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HomeMy WebLinkAbout2006/04/12 - Minutes - PC-HPC 1 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting April 12, 2006 Chairman Stewart called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7 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: Richard Fletcher, Rich Macias, Lou Munoz, Cristine McPhail, Pam Stewart ABSENT: None • STAFF PRESENT: Dan Coleman,Acting City Planner;Associate Planner; Michael Diaz, Senior Planner; Kevin Ennis, Assistant City Attorney; Douglas Fenn, Associate Planner; Donald Granger, Associate Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Barbara Tuncay, Planning Department Secretary; Rozalynne Thompson, Contract Planner xxxrx ' ANNOUNCEMENTS Dan Coleman, Acting City Planner, gave a brief overview of the Development Review process. • x x r r r APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by McPhail, carried 3-0-2 (Macias, Munoz abstain), to approve the minutes of March 22, 2006. r x r x x CONSENT CALENDAR A. DEVELOPMENT REVIEW DRC2005-00287-DR. ROCKY MOJABE-A request to develop two new buildings totaling 21,846 square feet on 1.8 acre of land in the Commercial Office Zone (CO) within an Activity Center of the Foothill Boulevard Specific Plan (Subarea 3), located at 10165 Foothill Boulevard -APN: 0208-331-30. Staff has determined the project to be exempt from CEQA unde4r categorical exemption Section 15332 - In-Fill Development Projects. Motion: Moved by Fletcher, seconded by McPhail,to adopt the Consent Calendar as presented. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried A i i PUBLIC HEARINGS B. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2005-00810 - CHARLES JOSEPH ASSOCIATES (ON BEHALF OF ST. PETER ST. PAUL CHURCH) - A request to develop a 19,000 square foot pastoral center, and an 810 square foot restroom addition to the existing sanctuary, on 5 acres of land in the Low Residential District (2-4 dwelling units per acre), located at 9135 Banyan Street - APN: 1062-381-01. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Commissioner Stewart recused herself from Item B because she lives within 300 feet of the proposed project. Vice Chairman Macias assumed the chair. Mike Diaz, Senior Planner, presented the staff report noting that correspondence from an anonymous homeowner was received in opposition of the project. The letter noted current parking issues. Vice Chairman Macias opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, stated he represents the applicant. He noted that they visited the neighbors along the east property line door to door to explain the project/new pastoral center. He said the residents gave feedback that was incorporated into the design such as no view glazing on the building windows to protect the privacy of the neighbors; lowering/dropping the sidewalk an additional 2 feet; and adding a new concrete wall along the south property line. He assured the Commission that this new facility would not be used when Mass is occurring and that this new facility would not allow for a church expansion. He said additional parking spaces will be gained with the new construction. He said curbs have been painted and that they are working with the traffic engineer to prohibit parking on corners. He noted they have read and concur with all the conditions of approval except he was hoping for relief from • the requirement for underground utility improvements because he believes that it is unlikely a business will ever be located there and therefore those improvements would not be needed. He said the cost for those improvements would be approximately$200,000. Commissioner Fletcher clarified that the increase in the building size would not require more parking. Mr. Buquet indicated that 5 additional spaces were gained with the new building and that meets the parking requirement. He emphasized that the building will not be a "dual activity"use and that the only activity connection to the sanctuary is the new, ADA compliant restrooms. Jim Battersby, stated he lives near the church. He said the site lacks sufficient parking now and • expressed concern that the pre-school and kindergarten would increase in size contributing to the traffic problems. He said the cars are tearing up the infrastructure and he is opposed to the project. Cindy Lomen, 6056 Garnet Street stated her opposition because of parking and traffic issues that occur even during the week. Joanne Salas said she lives at 6205 Beryl Street and that her property is to the southwest of the church and abuts the church property. She reported a drainage problem coming from the parking lot and submitted photographs of same. Vice Chairman Macias closed the public hearing. Planning Commission Minutes -2- April 12, 2006 Commissioner McPhail said she lives near another church and there are parking issues but that the good of having it there far outweighs the bad. She moved for approval. Commissioner Munoz agreed that the benefits outweigh the detriments with this type of development and that the same situation occurs at the city parks and he did not believe that would be a reason to oppose the project. Commissioner Fletcher asked what is being done about the drainage issue raised by the Ms. Salas. Vice Chairman Macias re-opened the public hearing and asked the applicant to respond. Chuck Buquet stated the development includes the installation of a new block wall and storm drain to direct water flow off the site. He noted he is working with Engineering on this. He added that the pre-school and kindergarten are at their maximum student population allowed by the State and therefore he could assure the homeowners that this development would not allow an expansion of the school. Vice Chairman Macias closed the public hearing. Commissioner Fletcher asked staff to verify if relief of the drainage situation is a condition. Dan Coleman, Acting City Planner confirmed that it is. Commissioner Fletcher commented that there will be no increase in the occupancy levels of the church and no additional cars will be added to the lot and therefore he would support the project. Vice Chairman Macias concurred with his colleagues. Motion: Moved by McPhail, seconded by Munoz,to adopt the Resolution of Approval for Design Review DRC2005-00810 and the Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ NOES: NONE ABSENT: NONE ABSTAIN: STEWART - carried Chairman Stewart reassumed the chair at approximately 7:40 p.m. C. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2005-01000- CHARLES JOSEPH ASSOCIATES-A request to amend the General Plan Circulation Element to allow a median break on Foothill Boulevard approximately 1,000 feet east of the intersection of Rochester Avenue and Foothill Boulevard for the purposes of permitting a signalized intersection that will be located less than the standard 1,320 foot intersection spacing requirement. Related Files: Conditional Use Permit DRC2005-00365, Tentative Parcel Map SUBTPM17594, Development District Amendment DRC2005-01002, Development Code Amendment DRC2005-01003, General Plan Amendment DRC2005-01006, General Plan Amendment DRC2005-01007, Development District Amendment DRC2005-01008, and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Planning Commission Minutes -3- April 12, 2006 D. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2005-01006 - CHARLES JOSEPH ASSOCIATES-A request to change the land use designation from Office to Community Commercial on 8.21 acres of land (Subarea 4) within the Foothill Boulevard Districts, located at the northeast corner of Foothill Boulevard and Rochester Avenue -APN: 0227-152-18 and 31. Related Files: Conditional Use Permit DRC2005-00365,Tentative Parcel Map SUBTPM17594, General Plan Amendment DRC2005-01000, Development District Amendment DRC2005-01002, Development Code Amendment DRC2005-01003 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2005-01002-CHARLES JOSEPH ASSOCIATES-A request to change the Development District Designation from Office to Community Commercial on 8.21 acres of land (Subarea 4) within the Foothill Boulevard Districts, located at the northeast corner of Foothill Boulevard and Rochester Avenue - APN: 0227-152-18 and 31. Related Files: Conditional Use Permit DRC2005-00365,Tentative Parcel Map SUBTPM17594, General Plan Amendment DRC2005- 01000, Development Code Amendment DRC2005-01003, General Plan Amendment DRC2005-01006, and Variance DRC2005-01124. Staff has prepared a Mitigated.Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2005- 01003-CHARLES JOSEPH ASSOCIATES-A request to amend the Community Commercial District land use regulations within Subarea 4 of the Foothill Boulevard Districts to add hotels, motels and major hotel facilities as a Conditionally Permitted Use and cocktail lounges within major hotel facilities as a Conditionally Permitted Use . Related Files: Conditional Use Permit DRC2005-00365,Tentative Parcel Map SUBTPM17594, General Plan Amendment DRC2005- 01000, Development District Amendment DRC2005-01002, General Plan Amendment DRC2005-01006 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Donald Granger,Associate Planner, gave the staff report noting that the proposed median break is supported by a traffic study and indicates it will improve the flow of traffic. Commissioner Fletcher commented that traffic currently stacks up at the intersection of Foothill Boulevard and Rochester. He asked for a general explanation as to how the median break would help the traffic flow. Dan James, Senior Civil Engineer, noted that the final traffic study is still being analyzed by staff and that one factor that will help the traffic concern is that the connection between Day Creek Boulevard and Jack Benny Drive is now open. He said that the median break would help draw the turning movements away from Rochester and Foothill. He remarked that the signals would also be timed and synchronized that will also help the traffic flow. Commissioner Fletcher asked, "Do you promise?" Chairman Stewart opened the public hearing. Chuck Buquet, Charles Joseph and Associates, 10681 Foothill Boulevard, Suite 395, stated he represents the applicants. He said this is a land use matter and not project specific. He said he has Planning Commission Minutes -4- April 12, 2006 worked with Engineering on the placement of the median break in concert with the representatives from Sheraton Hotels and the developers of the office space to be located on the northeast corner. He said medical offices and a restaurant use are planned for the south side of Foothill Boulevard. He said Design Review has not occurred yet and the land use will have to go to City Council for final approval. Commissioner McPhail noted the distance of the median break from the intersection is short of the 1,320 foot spacing requirement from the intersection the City requires and if this is a special circumstance. Mr. Buquet stated the Traffic Engineer determined this to be the best location for the break. • Chairman Stewart opened the public hearing. Mark Centylneck, 11983 Chervil Street, said he is neither opposed nor in favor of the project. He said tonight's meeting was the first time he had heard of the project proposal. He expressed concern about the access road on the north side of the project stating noise and exhaust from the vehicles would be problematic for the neighbors. He mentioned the line of sight into the neighbors' yards from the hotel considering the 3-story height of the building. He asked what remedies are available to the neighbors and if the hotel could be moved to the east side of the property. Chairman Stewart commented that the legislative land use is the only item on the agenda and that wall issues, circulation, hotel orientation etc. would not be addressed tonight. Mr. Centylneck continued by reporting that several studies have been done indicating exposure to EMR's being emitted by the nearby Edison lines could pose a health concern to those in the hotel. He suggested the hotel be oriented to the west side of the property. He noted his concern about having a gas station on the property because of hazardous material leaching into the soil. Chairman Stewart emphasized that the issue before the Commission is the median break and land use and not the Conditional Use Permit for the proposed project. She allowed staff to respond to his ' question regarding the line of sight and access. Mr. Granger reported that the project has undergone extensive review by the Fire Department and that their requirements for maintaining underground tanks is substantial. He said that in respect to the drive aisle and sound attenuation, the wall will be on the north side of the property as proposed. He commented that the 8 foot wall along the property line will help with noise and the line of sight as well as the placement of the hotel. He remarked that the hotel will be oriented so that all the rooms