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HomeMy WebLinkAbout2005/11/09 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting November 9, 2005 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: Richard Fletcher, Larry McNiel, Cristine McPhail, Pam Stewart ABSENT: Rich Macias, STAFF PRESENT: Dan Coleman,Acting City Planner; Peter Bryan, Fire Chief; Emily Cameron, Associate Planner; Michael Diaz, Senior Planner; Kevin Ennis,Assistant City Attorney; Douglas Fenn, Associate Planner; Donald Granger, Associate Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Barbara Tuncay, Planning Department Secretary ANNOUNCEMENTS Dan Coleman,Acting City Planner,welcomed the students from Los Osos High School and Rancho Cucamonga High School. He then gave a brief overview of the Development Review process. APPROVAL OF MINUTES Motion: Moved by Fletcher, seconded by McNiel, carried 4-0-1 (Macias absent), to approve the minutes of October 26, 2005. Motion: Moved by Fletcher, seconded by McNiel, carried 4-0-1 (Macias absent), to approve the adjourned meeting minutes of October 26, 2005. ♦ R 1` M CONSENT CALENDAR A. DEVELOPMENT DESIGN REVIEW-DRC2005-00715-GAA ARCHITECTS, INC-A review of one Industrial building, which totals 331,872 square feet on 15.6 acres in the Minimum Impact Heavy industrial District(Subarea 9), located at the northwest corner of Jersey Boulevard and Boston Place -APN -0229-111-65 Related File Development Review DR99-55. This project has been determined to be within the scope of a Mitigated Negative Declaration that was adopted by the Planning Commission on January 26, 2000. B. VACATION SUBVAC202 - BCA DEVELOPMENT - A request to quitclaim an Ingress and Egress Easement located south of the intersection of Stable Falls Avenue and Rodeo Drive- APN 0225-161-32. Related File: Tentative Tract SUBTT16812. The Consent Calendar was adopted without comment. Motion: Moved by McNiel, seconded by McPhail,to adopt the Consent Calendar. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE • ABSENT: MACIAS - carried wee x PUBLIC HEARINGS Chairman Stewart announced that Items C and D would be heard concurrently as they apply to the same project. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17609 - FOREST CITY DEVELOPMENT-A request to merge 5 separate parcels into one single parcel for future commercial development in the Victoria Gardens Lifestyle Center in the Mixed Use District of the Victoria Community Plan, located at the southeast corner of Church Street and Victoria Gardens Lane - APN: 0227-211-39, 40, 41, 42 and 43. Related Files: DRC2005- 00723. This action is within the scope of the project reviewed in an Environmental Impact Report (EIR) (State Clearinghouse No. 20010301028) prepared for Development Agreement 01-02, Victoria Community Plan Amendment 01-01, and Tentative Parcel Map SUBTT15716. Said EIR was certified by the City Council on February 20, 2002, and no additional environmental review for the discretionary actions mentioned in this notice is required pursuant to Public Resources Code Section 21166. D. CONDITIONAL USE PERMIT DRC2005-00723-BASS PRO SHOPS OUTDOOR WORLD-A request to construct a 2-story, 180,000 square foot outdoor recreational products store including a 10,000 square foot restaurant, and outdoor display of boats for sale within the Victoria Gardens Lifestyle Center in the Mixed Use District of the Victoria Community Plan, located at the southeast corner of Church Street and Victoria Gardens Lane-APN: 0227-211- 39, 40, 41, 42, and 43. This action is within the scope of the project reviewed in an Environmental Impact Report (EIR) (State Clearinghouse No. 20010301028) prepared for Development Agreement 01-02, Victoria Community Plan Amendment 01-01, and Tentative Parcel Map SUBTT15716. Said EIR was certified by the City Council on February 20, 2002, and no additional environmental review for the discretionary actions mentioned in this notice is required pursuant to Public Resources Code Section 21166. Mike Diaz, Senior Planner, presented the staff report. He then noted that on page C & D 50 of the agenda packet, Condition#6 has been amended to include information regarding street tree choices and the revised page has been placed in front of the Commissioners for their review. Chairman Stewart asked the Commissioners if they had any questions. Commissioner McNiel asked if when the special events are held on the site if an allowance had been made in the parking calculation that accounts for the spaces lost by the spaces that will be covered by the tents erected for the events. Planning Commission Minutes -2- November 9, 2005 Mr. Diaz replied that staff feels confident that since the events will each have an average duration of 4 days, the parking needs will be spread out enough to allow for enough parking over the course of the event. Commissioner Fletcher commented that he believed the original submittal included plans for a Starbucks and Café at a different square footage than what is being indicated now. Mr. Diaz said that to his knowledge, 10-11,000 square feet dedicated to restaurant use was what had been proposed from the beginning. Chairman Stewart opened the public hearing. Mark Tuttle, 2500 East Kearney Street, Springfield, Missouri, stated he represents Bass Pro Shops. He said he