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HomeMy WebLinkAbout2002/10/23 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting October 23, 2002 Chairman McNiel 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 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: Rich Macias, Larry McNiel, Pam Stewart, Peter Tolstoy ABSENT: John Mannerino STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Douglas Fenn, Associate Planner, Donald Granger, Assistant Planner, Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner, Debra Meier, Contract Planner; Gail Sanchez, Planning Commission Secretary ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Macias, carried 4-0-1 (Mannerino absent),to approve the minutes of the Adjoumed Meeting of September 23, 2002. Motion: Moved by Macias, seconded by Tolstoy, carried 3-0-1-1 (Mannerino absent, Stewart abstain), to approve the minutes of September 25, 2002. Motion: Moved by Macias, seconded by Tolstoy, carried 3-0-1-1 (Mannerino absent, Stewart abstain), to approve the minutes of the Adjourned Meeting of September 25, 2002. Motion: Moved by Macias, seconded by Stewart, carried 4-0-1 (Mannerino absent), to approve the minutes of October 9, 2002. Motion: Moved by Stewart, seconded by Macias, carried 4-0-1 (Mannerino absent),to approve the minutes of the Adjourned Meeting of October 9, 2002. CONSENT CALENDAR A. DEVELOPMENT REVIEW DRC2002-00501- HOGLE-IRELAND-A request to construct a 7,033 square foot Carrows Restaurant on 1.42 acres of land in the Industrial Park District(Subarea 7), located on the south side of Foothill Boulevard, approximately 550 feet east of Mayten Avenue- APN: 229-011-75. Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the Planning Commission on April 28, 1999, and June 28, 2000, respectively, and a Negative Declaration adopted by the Planning Commission on February 13, 2002. This project does not raise or create new environmental impacts not already considered in the previous Negative Declarations. Related Files: Development Review 99-11, Development Review Modification DRDRC99-11MOD and Tentative Parcel Map SUBTPM15630. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00772 - PREMIER HOMES - The design review of building elevations and detailed site plan for a previously approved and recorded Tentative Tract Map 10246 consisting of 15 lots on 7.5 acres of land in the Very Low Residential District (.1-2 dwelling units per acre), located at the southwest corner of Haven Avenue and Hillside Road - APN: 1074-291-16 thru 30. Related files: Tract 10246. Motion: Moved by Tolstoy, seconded by Macias, to adopt the Consent Calendar. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried PUBLIC HEARINGS C. 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. Brad Buller, City Planner, announced that staff had received a letter from the applicant agreeing to continue the item to November 13, 2002. Chairman McNiel opened the public hearing. There were no comments. Motion: Moved by Tolstoy, seconded by Macias, to continue Tentative Tract Map SUBTT16274 to November 13, 2002. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried D. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533-KB HOME OF GREATER LOS ANGELES AND LEWIS OPERATING CORP. -A proposed amendment to the Terra Vista Community Plan to realign the Trail Type D between Malaga Drive and West Greenway Corridor, to a Trail Type E along Terra Vista Parkway and Church Street and to change the land use designation from Elementary School (E) to Low- Medium Density(LM) Residential(4-8 dwelling units per acre)for a 9.05-acre parcel,located on the south side of Terra Vista Parkway east of Coyote Canyon Park. Related Files: Tentative Tract Map SUBTT16157 and Tentative Tract Map SUBTT15724. Debra Meier, Contract Planner, presented the staff report and indicated that nearby residents had submitted a letter opposing the re-designation of the 9-acre parcel from Elementary School to Low- Planning Commission Minutes -2- October 23, 2002 Medium Residential. She indicated she was working to provide some line-of-sight exhibits to the residents regarding the Development Review. Commissioner Macias excused himself because he lives about 600 feet from the site. Chairman McNiel opened the public hearing. Jai)/Cockroft, KB HOME of Greater Los Angeles, 801 Corporate Center Drive, Suite 201, Pomona, stated he was available to answer any questions. Chairman McNiel asked if they were proposing all two-story homes. Mr. Cockroft responded affirmatively. He said they are proposing the same product as what is currently being built on the east side of Milliken Avenue. Sherry Meyer, 11092 Cloverdale Court, Rancho Cucamonga, stated she bought her home 14 years ago and was assured they were buying in a planned community. She said she constructed a deck on the back of her house for the view because the property across the street was to be school property. She was upset that a two-story home would be built across from her property. She also felt the main access to the tract should not be opposite Fairhaven Place as Mountain View Drive is curved. She said that tuming left onto Mountain View Drive from Fairhaven Place requires pulling out into the eastbound traffic lane in order to see around the comer. She asked that one-story houses be built and the entry be moved down by the apartments. She thought there will be many accidents because of the curved streets. Randy Milton, 7508 Marmande Place, Rancho Cucamonga, stated that he