will have views to the east and west; none will have direct views into the yards of the homes to the north. Chairman Stewart closed the public hearing. Commissioner Fletcher commented that this item is a housekeeping issue to keep the Development Code consistent with the General Plan. Commissioner McPhail remarked that she normally holds fast in opposition to median breaks because of the loss of valuable landscaping, but that in this case she would support the proposal. Motion: Moved by Fletcher, seconded by McPhail to adopt the Resolutions Recommending Approval for General Plan Amendment DRC2005-01000, General Plan Amendment DRC2005-01006, Development District Amendment DRC2005-01002 and Development Code Amendment DRC2005-01003 to be forwarded to the City Council for final action. Motion carried by the following vote: Planning Commission Minutes -5- April 12, 2006 AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2005-00256 - PENINSULA RETAIL PARTNERS, LLC - A request to develop a shopping center totaling 28,961 square feet including a bar for the El Torito restaurant on 4.78 acres of land in the Regional Related Commercial District, located on the southwest corner of Foothill Boulevard and the 1-15 Freeway - APN: 0229-021-58. Related Files: Tentative Parcel Map SUBTPM17077 and Preliminary Review DRC2005-00020. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA guidelines Section 15301. H. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17077 - PENINSULA RETAIL PARTNERS, LLC - A request to subdivide 4.78 acres of land into 5 parcels in the Regional Related Commercial District, located on southwest corner of Foothill Boulevard and 1-15 Freeway - APN: 0229-021-58. Related Files: Conditional Use Permit DRC2005-00256 and Preliminary Review DRC2005-00020. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA guidelines Section 15301. Doug Fenn, Associate Planner, presented the staff report. Chairman Stewart asked if the blue color on the exterior wall of the building has been changed. She remarked that it is "seriously bright" blue. Mr. Fenn responded that the color is the same as originally presented at the Design Review Committee meeting. He said the color board was somewhat off and that the real color is a little darker tone. Chairman Stewart commented that the color was an issue at Design Review and she feels it is problematic on Foothill Boulevard. Mr. Buquet noted that this project will complete the improvements on the Sears Grand site. He noted that hoto raphs depicting the blue color were forwarded to him. He said that blue color is P 9 part of their corporate identity or orate identi but the elevation drawings were not accurate and that the color will only be applied to the accent walls. He said this is very important to the corporate representatives. He added that they have read and concur with the conditions of approval. Mark Turpin,Vice President of Construction for El Torito said the color is more of a"vegetable blue" and is representative of what is seen as an authentic color prevalent in Mexico City. He said they could vary it somewhat. Chairman Stewart commented that she would not make it a deal breaker but wanted the Commission to know that she has received requests for various colors on Foothill Boulevard and did not think it appropriate for the area and she had not heard a final determination on the color. Seeing and hearing no further comment, she closed the public hearing. Commissioner McPhail suggested a field review of the Design Review Committee of the colors as a courtesy during the construction of the building. Mr. Turpin said, "absolutely." Planning Commission Minutes -6- April 12, 2006 Commissioner Fletcher noted that there was an error in the staff report in the recommendation section that states a Development Review is being approved. He noted it is a Conditional Use Permit, not a Development Review. Motion: Moved by McPhail, seconded by Fletcher, to adopt the Resolutions of Approval for Conditional Use Permit DRC2005-00256 and Tentative Parcel Map SUBTPM17077 as presented by staff. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried I. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT17938 - BOB GALLISHAW, INC. -A request to subdivide 1.47 acre of land to convert an existing, vacant, three story professional office building (shell building) into 12 condominiums within the Mixed Use District(Subarea 18), located at the southwest corner of 5th Street and Milliken Avenue— APN: 0210-082-70. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA guidelines Section 15301. Doug Fenn, Associate Planner, presented the staff report. Chairman Stewart opened the public hearing. Clint Atherton, 3419 Via Lido, Newport Beach stated he represents the applicant and would be available for questions. Chairman Stewart closed the public hearing. Commissioner Fletcher commented that the addition of business condominiums is good for the business community and he supports that. Motion: Moved by Macias, seconded by Fletcher, to adopt the Resolution of Approval for Tentative Tract Map SUBTT17938 as presented by staff. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried J. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00585 - CIP REAL ESTATE - The design review of 9 professional office buildings (including 2 existing buildings) on 3.37 net acres of land in the Haven Avenue Overlay District(Subarea 6), located at the northeast corner of Haven Avenue and Trademark Parkway - APN: 0210-081-017. Related File: Tentative Parcel Map SUBTPM17423. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA guidelines Section 15301. K. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17423 - CIP REAL ESTATE - A request to subdivide 3.37 net acres of land into a single parcel for 26 condominium units in the in the Haven Avenue Overlay District (Subarea 6), located at the northeast corner of Haven Avenue and Trademark Parkway-APN:0210-081-017. Related File: Development Review DRC2005-00585. This item will be re-advertised for the May 10, 2006 meeting. Planning Commission Minutes -7- April 12, 2006 Doug Fenn, Associate Planner, presented the staff report. He commented that the map portion of the project (SUBTT17938) is being re-advertised to allow time to perform an environmental study and to circulate a proposed Negative Declaration of environmental impacts per the City Attorney's recommendation. Chairman Stewart opened the public hearing. Chuck McKenna, 19762 MacArthur Boulevard, Irvine, stated that in the course of the review, they adjusted their design, elevations and footprint of the project and that they are ready for questions. Chairman Stewart closed the public hearing. Commissioner McPhail noted that this project went through extensive design review and made many changes in the process. She said it is attractive. Motion: Moved by McPhail, seconded by Macias, to adopt the Resolution of Approval for Development Review DRC2005-00585. