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HomeMy WebLinkAbout2002/12/11 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting December 11, 2002 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:03 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: John Mannerino, Larry McNiel, Peter Tolstoy ABSENT: Rich Macias, Pam Stewart STAFF PRESENT: Brad Buller, City Planner, Dan Coleman, Principal Planner; Kirt Coury, Associate Planner; Kevin Ennis,Assistant City Attorney,Rick Fisher,Contract Planner; Nancy Fong, Senior Planner,Jon Gillespie,Traffic Engineer,Donald Granger, Assistant Planner; Dan James, Senior Civil Engineer, Kevin McArdle, Community Services Director; Debra Meier, Associate Planner; Warren More lion, Assistant Planner, Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Gail Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner; Emily Wimer, Assistant Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that staff received a letter from the applicant's representative requesting that Items, E, F, J, and K be continued to January 8, 2003, and that staff supported the request. APPROVAL OF MINUTES No action was taken on the minutes of October 23, and November 11, 2002. CONSENT CALENDAR A. VACATION V-191 -CATELLUS-A request to vacate vehicular access rights for two driveways at the northwest corner of Arrow Route and Milliken Avenue along Parcels 10 and 12 of Parcel Map No. 15295 (Parcel A of Lot Merger 495)-APN 229-011-82. Related File: DR 00-28. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00742 - STONEBRIDGE DEVELOPMENT-The review of house plans for 8 single family lots in the Very Low Residential District (.1-2 dwellings per acre) on the west side of Haven Avenue, south of Wilson Avenue-APN: 201-182-30. Related File: Tentative Tract Map SUBTT16237. Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration adopted by the Planning Commission on February 13, 2002, and this project does not raise or create new environmental impacts not already considered in the previous Negative Declaration. C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00381 - KB HOME - The review of detailed site plan and building elevations for Tentative Tract Map SUBTT15724, consisting of 78 single-family detached condominium dwellings on 9.05 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre) of the Terra Vista Community Plan with an actual project density of 8.6 dwelling units per acre, located on the south side of Terra Vista Parkway between Milliken Avenue and Spruce Avenue - APN: 1077-831-32. Related Files: Tentative Tract Map SUBTT15724 and Terra Vista Community Plan Amendment DRC2002-00533. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from November 13, 2002) D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00307 - AMERICAN PACIFIC HOMES - The review of design elevations and site plan for 110 condominium units on 8.89 acres of land in the Medium Residential District(8-14 dwelling units per acre)of the Etiwanda Specific Plan, located on the east side of East Avenue, north of the I- 15 Freeway-APN:227-141-14 and 66. Related Files: Tentative Tract Map SUBTT16335 and Tree Removal Permit DRC2002-00545. Staff has prepared a .Negative Declaration of environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00751 - RKW DEVELOPMENT CORPORATION-The development of four industrial buildings totaling 54,662 square feet on 4.86 acres of land in the General Industrial District(Subarea 13), located at the southeast corner and southwest comer of 6th Street and Charles Smith Avenue-APN: 229- 263-05 and 229-283-04 and 05. Related file: Tentative Parcel Map SUBTPM16009. Staff has prepared a Negative Declaration of environmental impacts for consideration. F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00750 - RKW DEVELOPMENT CORPORATION-The development of five industrial buildings totaling 117,790 square feet on 7.4 acres of land in the General Industrial District (Subarea 14), located at the southeast comer of 6th Street and the 1-15 Freeway-APN: 229-283-08, 10, and 11. Related file: Tentative Parcel Map SUBTPM16010. Staff has prepared a Negative Declaration of environmental impacts for consideration. Items C, D, E, and F were pulled Motion: Moved by Mannerino, seconded by Tolstoy, to adopt Items A and B of the Consent Calendar. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried PUBLIC HEARINGS E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00751 - RKW DEVELOPMENT CORPORATION F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00750 - RKW DEVELOPMENT CORPORATION J. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16009 - RKW DEVELOPMENT CORPORATION-The subdivision of 4.86 acres of land into 4 parcels in the General Industrial District(Subarea 13), located at the southeast corner and southwest corner of 6th Street and Charles Smith Avenue-APN: 229-263-05, and 229-283-04 and 05. Related file: Development Review DRC2002-00751. Planning Commission Minutes -2- December 11, 2002 K. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16010 - RKW DEVELOPMENT CORPORATION - The subdivision of 7.4 acres of land into 5 parcels in the General Industrial District (Subarea 14), located at the southeast corner of 6th Street and the 1-15 Freeway-APN: 229-283-08, 10, and 11. Related file: Development Review DRC2002- 00750. Staff has prepared a Negative Declaration of environmental impacts for consideration. Chairman McNiel observed the items were to be continued at the request of the applicant. He opened the public hearing, and there were no comments. Motion: Moved by Mannerino, seconded by Tolstoy to continue Development Review DRC2002-00751, Development Review DRC2002-00750,Tentative Parcel Map SUBTPM16009,and Tentative Parcel Map SUBTPM16010 to January 8 2002. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16274 - DING -A request to subdivide 5.3 acres of land into 7 lots in the Very Low Residential District (.1-2 dwelling units per acre), located at the northwest corner of Wilson Avenue and Mayberry Avenue - APN: 1074-261-05. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from November 13, 2002) Rick Fisher, Contract Planner, presented the staff report and indicated the Trails Committee recommended the resolution be modified to require curb cuts on all trail connections to Wilson Avenue and Mayberry Avenue and that the concrete drainage swales be moved to the east side of all north-south local trails. He commented that staff had requested that the applicant host a neighborhood meeting but they did not. Chairman McNiel opened the public hearing. Gail Littlejohn, Tritech Associates, 135 North San Gabriel Boulevard, San Gabriel, stated her firm is the civil engineer for the project. She agreed with the changes requested by the Trails Committee. Chairman McNiel observed that it is not uncommon to hold neighborhood meetings. He asked why one was not held. Ms. Littlejohn said she was not aware it was a requirement. She said her firm had been retained about three months ago. Chairman McNiel stated it is not a requirement but such meetings frequently flush out potential problems. He was disappointed no meeting was held. Carol Douglas, Alta Loma Riding Club, 6047 Indigo Avenue, Rancho Cucamonga, stated she had reviewed the plans and found them to be greatly improved over what was originally submitted. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Tolstoy, seconded by Mannerino,to issue a Negative Declaration and adopt the resolution approving Tentative Tract Map SUBTT16274 with modifications to require curb cuts on all trail connections to Wilson Avenue and Mayberry Avenue and that the concrete drainage swales be moved to the east side of all north-south local trails. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried Planning Commission Minutes =3- December 11, 2002 C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00381 - KB HOME H. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT15724-KB HOME- A proposed Tentative Tract Map consisting of 1 lot for condominium purposes and 1 lettered lot for ingress/egress on 9.05 acres of land within the Low-Medium Residential District(4-8 dwelling units per acre) of the Terra Vista Community Plan, located on the south side of Terra Vista Parkway between Milliken Avenue and Spruce Avenue - APN: 1077-831-32. Related Files: Development Review DRC2001-00381 and Terra Vista Community Plan Amendment DRC2002- 00533. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from November 11, 2002) Debra Meier, Associate Planner, presented the staff report. She reported the applicant held a neighborhood meeting on December 10 and many of the items discussed traffic, future signals, on-street parking, and the land use change. Chairman McNiel opened the public hearing. Jary Cockroft, KBHOME, 801 Corporate Center Drive, Suite 20, Pomona, accepted the conditions. Regarding the density increase, he stated it is a slight increase over 8 dwelling unites per acre, but they felt it is an appropriate transition between the single-family homes to the east and the apartment project to the west. Cynthia Stuckey, 11098 Cloverdale Court, Rancho Cucamonga, stated she lives south of the proposed project. She said she has lived there for 15 years. She noted it was supposed to have been a school. She felt residents should have been consulted. She acknowledged that it looks like it will be a nice development but felt it should be developed at a rate of not more than 8 dwelling units per acre. She was concemed about the traffic survey and said she saw a gentleman at Fairhaven Place and Mountain View Drive from 7-9 a.m., but at times he did not appear to be observing the traffic. She stated that drivers go in excess of 55 mph on Mountain View Drive when the posted speed is 35 mph. She said that when making a left on Mountain View Drive, it is necessary to pull out into the street in order to be able to see because there is a bind corner. Mrs. Stuckey indicated there was a fatality a few months ago. She did not feel the hours surveyed were adequate. She thought the traffic should have been observed from 5-8 a.m. and again from 4-7 p.m. Commissioner Tolstoy asked if Mrs. Stuckey attended the neighborhood meeting. Ms. Stuckey replied that she did and the developer said the traffic study was for a 45-minute period and no problems were observed. Chairman McNiel suggested the Police could perhaps do some setups to monitor speeds. Mrs. Stuckey noted there will be additional cars from the development. She thanked staff, in particular Debra Meier, for doing an excellent job in trying to answer