is pleased his company has the opportunity to come to Rancho Cucamonga to offer their sports gear and to be involved with our community. He said their stores offer opportunities for sportsmen to learn new skills; they encourage respect for the heritage of the outdoors; and they encourage conservation of our natural resources. Chairman Stewart asked if there are other stores in California Mr. Tuttle said there are no other stores in this state. Chairman Stewart asked if the parking ratio proposed for this store is typical of the other Bass Pro stores. Mr. Tuttle said he did not know but that the typical ratio is 5 parking spaces per 1,000 square feet of shopping area. He said that because this is a more urban area with better public transportation and because the special events do not coincide with the busy seasons of the remaining shops in Victoria Gardens, they felt certain there would be enough parking. He added that they would work closely with fire, police, Forest City and public works. He offered to provide a sample video that gives a better idea of how the special events are coordinated. Chairman Stewart asked what the typical events are and what is the average length of time a visitor would stay. Mr. Tuttle reported that in the spring they have a fishing event; in the fall they have a camp classic; and they may feature dog training and/or special displays of merchandise at other times of the year. He reported that the average stay in their store is 2 1/2 hours to 3 hours whereas it is about 45 minutes to an hour in a typical department store. . Chairman Stewart closed the public hearing. Commissioner McNiel said the project is a fine thing although he is a little concerned about the • parking during the special events. He said he thought it would be manageable and he said they did a fine job for design review. Commissioner McPhail commended the applicant for their cooperation with staff and that they did a wonderful job in the design review process. Commissioner Fletcher said our community is fortunate to have this development and he added that he visited another Bass Pro location and the first time shopping experience is an awe producing one. He said the proposed design is attractive and he is not too concerned about the parking demands. Planning Commission Minutes -3- November 9, 2005 Chairman Stewart said she had visited the Las Vegas location and she spent 3 hours in the store. Motion: Moved by McPhail, seconded by McNiel, to adopt the Resolutions of Approval for Tentative Parcel Map SUBTPM17609 and Conditional Use Permit DRC2005-00723. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried Chairman Stewart announced that Items E and F would be heard concurrently as they pertain to the same property. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16767 - CHARLES JOSEPH ASSOCIATES -A request to subdivide 7.74 gross acres of land into 10 lots within the Community Commercial District(Subarea 4), located on the north side of Foothill Boulevard, approximately 600 feet west of Etiwanda Avenue-APN: 0227-221-03, 07, 22, 23, and 24. Related File: Conditional Use Permit DRC2004-01128. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. (Continued from"September 14, 2005) F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-01128 - CHARLES JOSEPH ASSOCIATES-A request to develop a commercial center on 7.74 gross acres of land, consisting of ten freestanding restaurant buildings and one retail building totaling 51,200 square feet within the Community Commercial District(Subarea 4), located on the north side of Foothill Boulevard, approximately 600 feet west of Etiwanda Avenue-APN: 0227-221- 03, 07, 22, 23, and 24. Related File: Tentative Parcel Map 16767. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. (Continued from September 14, 2005) Emily Cameron, Associate Planner, presented the staff report. Chairman Stewart opened the public hearing. Frank Am, 1159 South Ardmore, Los Angeles, said his proposal is for a unique, international restaurant village. Seeing and hearing no further comment, Chairman Stewart closed the public hearing. Commissioner McNiel asked if there would be any fast food restaurants in this development. Mr. Am replied all the restaurants are sit down and there would not be any fast food restaurants. Mrs. Cameron explained that because of the parking constraints, there would not be any fast food/take out restaurants. Commissioner McPhail said the applicants worked hard on their project and they have an interesting concept. Motion: Moved by McPhail, seconded by McNiel, to adopt the Resolutions of Approval for Tentative Parcel Map SUBTPM16767 and Conditional Use Permit DRC2004-01128. Motion carried by the following vote: Planning Commission Minutes -4- November 9, 2005 AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17303 - CHARLES JOSEPH ASSOCIATES-A request to subdivide 11.70 acres of land into 6 parcels for industrial and commercial purposes in the Industrial Park District (Subarea 6) within the Haven Avenue Overlay District, located at the northwest corner of Haven Avenue and 4th Street -APN: 0210-391-01 through 08 and 0210-381-22 and 23. Related Files: Development Review DRC2005-00458 and Variance DRC2005-00830,and Minor Exception DRC2005-00741. Staff has prepared a Mitigated Negative