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried • Commissioner McPhail recused herself stating her employer holds contracts with the applicant. L. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-01197- PITASSI ARCHITECTS, INC. —A request to Amend The General Plan Land Use Map From Open Space-Flood Control/Utility Corridor to Mixed Use with a Master Plan designation, amending the Parks And Recreation chapter, and the Flood Hazards chapter, for the development of 9 single-family detached residences, 126 multi-family residential units (14.77 Acres), and 2 office buildings (3.66 Acres) of one and two story design totaling 44,782 square feet on a total net site area of 14.31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue -APN: 1077-401-35 and 36. Related Files: Development District Amendment DRC2005-00001,Tentative Tract Map SUBTT17435,Tentative Parcel Map SUBTPM17460, and Design Review DRC2005-00071. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before the City Council will be separately noticed. Re-advertised from March 22, 2006. M. DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 —PITASSI ARCHITECTS,INC:A request to change the Development District Map from Flood Control to Mixed Use on property on a total net site area of 14.31 acres, located on the south side of Church Street between Center Avenue and Haven Avenue -APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Design Review DRC2004-00071. This action will be forwarded to the City Council for final action and the date of the Public • Hearing before the City Council will be separately noticed. Re-advertised from March 22,2006. N. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT17435-PITASSI ARCHITECTS, INC. -A request to subdivide 14.77 gross acres of land into 10 numbered lots, and two lettered lots, for the sale of 135 residential condominium units in the Flood Control District (Mixed Use District proposed), located on the south side of Church Street, between Center Avenue and Haven Avenue-APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Planning Commission Minutes -8- April 12, 2006 Amendment DRC2005-00001, Tentative Parcel Map SUBTPM17460, and Design Review DRC2004-00071. Re-advertised from March 22, 2006. O. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17460 - PITASSI ARCHITECTS, INC. -A request to subdivide 3.36 net acres of land into 3 numbered lots for the sale of 2 office condominium units in the Flood Control District(Mixed Use District proposed) located at the southwest corner of Church Street between Center Avenue and Haven Avenue-APN: 1077-401-35. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001, Tentative Tract Map SUBTT17435, and Design Review DRC2004-00071. Re-advertised from March 22, 2006. P. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00071 - PITASSI ARCHITECTS, INC.-A request to develop a Mixed Use project comprised of 2 office buildings totaling 44,782 square feet and 126 residential attached Condominium Units and 9 single-family detached units, on a total net site area of 14.31 acres, located on the south side of Church Street, between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Development District Amendment DRC2005-00001 Tentative Tract Map SUBTT-17435, and Tentative Parcel Map SUBTPM17460. Re-advertised from March 22, 2006. Larry Henderson, Principal Planner, gave the staff report noting that correspondence was received from Jonathon Ausubel regarding the project and is included with the staff report. The letter expresses concern regarding traffic on Church Street and about the safety of the intersection of Cartilla and Church Street. Chairman Stewart noted the concerns have been addressed with the installation of a new traffic signal at Church Street and Center Avenue. Commissioner Munoz asked if the floating park requirement shown in the General Plan still applies to the property. Mr. Henderson said the park element still remains, and only the text is being changed to show that the park space is no longer available. Pete Pitassi, 8439 White Oak Avenue, stated he is the applicant. He noted that representatives were present from KB Home, Diversified Pacific and KC Engineers. He clarified that the improvements on Church Street will be installed on the north side of the street that will extend from Haven Avenue and Hermosa. He said they concur with the conditions of approval and that they have proceeded to apply for and have obtained many of their clearances. Chairman Stewart opened the public hearing. Seeing and hearing no comment, she closed the public hearing. Commissioner Fletcher commented that the project is attractive and that it is a good addition to the area. He remarked that additional condo units will add more affordable housing that is needed. Chairman Stewart said that she is not strongly in favor of multiple story housing in that particular area but it is a project that evolved into a very nice project and the infrastructure requirements will help the traffic situation. Motion: Moved by Munoz, seconded by Fletcher, to adopt the Resolutions Recommending Approval for General Plan Amendment DRC2004-001197 and Development District Amendment DRC2005-0001 and the adoption of a Mitigated Negative Declaration of environmental impacts to Planning Commission Minutes -9- April 12, 2006 be forwarded to the City Council for final action in addition to approving Tentative Tract Map SUBTT17435,Tentative Parcel Map SUBTPM17460 and Development Review DR,Q2005-00071.. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL - carried The Planning Commission broke for a short recess at 8:30 p.m. Commissioner McPhail then recused herself from Items Q, R, S, T, U, and V because her employer holds contracts with the applicant. Q. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339- CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30 percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Road Right Way-APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352,Tentative Tract SUBTT16605, Development Review DRC2003-00637,Variance DRC2005-01061, Minor Development Review DRC2004-00826 and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. R. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004- 00352-CHARLES JOSEPH ASSOCIATES-An application to amend the Development Code to allow the development of the land that contains a 30 percent slope within a mixed-use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right of Way-APN: 0207-101-13, 01 and 34. Related Files: General Plan Amendment DRC2004-00339,Tentative Tract SUBTT16605, Development Review DRC2003-00637,Variance DRC2005-01061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. S. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16605- CHARLES JOSEPH ASSOCIATES-A residential subdivision of 8 lots for condominium purposes on 21 acres of land in the western Foothill Corridor Mixed Use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right Way-APN: 0207-101-13, 01 and 34. Related Files: Development Code Amendment DRC2004-00352, General Plan Amendment DRC2004-00339, Development Review DRC2003-00637,Variance DRC2005-01061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. T. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00637 - CHARLES JOSEPH ASSOCIATES-The design review of building elevations and detailed site plan for 206 condominiums on 21 acres of land in the western Foothill Boulevard Mixed Use Corridor area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right Way- Planning Commission Minutes -10- April 12, 2006 APN: 0207-101-13, 31 and 34. Related Files: General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Minor Development Review, DRC2004-00826,Variance DRC2005-01061,and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. U. VARIANCE DRC2005-01061 - CHARLES JOSEPH ASSOCIATES -A request to reduce the parking lot setback from 45 feet minimum to 10 feet to allow improvements to an existing parking lot for the Sycamore Inn Restaurant on property located on the north side of Foothill Boulevard at the intersection of San Bernardino Road - APN: 0207-101-24. Related Files: Development Review DRC2003-00637,Tentative Tract SUBTT16605 and Minor Development Review DRC2004-00826. V. MINOR DEVELOPMENT REVIEW DRC2004-00826 - CHARLES JOSEPH ASSOCIATES - Parking lot, loading area modifications and covered patio area at the Historic Sycamore Inn Restaurant, located at 8318 Foothill Boulevard - APN: 0207-101-24. Related Files: Development Review DRC2003-00637, Variance DRC2005-01061, and Tentative Tract SUBTT16605 Larry Henderson, Principal Planner, gave the staff report noting that these items were originally set for the March 22 meeting and in the meantime correspondence was received regarding the project. He said that the correspondence is found in the staff report shown as Exhibit N and that the concerns expressed by the residents have been addressed as much as possible. Chairman Stewart opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, stated he ' represents the applicant. He commented that he has worked with Cameo Homes for 3 years on this project noting that it is a difficult site, there is a Rails to Trails project, the site has been previously graded without permit, it attracts transients, it is a hillside area requiring the use of Hillside Development regulations, and that improvements on Foothill Boulevard are slated to be done to improve the traffic flow. He reported that all the proposed buildings will be developed below the line of sight of the existing development above them. He said the design team from Cameo put up"view poles" along the ridgelines in order to protect views. He said the historical aspect of the Sycamore Inn and the historic trees is being respected. He said many trees will be protected on the site in addition to 1,100 new, low-growing trees that will be planted and that could be considered an urban re-forestation. He commented that there are conditions that will mitigate the erosion of the slopes in addition to storm drain improvements. He said the unchecked water flows will be channeled to the master plan storm drain. He said this project will not use Red Hill Country Club Drive for access nor the realignment of Red Hill Country Club drive and that access point would be for Fire and emergency vehicles only. He said the developer will be responsible for 4 million dollars in fees including the master plan storm drain improvements. He noted that the improvements on Foothill Boulevard include moving the traffic signal and widening Foothill. He said these are "For-Sale" homeownership condos and that they are at 9.8 units per acre, similar to the density of the existing units(under 6 units per acre). He said these condos will increase home values in the area and that the project includes many amenities. He commented that a letter from Hank Stoy, 8509 Calle Carabe, was received by staff citing concerns about density, runoff, structural integrity and congestion on Foothill Boulevard. He reported that the residents received brochures/booklets about the design. He assured the Commission and the public and that the proposed development will not create a detrimental impact on the existing Red Hill Green condos and will actually serve to protect and preserve that development from the current exposures it currently has. He said they accept the conditions as presented. Planning Commission Minutes -11- April 12, 2006 Chairman Stewart asked if phasing was discussed at the neighborhood meeting and she expressed concern of the timeliness of the development. Mr. Buquet stated that he anticipates a year to 16 months will be needed for plan checks, map processing and building permits before the start of construction. Mr. Henderson noted that on page 177 of the agenda packet, Condition #C-6 requires an access plan and schedule for the development of all the lots along with proper public noticing.for the construction. Commissioner Fletcher noted that Mr. Buquet said the project drainage improvements will take care of the sheet flow problem from the property above. Mr. Buquet said that he reviewed the studies and that is what he believes is indicated. He referred the question to his engineering consultant. Alan Palermo, Hall and Foreman, 420 Exchange Street, Irvine, said he and Mark Reader (geotechnical representative)are available for questions. He said they have been involved with the project for 3 years. He