questions. Mr. Cockroft stated he did not have the full traffic study at the neighborhood meeting but only had a summary. He said he was not the one who made the statement the traffic was studied for only a 45-minute period. He said they tested two times: 7:00 — 8:45 a.m. and 4:00 — 5:45 p.m. He indicated it was a focused study that the City Traffic Engineer reviewed with LSA. He felt it is in accordance with engineering traffic requirements and is appropriate. Commissioner Mannerino asked what day of the week the survey was conducted. Planning Commission Minutes -4- December 11, 2002 Ms. Meier responded it was Tuesday and Wednesday, November 5 and 6. Hearing no further testimony, Chairman McNiel dosed the public hearing. Commissioner Mannerino felt it is a nice project in keeping with other structures in the area. Chairman McNiel asked if traffic on this street has been reported as being a problem. Dan James, Senior Civil Engineer, responded that the City has not received any complaints. He indicated that traffic statistics were compiled for accidents from January 1, 1998 through December 31, 2001, and the report showed no accidents on Mountain View Drive between Milliken Avenue and Spruce Avenue. Chairman McNiel stated the streets were designed to handle potential traffic the City anticipates at build-out, based upon the General Plan put together 20 years ago and recently reviewed and revised. • Commissioner Tolstoy appreciated the conclusions of the traffic study and stated he would support approval of the project. Motion: Moved by Mannerino, seconded by Tolstoy, to recommend issuance of a Negative Declaration and adopt the resolutions recommending approval of Tentative Tract Map SUBTT15724 and Development Review DRC2001-00381. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00307 - AMERICAN PACIFIC HOMES I. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16335-AMERICAN PACIFIC HOMES-A request to subdivide an 8.89 acre parcel of land into 3 lettered lots and 1 numbered lot for the purpose of developing 110 condominium units in the Medium Residential District(8-14 dwelling units per acre)of the Etiwanda Specific Plan, located on the east side of East Avenue, north of the I-15 Freeway - APN: 227-141-14 and 66. Related Files: Development Review DRC2002-00307 and Tree Removal Permit DRC2002-00545. Staff has prepared a Negative Declaration of environmental impacts for consideration. Rick Fisher, Contract Planner, presented the staff report and suggested a condition be added to require a variance for all block walls that exceed 8 feet in height and that the variance be obtained prior to issuance of building permits. Commissioner Tolstoy noted there is an existing Pacific Bell cell tower on site that was installed prior to the City's requirement that such towers be camouflaged. He felt the tower is unsightly and should be camouflaged in some manner. He asked if the noise from the cell tower had been taken into account when designing the project. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, #395, Rancho Cucamonga, stated he was representing the applicant. He indicated the townhouse project was in accordance with a suggestion made at the neighborhood meeting. He remarked that Mr. Fisher did an excellent Planning Commission Minutes -5- December 11, 2002 job. He stated it was his understanding that the noise study took into account all of the outside generated noise but said he would go back to clarify that it considered the cell tower. Commissioner Tolstoy indicated the tower appears to be near the back doors of four of the individual units. Mr. Buquet said they are providing access to the cell tower site for maintenance. He suggested that they could address any additional screening necessary because of the cell tower in the plan check process. He concurred with the additional condition regarding the variance. He provided a background on the project and said the project has been zoned for this use for over 20 years. He noted the townhouses would be a "for sale" project. He stated they worked closely with staff to address any valid impacts raised at the neighborhood meetings. He observed the project is along a traffic corridor near a freeway. He felt the project will help buffer the existing homes from freeway noise. He did not feel the parcel is conducive to single-family development. Carla Peitz, 7024 Raintree Place, Rancho Cucamonga, stated she attended the neighborhood meeting. Her biggest concern was that traffic will impede her ability to get in and out of her driveway. She stated she spoke to people along East Avenue. She proposed building at a lower density than the 12 units per acre proposed because there will be other homes in the area. She was concerned with the proximity to the freeway off-ramp and said it was her understanding there may be a cloverleaf design. She expressed concerns about the kids walking to high school. She indicated she was not able to get a report regarding the number of accidents in the area because of a change in the computer system, but said there had been three accidents in the last month. She stated she did not realize the impact of traffic and the freeway noise until she moved into her house. She noted that Etiwanda High School is north on East Avenue and asked that the developer reduce