living there that are bothered by this business. He said this forum (in front of the Commission) is where he believes he should make this comment because it is where it has the most impact. He remarked that this business is still a problem in the neighborhood. Chairman Stewart mentioned that a request went out to the residents to attend a meeting with the business owner to address issues such as the parking. She asked if there was a reason that no one attended. Mr. Sanchez replied that he does not have a lot of confidence in Mr. Davidson. He said Mr. Davidson walks the hallways of City hall and "schmoozes" them all the time. He said they (the residents)could only make note of these incidences and make the Commission aware of them. He said he had meetings prior with Chief Rodney Hoops and then Pete Ortiz and Mr. Davidson and nothing really happened. Chairman Stewart asked if the security guard responded as to why he was still allowing people to park there. Mr. Sanchez said that he was on his phone, he told him who he was and "basically blew me off." He added that they (the residents) will continue to be diligent and watch. Chairman Stewart remarked that by going to a meeting when it is offered that with these types of problems and with the knowledge that you might not get someone at midnight, that perhaps that type of forum offers an opportunity to interact and that it might allow for a solution to a problem such as this. Mr. Sanchez said he preferred to bring the issue to the source, to the people who really need to hear it. He said that if he did that (went to the meetings with Mr. Davidson),then the Commission would never really hear it. Mr. Troyer suggested that if he reported the instances to staff during operating hours, then staff would be happy to take the complaint and respond to it. Mr. Sanchez maintained that he would like to do it this way (in front of the Commission) instead. Mr. Davidson asked to clarify the matter in that he was aware of this incident. He said he contacted Mike Diaz the next day and that he got a different version from the security guard. He said there are two other businesses open at that hour, the Sushi bar that also does Karaoke late at night and the liquor store is also open. He said the security guard reported that Mr. Sanchez was loud and aggressive in manner and he did not know who Mr. Sanchez was. He said that when the guard asked him who he was, Mr. Sanchez replied, "I am the reason you are here." He said there was a Planning Commission Minutes -6- August 23, 2006 bit of a verbal confrontation. He reported that he (Mr: Davidson) came to where the guard was'after the guard called him, but Mr. Sanchez had left and that he went back a second time to the guard and told him to do whatever"he says." He said it was his understanding that his employees could not direct customers to park in the back but that he believed they are allowed to park there. He commented that it is his belief that his customers as well as those for the Sushi bar and liquor store can park there. He stated that in talking with Mr. Diaz, he believed that his interpretation was correct. He asked Mr. Markman for clarification. Jim Markman, City Attorney, stated he could not comment because he did not have a copy of the conditions available for review at this time. Mr. Davidson asked to please let him know and he would comply with the City's interpretation. Chairman Stewart replied that staff would review that and get back to him with a response. David Mosher, 8026 Cambridge Avenue, said,he was not familiar with all the rules, but that he has observed people parking there on numerous occasions. He said he has not observed many significant changes; people still walk up the alley during the night and that they still rev up their trucks. He said he has still had quite a few sleepless nights. He said it usually occurs Thursday, Friday and Saturday.nights. He said when he calls the Police with a disturbing the peace complaint, if they respond at all, the people have usually sped off before they get there. He said things have not changed that much. Commissioner McPhail asked for clarification as to the action required of the Commission. Mr. Troyer said that the Commission is directed to receive and file the report. Chairman Stewart said that staff will look into the issues raised by the residents and that another progress report will be prepared regarding the business operation for Commission review in February, 2007. • PUBLIC COMMENTS • None COMMISSION BUSINESS Chairman Stewart reflected on the festivities celebrating the opening of the new library and cultural center at Victoria Gardens. She gave a"hats off'to Planning staff and all those who helped with this project. She said the center is a tremendous addition to the City. Commissioner Munoz concurred that it is a great place. He gave kudos Kevin McCardle, Community Services Director,for his efforts towards making it a reality. ADJOURNMENT Motion: Moved by McPhail, seconded by Munoz, carried 3-0-2, to adjourn. The Planning Commission adjourned at 7:50 p.m.to a workshop. The workshop adjourned at 8:10 p.m. and those minutes appear separately. Planning Commission Minutes -7- August 23, 2006 Respectfully submitted, eJames R. Troyer, AIC � Secretary Approved: September 13, 2006 i Planning Commission Minutes -8- August 23, 2006