said the drainage flowing onto the site from above is accepted as a pre- existing condition and it is to be conveyed to an approved system. Mark Reader said their analysis notes that the existing storm drain juts out from the hillside and lets out onto the Sycamore Inn site. He said their analysis included the Red Hill condo site. He said they will grade using back cuts into the existing slopes so that the slopes are 2:1 (flatter) and will meet the standards required by the City. He said they will install intercept ditches that will prevent erosion from water flowing over the slopes. Dan Eberhart, 1031 Sequoia Avenue, Placentia stated that regarding the geo-technical aspect of the project, there is no fault there, no landslides have occurred, the soil of the slopes of the proposed site is stabile under saturated conditions and also under earthquake conditions. He said the new plantings will help mitigate the erosion problem. Commissioner Fletcher asked if his study included the geological problems of the Red Hill Condos or if it was project site specific. Mr. Eberhart said his study did not evaluate the Red Hill Condos, only the subject property. He said they noted the erosion coming from uncontrolled discharge. Chairman Stewart opened the public hearing. Richard Davidson, 8077 Calle Carabe Place, stated he lives north of the project site in the Red Hill Green condos. He said he was surprised about drainage problems and that he was unaware of any slippage problems other than from some houses above him that had been mud jacked. He said the project is too dense and that one narrow access road into the project is not enough and that there should be a fire lane along the north side of the project along the hillside. He expressed concern about having wooden structures on the hill. He said he likes the look of the project but it is too dense and that the property is not all flat and therefore, all of the project site should not be considered for the density calculation. Hank Stoy, 8509 Calle Carabe, said he sent a letter about the project (see Exhibit N). He said he remains unconvinced and skeptical about the following concerns: safety of the further disturbance of the slope, runoff, seismic safety, several hundred vehicles added to the traffic flow on Foothill Boulevard, and potential for accidents on Red Hill Country Club Drive. He said they have already seen some slope problems with the existing development. He said he wants to see less density and Planning Commission Minutes -12- April 12, 2006 that does not require the amendment to the General Plan and that is more compatible with the existing development. Don O'Morrow, 8547 Calle Carabe, said he felt that with 206 condos in this project and an additional 92 proposed to the east (next to Albertson's) it is too much impact to traffic on Foothill Boulevard and that there is too much density. Alan Inglis, 8483 Calle Carabe, stated he is the President of the Red Hill Condos Homeowners Association. He took exception to Mr. Buquet's comments in that the density is not consistent with the Red Hill Condos, that he seemed to blame the drainage problems on the existing condos, and that his development is saving them from themselves and that he implied Red Hill Green Condos are an eyesore and a high crime area. He said they have had transients living below them but they are not on their properties. He said emergency services are already impacted with Foothill Boulevard being so heavily traveled. He understood Mr. Buquet to say that all the owners of the Red Hill Condos sold their properties, which is untrue. He then commented from a private perspective (as opposed to his role of President of the HOA) and stated that he is concerned about the traffic on Foothill Boulevard, that there are about 6 more apartment complexes proposed in the area of about 1,000 units each that will add traffic to Foothill Boulevard. He expressed concern about the impact on the schools. He said the applicant"gave proper due"to protect the privacy of the Red Hill Green Condos and they have proposed an attractive project. Fred Herbert, 8525 Calle Carabe, and 8344 Valley Vista Place, said he loves his view of his newly purchased Red Hill Condo and can't wait to get in it. He asked how 1,200 foot condos with tandem parking could possibly fit into the prestigious Red Hill area. He echoed concerns about traffic and emergency vehicle access. He said he likes the look of the project, but the density is too high. Darwin Alfstad, 8463 Calle Carabe said he is opposed to the project for reasons previously stated. ' Nancy London, 8502 Calle Carabe, said she is opposed because of the density and she wants the historical aspect of the sycamore grove of trees to be preserved. Barry St. Peter, 8527 Calle Carabe, stated his opposition for reasons of lack of access, density, traffic, and concern that emergency vehicles will not be able to make a turn within the project. He said it looks cosmetically nice. Paul Gomez, 8545 Calle Carabe, said he is unconvinced and skeptical for reasons of density and tandem parking. He said he attended 2 of 3 neighborhood meetings. Chairman Stewart closed the public hearing. Dan Coleman, Acting City Planner, said that in reference to the correspondence received on the project, the applicant has addressed many of the issues raised such as the slopes, geotechnical concerns, drainage and traffic studies. He noted that the density of the project is consistent with the General Plan and the design of Foothill Boulevard at its final improvement width is designed to accommodate that density. He said the City will widen Foothill Boulevard to accommodate the traffic from Vineyard all the way to Grove within our City limits and will improve the flow. He said the geostudy has been reviewed; the traffic flow has been analyzed and the project proposal includes the realignment of the intersection/traffic signal at Foothill and San Bernardino Road. He said the Fire Department has reviewed the project and that it does comply with our standards for access. He noted that our fire requirements are more strict than many other cities. He added that the historic grove of Sycamore trees will be preserved. Mr. Buquet added that the fire access meets and exceeds all the requirements and that there are actually 3 points of access to the project off of Foothill Boulevard. He noted this is not considered Planning Commission Minutes -13- April 12, 2006 the Red Hill