the number of units. She said she had seen a noise study from June 2000 and felt that June would not be a good time for a noise study because it wouldn't include school traffic. She said they would be holding a homeowners' meeting on December 16 and she felt more people would have shown up if they knew the project was being considered. Chairman McNiel noted that a 4-foot x 8-foot sign was posted on the project including information regarding tonight's meeting as well as a mailing to surrounding property owners. Mr. Buquet stated they will be providing for widening East Avenue and they would post"Keep Clear" signs to better facilitate traffic flow. He said that sound wall requirements are in excess of$1 million dollars. Hearing no further testimony, Chairman McNiel closed the public hearing. Jon Gillespie,Traffic Engineer, stated that Base Line Road, East Avenue,and the 1-15 Freeway were all studied and the City looked at ultimate improvement of the interchange. He said the southbound on/off ramp will be signalized. He noted that ultimate improvements call for a loop ramp from westbound Base Line Road to southbound 1-15 freeway. He said there may also be a loop ramp from eastbound Base Line Road to northbound I-15 freeway. He explained it may be 5-6 years in the future following environmental studies and design. Commissioner Tolstoy asked if the opening of the 210 freeway has affected traffic. Mr. Gillespie said that when they studied streets in the area two years ago there was a lot of congestion and it has not been as bad since the freeway opened. Commissioner Tolstoy hoped there will be a study of how the freeway is helping congestion. Mr. Gillespie said the City has a project to time the signals along Base Line Road, Haven Avenue, and Foothill Boulevard with the installation of fiber optic hardwire. Planning Commission Minutes -6- December 11, 2002 Commissioner Mannerino stated he was on the Design Review Committee and substantial changes were made to improve the project. He felt it is a good project within the applicable density range. ' Chairman McNiel felt that, given the townhome concept, it is a good project. He thought it is a good buffer between the freeway and homes to the south. Commissioner Tolstoy agreed. He felt that some congestion that was observed in the past will disappear now that the freeway is in place. Commissioner Mannerino noted that the applicant is conditioned to apply for a variance for the sound wall and he felt that area could be addressed at that time. Motion: Moved by Tolstoy seconded by Mannerino, to issue a Negative Declaration and adopt the resolutions approving Tentative Tract Map SUBTT16335 and Development Review DRC2002-00307 with modification to require a variance for walls over 8 feet high. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried L. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16306- RANCHO ETIWANDA 685, LLC - A residential subdivision of 26 single family lots on 6.85 acres of land in the Low Residential District(2-4 dwelling units per acre) of the Etiwanda North Specific Plan in the Rancho Etiwanda Planned Development, located at the southeast corner of Day Creek Boulevard and Vintage Drive - APN: 225-161-76 and 77. Related File: Variance DRC2002-00592. 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 June of 1991 and Supplemental Environmental Impact Report and Initial Study/Addendum certified by the City of Rancho Cucamonga on October 26, 1999, and August 1, 2001, respectively, and this project does not raise or create new environmental impacts not already considered in that Environmental Impact Report, Supplemental Environmental Impact Report, and Initial Study/Addendum. M. VARIANCE DRC2002-00592 - RANCHO ETIWANDA 685, LLC-A request to allow up to 8.5- foot freestanding and up to 14.5-foot combination retaining/freestanding perimeter wall heights for sound attenuation and grade differential purposes, where a maximum 6-foot wall height is permitted for a residential subdivision of 26 single family lots on 6.85 acres of land in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan in the Rancho Etiwanda Planned Development, located at the southeast corner of Day Creek Boulevard and Vintage Drive -APN: 225-161-76 and 77. Related files: Tentative Tract Map SUBTT16306. Donald Granger, Assistant Planner, presented the staff report and suggested an addition to the variance resolution to clarify that action on the variance is categorically exempt under CEQA. He reported that staff received word from an adjacent property owner that there was an issue with the wall. He indicated staff recommends approval of the project but said the Commission may wish to add a condition requiring the developer to continue to make a good faith effort to address the wall issue. Commissioner Mannerino asked if more discussion would be beneficial or move the parties to a feud. Planning Commission Minutes -7- December 11, 2002 Brad Buller, City Planner, responded that the applicant and neighbor had met immediately prior to tonight's meeting and he was not aware of the result of that discussion. He suggested testimony be taken. Chairman McNiel recessed the Planning Commission from 8:28 p.m. to 8:34 p.m. in order to allow students to exit the meeting. Jerry Gahan, 5109 East La