Declaration of environmental impacts. H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-00458 - CHARLES JOSEPH ASSOCIATES - The development of a master plan for an office and commercial center consisting of a 113 room hotel, one restaurant pad building totaling 7,600 square feet, two three-story office buildings totaling 146,896 square feet and two commercial buildings totaling 21,200 square feet on 11.70 acres of land in the Industrial Park District (Subarea 6)within the Haven Avenue Overlay District, located at the northwest comer of Haven Avenue and 4th Street - APN: 0210-391-01 through 08 and 0210-381-22 and 23. Related Files: Tentative Parcel Map SUBTPM17303,Variance DRC2005-00830 and Minor Exception DRC2005-00741. Staff has prepared a Mitigated Negative Declaration of environmental impacts. I. VARIANCE DRC2005-00830 - CHARLES JOSEPH ASSOCIATES -A request to reduce the required parking setback from 25 feet to 11 feet along Haven Avenue for an office and commercial center consisting of a 113 room hotel, one restaurant pad building totaling 7,600 square feet, two three-story office buildings totaling 146,896 square feet and two commercial buildings totaling 21,200 square feet on 11.70 acres of land in the Industrial Park District (Subarea 6)within the Haven Avenue Overlay District, located at the northwest corner of Haven Avenue and 4th Street - APN: 0210-391-01 through 08 and 0210-381-22 and 23. Related Files: Development Review DRC2005-00458,Tentative Parcel Map SUBTPM17303 and Minor Exception DRC2005-00741. Staff has prepared a Mitigated Negative Declaration of environmental impacts. Chairman Stewart announced that Items G, H, and I would be heard concurrently because they apply to the same project. Donald Granger,Associate Planner, presented the staff report. He noted that correspondence was received from the City of Ontario that has been placed in front of the Commissioners for their review. He noted that the issues detailed in the letter refer to: 1)a request for Engineering to cooperate with Ontario in their construction of traffic signals; 2) a request for no „sheet flow” of water from the project site; 3) a request for a full raised landscaped median to be constructed along 4th Street between Center Avenue and Haven Avenue 4) a request to limit 4th Street driveways. In response to the letter, our Engineering department added a new condition to the project that applies to both the map and the Development Review: Re-stripe 4th Street with a double yellow painted median to prohibit left turn movements. He noted the changes occur on pages G, H, I-110 and G, H, I-153 of the agenda packet. Chairman Stewart asked if staff requested 783 parking spaces why are there only 778 provided. Mr. Granger said there was a final modification of the site plan following the Design Review Committee meeting. He noted that the original plan included a 7-stall deficit but that they believe Planning Commission Minutes -5- November 9, 2005 they have provided a 5-10 percent cushion and therefore it should not be a problem. He said their rationale for the deficit is that with more retail sites being developed in the City, more people are likely to leave the site during the lunchtime hours, thereby freeing up more parking. Chairman Stewart opened the public hearing. Jack Hileman stated he is the applicant and he has worked with staff over the course of the last 8 months on this project. He noted that they hope to begin construction in January. He said he would appreciate more time to understand the fire conditions noted on the top of page G, H, I—142 of the agenda packet. Chairman Stewart closed the public hearing. Kevin Ennis, Assistant City Attorney, commented on the fire conditions in question. He said the Commission could approve the project without the conditions in question; they could continue the items to allow more time for discussion; or, they could approve the project including the conditions. He suggested a representative from the Fire Department respond. Chairman Stewart re-opened the public hearing. Peter Bryan, Fire Chief, reported that he has met with the developer to discuss the fire conditions. He gave a presentation highlighting the need for Automated External Defibrillators (AED's), a portable type of defibrillator, to be used if someone is having a heart attack. He also discussed the travel response time goals for fire calls set by the City Council as being 4 minutes. He commented that this project is on the"fringe area"for meeting that response time. He said the cost of the units is about$2,000 a piece and the condition would also require the tenants of the building to be trained and certified in CPR. He noted that the Fire Department could share the cost of the training with the developer. Commissioner Fletcher asked how many pockets of the community fall in the "fringe area" of response time. He asked if there are developed areas where this does not apply. Chief Bryan said they do not have a count yet but in the commercial portions of the City they have about 10 fringe areas that are outside the 4-minute travel zone. He said each area could be 1/2 to 1 mile wide. He responded that there are areas already developed where this requirement would not apply. Chairman Stewart asked when this policy became effective. Chief