area but is designed and oriented to Foothill Boulevard and is known as Bear Gulch. He said a fault runs right through a gas station to the east and it was still allowed to be built there. He said the traffic studies were taken into consideration and that the counts are below the thresholds. He said they as well as the City are doing improvements on Foothill Boulevard and making improvements to the master plan storm drain. He said he did not blame the drainage problems on the Red Hill Green project nor did he imply that it was a crime area. He noted the crime problem is relative to his development site. He said the density is less than what is allowed on the site. He said the developer will be paying 2 million dollars in fees for school impacts and that the access for school busses has been accommodated. He said he did not try to indicate that all the residents had sold their units, only two. He was trying to indicate that several people that sent letters in are not really impacted by the project, they live far above the project. He said the project has 82 extra spaces for parking for the convenience of the residents. He said the fire access has been approved. He noted that someone mentioned they would rather have a park on the northern section of the site, he suggested if that is what they want,they should buy the property and develop a park. He said there will be less traffic than what would occur had an office project been approved,which is what the General Plan currently would allow. He thanked staff and commended Larry Henderson for his hard work. Chairman Stewart closed the public hearing and asked what the maximum buildout density could be allowed. Mr. Buquet said up to 24 units per acre. Commissioner Fletcher said this project has been in the works for a long time, has had many design changes and he would have liked large townhomes and this is not exactly what he envisioned, but he recognizes it needs to pencil out. He commented that this is an expensive and difficult property to develop and that there had to be some trade off in the density and that it is less than what the General Plan currently allows. He said that it is likely our population will reach 200,000 in the next 5 years and that the Foothill corridor will be improved with the development of the west end and it will be enhanced. He commented that as the City develops, there will be a mixture of mixed use and residential development along Foothill Boulevard and that it will no longer be a rural Route 66. He ' asked if engineering has done their traffic studies. Mr. Henderson said it has been studied citywide in relation to the land use designations. Commissioner Fletcher remarked that the only way to control the land is to own it. He said he personally would prefer to see a different style and design but that much work, study and planning has gone into this project. He said that the Commission relies on staff and the safety engineers and that although the project may look tight, it has been approved by the Fire Department. He added that he did not perceive Mr. Buquet's comments as Mr. Inglis did. Vice Chairman Macias echoed the fact that this property is difficult to deal with and to develop. He said the developer has done an excellent job and they tried to address all the issues and that the traffic will be monitored and mitigated over time. He offered his full support of the project. Commissioner Munoz added that the developer and the consultants have bent over backwards to try to deal with all concems and the fact that the condos are only 1,200 square feet in size does not make it a bad project. He said they are designing to a diverse population. He said that not everyone can afford 2,600 square feet in Red Hill. Commissioner Fletcher commended the applicants for paying attention to the views and going to the trouble of putting up view poles for the residents of Red Hill. Planning Commission Minutes -14- April 12, 2006 Chairman Stewart said this project design went through multiple workshops and review over the course of 3 years. She said it has the lesser of some evils of what could occur on this site and that it is fortunate for the City that it is not an office development because the traffic impacts would be greater. She added that sometimes we must suffer with over impacted boulevards and traffic that comes in with new development but that as the development continues it gets cleaned up. She noted that the project is at the low end of the density scale, there will be over 1,000 trees planted and the historic Sycamore grove and the Sycamore Inn will be preserved. Motion: Moved by Macias, seconded by Munoz, to adopt the Resolutions Recommending Approval for General Plan Amendment DRC2004-00339, Development Code Amendment DRC2004-00352 to be forwarded to the City Council for final action and to adopt the Resolutions Approving Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, and Minor Development Review DRC2004-00826 with the adoption of a Mitigated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES: FLETCHER, MACIAS, MUNOZ, STEWART NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL - carried Commissioner McPhail returned to the dais at 10:25 p.m. W. REVIEW OF CONDITIONAL USE PERMIT DRC2003-00850 - CHARLES JOSEPH ASSOCIATES/AIM ALL STORAGE-A review of the construction and operation of an existing • Aim All public storage facility on 6.13 acres in the Low Residential District (2-4 dwelling units per acre), located at the southeast corner of Haven Avenue and the east 210 Freeway on-ramp. The purpose of this review is to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare or materially injurious to properties in the vicinity pursuant to Rancho Cucamonga Municipal Code Section 17.04.035.G.2. -APN: 1076-331-02 and 1076-341-01. Related file: Variance DRC2004-00050. Dan Coleman, Acting City Planner reported that many of the concerns of the residents have been resolved since the last time this facility was reviewed by the Commission on January 25, 2006 including the completion of the sound wall for noise and the closing of the gap in the wall. He noted the lighting glare from the facility was shown not to exceed City standards prior to their working with the residents. The storage facility removed some lights and painted the housings of others. He said reflected light was also addressed by the facility. The affected residents were paid $1,500 each to have their windows professionally