Palma,Anaheim, stated he is the project manager. He reported that they originally proposed commercial on this parcel but were unable to satisfy the City's requirements for commercial. He stated that under the terms of their Development Agreement with the City, they were required to revert to residential. He stated the project site is a difficult site to develop. He noted the neighboring property drains the opposite way. Mr. Gahan said the main problem is an approximate 9-foot grade differential from the adjacent property. He indicated their property is about 9 feet above the adjacent property at its northerly boundary but that differential decreases as it goes south and at about the third lot, their property is below the adjacent property. He reported they had considered various options including placing a 6-foot wall at the top and bottom of the slope,but staff feared that would result in a slope that is not maintained. He said that would also compound the privacy issue. He felt the only alternative would be a lot line adjustment. He indicated they are not opposed to a lot line adjustment but said they would prefer that one not be placed as a condition. He noted that with a lot line adjustment,the slope would be a downhill slope rather than an uphill one for the property owner. He suggested that as the final engineering documents are prepared, it may become apparent that the best solution will be a lot line adjustment, but he felt the only way to currently satisfy staff's concerns is by building the wall. Chairman McNiel asked if the water drains south from Vintage Drive into the cul-de-sac street. Mr. Gahan replied that there is a natural drainage with some going toward the street and the rest going toward the adjacent property. Commissioner Mannerino asked if there have been discussions regarding having the adjacent property owner purchase some of the land. Mr. Gahan responded there had not been such discussions. He said they discussed having the developer put in the slope but they never asked if the adjacent property owner would purchase the land. Julie Rustad,6270 Ascot Place, Rancho Cucamonga, stated her property borders the development. She noted there is a proposed 14.5-foot wall. She felt the plan had not been thought through. She realized the County of San Bernardino had initially approved the project. She thought the cul-de-sac is longer than what would normally be approved. She indicated they looked into developing their property and were told they could only develop at a rate of 3 dwelling units per acre whereas this project has a density of 3.79. She observed that a 6-foot high wall is standard and this project needs a variance to build a wall more than twice that high. She reported they have submitted plans to both the City and County to subdivide their property into 7 lots with a small cul-de-sac coming in from Ascot Place, but she believed her lots would not be desirable with an adjacent 14-foot wall. She noted that another property to the north of hers was granted a 10-foot wall. She said that at the time they bought their property, they assumed other properties around them would be developed at the same grade as their property, but the surrounding properties are much higher than they are. She stated they attended the neighborhood meeting in August and everyone there was opposed to the development. She indicated the developer offered them a 2:1 slope, but there had not been good communications with the developer. She did not favor the current plan and feared that if the matter is left up to the developer to work with surrounding property owners, nothing will happen. She stated the developer on the other side of Ascot Place did not do what was agreed upon. Chairman McNiel asked where the property would drain if the Rustads develop their property. Planning Commission Minutes -8- December 11, 2002 Mrs. Rustad indicated it would drain easterly into the cul-de-sac. Chairman McNiel asked if the submitted project will need fill in order to develop. Dan James, Senior Civil Engineer, replied fill would not be needed at this location. He stated that the submitted project will be 9 feet higher than the northern part of the Rustad lot without fill. Commissioner Tolstoy asked if the Rustads had been able to contact the developer. Mrs. Rusted indicated they had not been able to contact the previous developer. Jacob Batties, 6290 Ascot Place, Rancho Cucamonga, stated he owns the property south of the Rustads and immediately west of the project. He said he was out of town in August and had not been contacted by the developer. Mr. Battles stated he did not know about the grade differential adjacent to his property. He felt only one exit for 26 homes will create a problem. Chairman McNiel asked if Mr. Batties received a letter regarding tonight's hearing. Mr. Batties confirmed that he received a notice regarding tonight's meeting. Mr. Gahan stated the most northern lot has the largest grade differential and when the lots math Mr. Batties' property, there will only be a 6-foot perimeter fence with the project's grade dipping below Mr. Betties' property. He stated he had discussions several years ago with Mr. Batties but he was proposing a commercial project at that time. He said they had anticipated that the Rustads would raise their