Bryan replied that Council established this goal in July or August of this year and they have been working towards implementing them since then. Commissioner Fletcher acknowledged the need and reported that some communities have raised funds and donated the equipment for this purpose on a voluntary basis. He asked if he had consulted legal counsel or insurance companies regarding the risks in using the units and if there is liability associated with this policy. Chief Bryan said they did consult other cities and their research indicated that they did not find them not using the units and that there is no duty for them to use them. He said he had consulted the City Attorney (Jim Markman). He reported that Mr. Markman indicated that if the project is within the general commercial area that they should not indicate within a negative declaration that it is a potentially significant impact because we are already serving them with emergency services even though they are not within the 4-minute travel time goal. He said they could indicate it is a less than significant impact with mitigations or just less than significant impact. Planning Commission Minutes -6- November 9, 2005 Chairman Stewart asked if that is why the environmental report does not quite follow the policy direction. She noted that there are no mitigations listed in the impact report but there is policy noted in the Resolution of Approval. Chief Bryan said they felt that the mitigation for the excessive travel time would be the installation of the AED units and CPR equipment and that would actually be the mitigation measure. He said it would include working with the developer in training them to use the equipment. He noted the challenge is to determine the appropriate level of implementing this and what cost is reasonable for the developer to absorb if it is considered a lifesaving means similar to fire extinguishers,sprinklers, fire lanes and the like. Chairman Stewart asked who determines the maximum cost level and if a developer can afford this. Chief Bryan said he would work with the developer and with staff to reach consensus to determine a reasonable level of participation for the project. Commissioner Fletcher asked where the closest Fire services are located in relation to this project. Chief Bryan reported that it is the Jersey Fire Station. Commissioner Fletcher asked if the hotel/retail complexes located at Milliken Avenue and 4th Street would be outside the 4-minute travel area. Chief Bryan said they are within that travel time area. Dan Coleman, Acting City Planner, noted that the 4-minute travel time represents a mile and one half and that it is a mile between Haven Avenue and Milliken Avenue. Chairman Stewart asked how we could mandate a property owner to administer CPR. Chief Bryan said they would not mandate that they would perform it; they would only mandate that their personnel be trained in it. Chairman Stewart clarified and asked how you would ensure that and would there be sanctions if they fail to do CPR training. Chief Bryan said it would be checked along with the normal annual fire inspection. He said no sanctions would be imposed for failure to train. Commissioner McNiel commended the Council and the Chief for establishing this goal. He said he could recall a 10-minute response time many years ago. He said this could be a trend for the future. He suggested they approve it with the conditions intact and let the applicant discuss it with the Fire Department following that approval. He complimented Mr. Granger for a fine report. Chuck Buquet, Charles Joseph Associates, commented that this project has been under review for a year and that all required components of the project including Fire's requirements have been reviewed with no objection. He noted all the buildings are sprinklered and are all in compliance with the fire ordinance. He remarked that this issue was presented to them at the last minute and that its relevance to the land use issue is a little thin. He added that only a portion of the project site is in the area that exceeds the 4-minute response time area. He said the fire station is only 2 miles from this location. He commented that CPR training would most likely cost about $40,000. He said he supports life safety measures and that it is a good objective and a good goal, but he is asking for these requirements to be removed from the project. He said he believes the implementation of this is poor timing considering the political climate of the City Council;that the Initial Study was already in Planning Commission Minutes -7- November 9, 2005 review; and that he does not believe it to be appropriate to implement these conditions without giving his client time to review the basis for them. He said we should not put a policy in effect we cannot enforce. He added that he believes this could cause a great liability exposure for his client and the tenants. Chairman Stewart asked what impact continuing the item would have. Mr. Buquet said a continuance would hurt his clients with timing and the clearing of their entitlements. He said they do not want to appeal this to the City Council. Mr. Hileman commented that their insurance carrier asked if this is a citywide ordinance would affect everyone equally. He suggested that it does not and that