tinted to mitigate the glare reflected from the building walls and rooftops. He added that no effective way of measuring and/or mitigating noise from rain falling on the building rooftops could be determined and they were not able to find an effective way of softening the noise. He noted correspondence had been received today from Trina Stone with concerns regarding the chain link fence along the freeway for reasons of security. He said this is a Caltrans standard and they are not willing to relinquish using that material, but that staff would request it be removed. Her letter also indicated that the lights are still adversely affecting her and that she wants motion sensors to be installed. She added a concern about a wall that was reconstructed specifically with the color and evenness of the grout and water seepage through her wall from the Aim All project. He said with respect to action the Commission could take, they could allow Aim All to continue working with the residents, or they could set a date for another evidentiary hearing or they could add additional conditions to the Conditional Use Permit. • Planning Commission Minutes -15- April 12, 2006 Chairman Stewart opened the public hearing. Mike Guirbino, 6599 Haven Avenue, owner of Aim All Storage, stated they have worked hard to address all the issues of the homeowners. He said although Ms. Stone wrote a letter to staff, she never contacted Aim All. He reported that her husband said he was happy with the wall and that if the masonry contractor did that bad of a job, they can have him remove it and rebuild it. He said they offered to plaster and paint it and that all concrete leaches. She felt the wall was built in a sloppy manner. Commissioner Fletcher asked if her wall was raised to a different height than the original. Mr. Guirbino stated it was raised 3 feet and that they had"stepped"it to follow the slope of the land. He said they raised her wall 3 feet so she could not see the other wall on the other side of it. He said they would still do something about it, but he asked if someone from the City could go look at it. Commissioner Fletcher asked if motion sensors for the facility lights would be possible and if there are City requirements for lighting for emergency access or safety related services. Mr. Guirbino said its possible, but that because they have turned so many of them off already,the lot has become pretty dark and that he would be concerned that the police/fire departments would be unhappy if any more were turned off. Chairman Stewart suggested that the applicant and Ms. Stone contact the.Police Department and work with them. She said CPTED teams could work with them towards Crime Prevention Through Environmental Design principals. She said they can be very helpful. Commissioner Fletcher asked if the$1,500 given to the homeowners for window tinting is a payment in settlement. He asked if this was in good faith or if there were conditions attached to the check. Mr. Guirbino said it was not a payment in settlement. He said the payment was based upon an estimate for tinting. He said there was no negotiation, they just sent checks to all the affected two- story homeowners. Chairman Stewart opened the public hearing. Eileen Crowl, 6550 Valinda Avenue, stated she had the most expensive replacement of windows. She said she was the only homeowner that got an estimate. She said it was for the darkest tint possible on extra thick window glass. She said she still has an issue with the lights but it is now a safety issue for both them and Aim All. She said she had to give Aim All credit as they are working with the homeowners. She said she felt she could speak for all the neighbors in that they only want the night time lights adjusted some way. Her neighbor noticed that currently lights are only on one side of the building and if that could be switched, it might help. She added that she lives in the "movie screen house" and that one wall was dim but now is brighter. Commissioner Munoz reported that he walked the site and took photos and that the owners have made great effort to resolve the issues. He said he is impressed with the owners willingness to work with the residents. He said he drove up and down Valinda and saw the wall on Valinda Avenue and it appears to meet the standards and looked okay to him, although he admitted he is an amateur and he did not notice any noticeable color differentiations. He suggested they continue to work with the neighbors. Commissioner Fletcher applauded the owners for working with the neighbors. He said he had no doubt the roofs are loud when it rains and even with a foam rooftop the sound would only be Planning Commission Minutes -16- April 12, 2006 dampened. He agreed there is no need to schedule another hearing, they should continue to work with the neighbors. Chairman Stewart commented that if the site is too dark, they may experience other safety problems. She said she is pleased we are seeing positive results and believes the owners are working hard with their neighbors and she did not see an easy solution to the noise from the rainfall. Kevin Ennis, Assistant City Attorney, suggested that if the Commission does not want to go to another evidentiary hearing but would like to encourage continued cooperation,they could motion a direction to staff to monitor the ongoing discussions between the owners of the facility and residents regarding the lighting and the cleaning of the block wall. Motion: Moved by Fletcher, seconded by McPhail, to continue to monitor the discussions as noted by the attorney and that it can be reviewed as it is a Conditional Use Permit. Motion'carried by the following vote: AYES: FLETCHER, MACIAS, McPHAIL, MUNOZ, STEWART NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS There were no additional comments from the public. COMMISSION BUSINESS There was no additional business conducted. Vice Chairman Macias announced he would not be attending the workshop following the meeting. The remaining Commissioners agreed to adjourn to move on to the workshop. ADJOURNMENT Motion: Moved by McPhail, seconded by Fletcher, carried 5-0, to adjourn. The Planning Commission adjourned at 10:45 p.m. to a workshop to discuss Pre-Application Review DRC2006-00207 - Mark Sater. The workshop adjourned at 1130 p.m. and those minutes appear separately. ecffully su itted,w Dan Coleman Acting Secretary Approved: May 10, 2006 Planning Commission Minutes -17- April 12, 2006