grade, but a 7-8 foot retaining wall would be needed for the top lot. He indicated they did a preliminary engineering study to see how the Rustads could develop 7 lots. He asked that the ' project be approved and he be allowed to continue to work with the Rustads to see if they could work out a way to put the slope in their ownership to eliminate the need for the retaining wall. He thought that would be a win/win situation. He indicated the grade differential is 8-10 feet at the top down to 3-4 feet on the third lot. He said they have a builder in escrow. Chairman McNiel asked if the builder had been advised of the possibility that of a lot line adjustment. Mr. Gahan stated the builder had been advised but he had not concurred. He said they do not want to build the wall so would work to eliminate the need for the wall. Chairman McNiel asked if the project will be doing any cutting. Mr. Gahan stated they will only be doing cutting to cause the lots to drain into the cul-de-sac street and they will then divert the drainage out to Day Creek Boulevard via an underground storm drain. He noted that when the Rustads develop their property, a similar grading issue will exist between them and Mr. Betties at the southwest corner of their lot. Andre Rustad, 6270 Ascot Place, Rancho Cucamonga, stated that he had planned to develop on a 2:1 slope and deed land to Mr. Batties. He requested that the developer do the same. Hearing no further testimony, Chairman McNiel closed the public hearing. Chairman McNiel noted there had been a suggestion that the developer have a 2:1 slope with a negotiated property swap and lot line adjustment. He asked if the applicant and adjacent property owner are close to agreement. Mr. Buller stated he did not hear that they were close to agreement. He indicated staff believes a 2:1 slope could be done with a lot line adjustment and the project could still meet all other lot requirements. He noted there was an option of leaving the property line where it is. He said the Planning Commission Minutes -9- December 11, 2002 Rustads at one point indicated they wanted a 3:1 slope,which would have meant the project would have to give up 27 feet. He indicated staff was ready to accept the applicant's proposal to construct a tall wall if they cannot negotiate a settlement with the Rustads. He suggested the Commission ' could approve the project with final details to be worked out with City Planner's approval. He stated any decision he makes could be appealed back to the Planning Commission. Chairman McNiel was concerned the City would give up any leverage by approving the application. Commissioner Mannerino observed the project calls for 3.8 dwelling units per acre. He asked if it would help to reconfigure the project to delete a lot or two at the north end. Mr. Buller did not believe deleting a lot would accomplish anything, as the slope would still be there. He noted the proposed lots are larger than others in the area. He observed that the City's position is that the lots should drain to the street. Commissioner Mannerino felt that a condition requiring the parties to continue to talk would be unenforceable. He said the Commission could either make a decision that would make one of the parties unhappy or it could continue the matter. He favored a continuance. Chairman McNiel agreed. Mr. Buller agreed that the only enforceability would be if he were to deny a building permit. He felt it would put power in the hands of the adjacent property owner. Commissioner Tolstoy concurred with a continuance. Chairman McNiel felt a continuance would crate an opportunity to resolve the problem. He believed resolution could be achieved by the next meeting. Motion: Moved by Mannerino, seconded by Tolstoy,to continue Tentative Tract Map SUBTT16306 and Variance DRC2002-00592 to January 8, 2003. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried N. ENVIRONMENTAL ASSESSMENT AND TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT14759 - LENNAR HOMES - A request for an extension of a previously approved residential subdivision of 358 single-family homes and 3 lettered lots for common open space/parks totaling 18.3 acres on 132 acres of land in the Low Residential District(2-4 dwelling units per acre), located on the east and west sides of Wardman Bullock Road, south of Wilson Avenue-APN: 226-102-17. Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration adopted by the Planning Commission on November 10, 1999, and this project does not raise or create new environmental impacts not already considered in the previous Negative Declaration. Kirt Coury, Associate Planner, presented the staff report. Chairman McNiel asked about the delay. Dan James, Senior Civil Engineer, replied that the developer is conditioned to improve Banyan Avenue to its ultimate condition. He noted that the Flood Control District has a project in process on an adjacent parcel with a 2007 anticipated completion date; however they are having difficulties with Planning Commission Minutes -10- December 11, 2002 securing permits from Fish and Game. He indicated the Flood Control District project has interfered with the developer's ability to complete the project. Greg Dooley, Project Manager Lennar Homes, 391 North Main Street, Suite 301, Corona,requested approval