they are a "test case." He noted that they believe there is significant liability with this. He said they need resolution tonight. Chairman Stewart closed the public hearing. Commissioner Fletcher asked Mr. Ennis to express his legal opinion. Mr. Ennis said they could approve the project excluding conditions 2 and 3. He commented that this is a land use decision, specifically a design review. He said AED units and CPR training are not subdivision issues, they are only relevant from a design review standpoint. He noted that there are public policy issues here such as whether it would save lives and if the expense that should properly be borne by the business community. He said it is the Commission's job to determine whether the land use decision/design review decision will have impacts that need to be mitigated. He said the Commissioners should look at the documents before them such as the environmental study which reflects no impact. He said since these new conditions in question are ad-hoc conditions, the Commissioners should look to see if they stem from adopted policy that would require new developments outside that 4-minute area to have these devices. He said the Commissioners should look at the essential nexus with this project being the impact it creates on public services. He commented that he did not see enough evidence to say that the land use impact generated by this project is enough to require this business regulation. He commented in summary that he cannot confidently say that this is an appropriate land use condition. He said it would be more appropriate to allow this to be worked on rather than impose this as a land use condition. He said the Commission could ask the project applicant to meet with the Fire Chief to work towards a voluntary program to install AED's and a similar program to provide voluntary CPR training. He said he did not believe we have enough evidence to mandate it as a land use condition. Commissioner Fletcher commented that the development/design review and the land use are fine and will be a good addition to the community. He said the fire conditions are important and a valiant effort regardless of the 4-minute response area. He remarked that as a business owner, he strongly opposes the idea of legislating medical care and that requiring AED's on every floor and the requirement for CPR training is unrealistic. He said considering it is a business and considering the liability issues, he would feel more comfortable to work on the policy and try to create a voluntary policy citywide rather than trying to impose it on a singular development. He voiced his belief that the issue has not been given enough consideration to condition this project. Commissioner McPhail concurred with Commissioner Fletcher in that she believes the issue has not been given enough consideration to condition this. She strongly encouraged the applicant to voluntarily put in the AED's and to train in CPR regardless as to where the buildings are located in relation to the 4-minute response area. She said she was not sure they could mandate this in regard to land use and construction, and that it might not be practical. She suggested a voluntary program until an ordinance is in place that mandates that. Planning Commission Minutes -8- November 9, 2005 Commissioner McNiel commented that it is never a convenient time with regards to implementing policy changes. He noted that with respect to what our legal counsel offered, he is inclined to agree with his colleagues. He said he believes a voluntary program may end up not being a program at all. He suggested the two conditions be made voluntary. Mr. Ennis suggested the wording of the conditions be amended to make the installation of the AED's voluntary as well as the CPR training. Motion: Moved by McNiel, seconded by Fletcher, to adopt the Resolutions of Approval for Tentative Parcel Map SUBTPM17303, Development Review DRC2005-00458 and Variance DRC2005-00830 with the amended fire conditions as proposed by legal counsel. Motion carded by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried . . . . . PUBLIC COMMENTS Patricia Carlson thanked staff and the Commission for the new development in the City, particularly the project at Day Creek Boulevard and Base Line Road (Henry's Market). She noted that the buildings resemble a winery from the road and she appreciates the quality development. COMMISSION BUSINESS Dan Coleman, Acting City Planner, asked the Commissioners if they would be able to attend the Planning Commission meeting scheduled for December 28, 2005. The Commissioners concurred that they would not be available to attend the meeting because of commitments and because they would be out of town. Mr. Coleman said he would check with Commissioner Macias but that it would appear the meeting would be canceled for a lack of a quorum. He mentioned that if there were critical items, a special meeting could be scheduled and they would be notified if that.occurred. . . . . . ADJOURNMENT Motion: Moved by McNiel, seconded by McPhail, carried 4-0-1 (Macias absent), to adjourn to the Special meeting set for November 30, 2005. The Planning Commission adjourned at 8:45 p.m. Respectfully submitted, Dan Coleman Acting Secre ry Approve : Planning Commission Minutes -9- November 9, 2005