of the continuance. Jim Rogers, 6028 Stephens Place, Rancho Cucamonga, stated he backs up against the proposed park at the southeast end. He asked if there will be outside lights for soccer and baseball fields. Mr. Dooley replied that it is a passive park that abuts Mr. Rogers property so there would probably not be any field lights. Mr. Rogers asked if there will be enough parking for the park so that nearby streets are not flooded. Mr. Dooley responded there should be ample parking. Joe Rhyme,6025 Stephens Place, Rancho Cucamonga, stated that Stephens Place is a cul-de-sac with about 7 homes. He said that the developer started the excavation process about a year ago and then left. Chairman McNiel stated the Commission was considering a time extension for an existing tract map. He suggested Mr. Rhyme contact the developer. Brad Buller, City Planner, stated that no houses have been submitted as yet. He indicated the surrounding residents will be contacted when the developer submits plans. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Mannerino, seconded by Tolstoy, to adopt the resolution approving Time Extension for Tentative Tract Map SUBTT14759. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried O. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002- 00875-CITY OF RANCHO CUCAMONGA-A request to add Mixed Use Public Storage as a conditionally permitted use within the Regional Related Commercial District, Subarea 4, of Development Code Chapter 17.32 (Foothill Boulevard Districts). Staff has prepared a Negative Declaration of environmental impacts for consideration. Alan Warren, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. Louis Miramontes, Muirfield Properties, 3636 Birch Street, Newport Beach, requested that the verbiage be changed to indicate that THE public storage use could not occupy more than 50 percent of the ground floor of the building rather than 50 percent of the building because he felt they may have a second floor in the rear of the building. Hearing no further testimony, Chairman McNiel closed the public hearing. Mr. Buller stated that staff would support the change suggested by Mr. Miramontes. Planning Commission Minutes -11- December 11, 2002 Commissioner Mannerino felt it would be a good use. Commissioner Tolstoy believed it is a good solution for using a large, vacant building. He thought the criteria are specific enough because of the minimum square footage and percentage and depth requirements. Motion: Moved by Tolstoy, seconded by Mannerino, to recommend issuance of a Negative Declaration and to adopt the resolution recommending approval of Development Code Amendment DRC2002-00875 with modification to limit the amount of public storage to not more than 50 percent of the ground floor of the building. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried P. CONDITIONAL USE PERMIT DRCCUP98-08- BASELINE BARGAIN CENTER-A review of compliance with conditions of approval for the operation of a retail establishment in the General Commercial District, located at 9456 Roberds Street - APN: 202092-08. Related file: Minor Development Review DRC2001-00088. Emily Wimer, Assistant Planner, presented the staff report. Sam lftakhar, Baseline Bargain Center, 8811 Lurline Street, Rancho Cucamonga, stated he went ahead and did the work because he had submitted his plans and paid his fees. He acknowledged that he had not received approval of the plans. Chairman McNiel stated that the plans were incomplete. Mr. Iftakhar replied he had informed his architect and he is taking care of it. He said he put a brown stucco coat on the building because his building had a lot of cracks and water damage and he applied the brown coat to stop the damage. Chairman McNiel asked what Mr. Iftakhar expected the Commission to do. He noted that the Commission allowed him to remain open without approvals anticipating that the new parking lot would be installed and other conditions would be met. He said the City asks everyone who comes through the process to be in compliance with conditions for reasons of public safety and aesthetic issues before allowing them to proceed. He noted that earlier in the evening the Commission continued an item because the Commission was not satisfied it was ready to be approved. He said he was sorely disappointed with the lack of compliance. Mr. Iftakhar said he is a small business owner with financial restraints. He indicated they are trying secure a loan in order to purchase property to the north for parking and the bank and will not approve the loan until his building is improved. He asked that they be permitted to finish the stucco work so they can get the loan and proceed. He said he had told staff that if he gets the loan, he would be willing to give money to the City so the City can build the parking lot. Dale Sumner, Community Commerce Bank, Claremont, stated there is a loan in process for the lftakhars to purchase the building at 9426 Roberds Street. He said the loan application was made in July and they are in the process of final approval. He indicated they will not be able to approve the loan if there is not a valid conditional use permit and the building must be in good condition before they will approve the loan. He said the appraiser noted there was leakage in the building,which has now been corrected by the application of the stucco. He said he did not realize they needed permits. Planning Commission Minutes -12- December 11, 2002 Hearing no further testimony, Chairman McNiel closed the public hearing. He stated the Iftakhars have a viable business that is doing well and is well liked by the community. He felt the applicant needs to comply with conditions. Commissioner Mannerino recommended following staffs recommendation to set a six-month review and revocation date for the applicant to conform to requirements. He said permitting the business to continue without meeting conditions makes it difficult to justify the need for compliance to other applicants. Motion: Moved by Mannerino, seconded by McNiel, to direct staff to set a 6-month review and revocation date. Motion carried by the following vote: AYES: MANNERINO, MCNIEL NOES: TOLSTOY ABSENT: MACIAS, STEWART -carried Brad Buller, City Planner, stated he approved the retail component subject to the expansion of the parking lot. He said the new property has never been brought before the City Planner. He stated that if Mr. Iftakhar now wants to move the 42 spaces from the approved lot to the new lot, he must submit an application and obtain approvals. He noted that staff anticipates that the Minor Development Review for exterior changes should be completely through the process and approved during the six month review period the Commission had just approved. He noted that other changes were made in addition to the application of stucco, including door and window cuts made in the building. He stated there are also street improvement plans are also necessary in addition to the parking lot. Commissioner Tolstoy stated he voted against the motion because he felt the problem has gone on too long. He said the Iftakhars previously said they would submit plans. He noted that the parking lot is used for storage unit even though they have been told that is not permitted. He felt the Iftakhars have broken too many promises. Mr. Buller noted the matter would retum to the Commission in six months. NEW BUSINESS Q. DEVELOPMENT REVIEW DRC2002-00721 -CENTRAL PARK PHASE 1 —CITY OF RANCHO CUCAMONGA—The review of site plan and building elevations for Phase 1 of Central Park, consisting of an approximately 50,000 square foot Senior/Community Center and 10-20 acres of park and open space, located on the west side of Milliken Avenue between Base Line Road and the Southern Pacific Rail Road right-of-way-APN: 1076-591-01 through 11. Brad Buller, City Planner, presented the staff report. He noted that a suggested resolution of approval was in front of the Commissioners for approval. Chairman McNiel invited public comments, but there were none. Commissioner Mannerino stated that he and Commissioner Stewart served on the Design Review Committee reviewing this project. He felt the architecture blends well. He believed the building will be as nice in scale as the Civic Center. Mr. Buller thought Community Services Director Kevin McArdle put together a great team. He also said thanks was due to Senator Brulte for making funds available. Planning Commission Minutes -13- December 11, 2002 Motion: Moved by Tolstoy, seconded by Mannerino,to adopt the resolution approving Development Review DRC2002-00721. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried DIRECTOR'S REPORTS R. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT - CITY OF RANCHO CUCAMONGA—A request to add private school as a conditionally permitted use in the Foothill Boulevard Districts. Nancy Fong, Senior Planner, presented the staff report. Chairman McNiel invited public comment; there was none. He asked why it was necessary for this type of facility to be on Foothill Boulevard. Brad Buller, City Planner, responded that it is not necessary, but staff feels there is more than sufficient commercial land available. He believed it will be difficult to find retail businesses to fill all the space available. He thought such facilities should be along major streets. Commissioner Tolstoy agreed and noted the proximity of bus service. Mr. Buller stated the facilities are specialty schools that tutor students. Commissioner Mannerino felt it is an appropriate use. Motion: Moved by Mannerino, seconded by Tolstoy, to direct staff to initiate a Development Code Amendment. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried S. A REVIEW OF ROUTE 66 ELEMENTS ON THE EXTERIOR BRIDGE SURFACE FOR THE PACIFIC ELECTRIC TRAIL Nancy Fong, Senior Planner, presented the staff report. Chairman McNiel invited public comments, but there were none. Commissioner Tolstoy liked it. Chairman McNiel felt it will be nice. Motion: Moved by Tolstoy, seconded by Mannerino, to recommend approval of the Route 66 elements on the exterior bridge surface. Motion carried by the following vote: AYES: MANNERINO, MCNIEL, TOLSTOY NOES: NONE ABSENT: MACIAS, STEWART - carried Planning Commission Minutes -14- December 11, 2002 PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS There was no Commission Business. ADJOURNMENT The Planning Commission adjourned at 9:59 p.m. to a workshop. The workshop adjourned at 10:50 p.m. and those minutes appear separately. Respectfully submitted, B Iler V Secretary Planning Commission Minutes -15- December 11, 2002