moved into the area when it was more rural. He observed that lately many apartments and town homes have been built in the ' area. He thought this development would not be single-family homes, but instead will have a Homeowners'Association. He expressed concern about congestion. Mr. Milton stated that recent apartment projects do not have greenbelts like the ones on Terra Vista Parkway. He said that many traffic signals had to be put on Milliken Avenue because of the increased traffic. He thought the City was allowing a lot of houses in order to collect tax revenue. He said the parking around schools is extremely congested and development will add to the problem. Sharon Landa, 11134 St. Tropez Drive, Rancho Cucamonga, noted the parcel is only 9 acres. She said her area has approximately 4 houses per acre and her sister lives up north with 1 home on 5 acres. She thought this project is Medium Density with 8-14 dwelling units per acre. She did not want such a high-density development crammed in next to the park and near an elementary school. She said there is also a middle school within a block and a half; and with the schools and the park activities, including soccer; the area is a very crowded neighborhood. She felt the development will bring too much traffic to the area. She was concerned about views and privacy. Ms. Landa indicated she spoke to a realtor who said there is a demand in the area for larger homes on larger lots and single story residences. She felt the area is out of balance with apartments, town homes, condos, and small houses. She feared crime will increase because of overcrowding. Commissioner Stewart indicated the 9 acres is proposed at Low-Medium Residential,which is 8-14 dwelling units per acre. Ms. Meier responded that the actual project density is 8.6 dwelling units per acre. She said the General Plan designation and Terra Vista Plan designation are both Low-Medium; however, the developer plans to use the flexibility provision of the Terra Vista Community Plan to increase the density to 8.6 with the approval of the Planning Commission and City Council. Karen Grace, 7633 Dickens Court, Rancho Cucamonga, expressed concerns about where the students moving into all of the new homes in the area will be attending school and noted that Planning Commission Minutes -3- October 23, 2002 hundreds of new homes have opened up within the last five months. She asked how far the children will have to walk if the land that was designated as a neighborhood school is taken away. She asked why a small community school should be deleted in favor of more private dwellings. She feared for the safety of the children and did not want the children going to a huge elementary school. Ron Haynes, 11146 St. Tropez Drive, Rancho Cucamonga, stated his son was hit by a car on Terra Vista about a block away from the proposed project. He expressed concem that the development will generate heavy traffic. He said he understood that the City wants to expand its tax base by adding homes, but he was concemed about the increased traffic. He preferred that the land be added to the existing park or developed as single-family residential homes. Sukhi Amberg, 7500 Marmande Place, Rancho Cucamonga, stated she was pleased the lot will be developed because she has contacted KB HOME to remove the graffiti and garbage over the last several months; however, she did not like the proposed plan. She preferred that the park be expanded so she could continue to enjoy her view and the peaceful neighborhood. Hearing no further testimony, Chairman McNiel closed the public hearing. Brad Buller, City Planner, explained that the School District originally had an option on the 9.0-acre site but the School District amended the Terra Vista Community Plan to relocate the school site further south in Terra Vista to expand the Coyote Canyon School. He said some land that had been zoned Medium Residential was rezoned for the School site. He indicated the proposal before the Commission was to now designate the 9-acre site to the same density as the property to the east, south, and northwest and lower than the zoning to the west, southwest, and northwest. He explained the streets were designed to be capable of handling the traffic but the City recognizes that every time property is developed, whether it be for residential, a school, or a park, there is bound to be increased traffic. He said staff could monitor to see if signals are required in the future. He indicated staff felt the request is reasonable because it is consistent with the neighborhood. Chairman McNiel noted that one of the residents had asked that the entrance to the new development be moved to an alternative area. He asked if that location had been considered. Ms. Meier did not believe it had been considered. She said the resident was correct that the entrance lines up with the street to the south,which is typically done. She did not know if it would be feasible to move the street to the west adjacent to the existing apartments. Chairman McNiel asked that possible relocation be considered prior to the project's coming before the Planning Commission. With respect to the schools and the school site, he said the schools bank land in anticipation of population growth and they sometimes change their mind as to where they wish to place a school. He observed that school construction is a function of the state and the City is only given a courtesy review of plans. He noted that new schools are built only when existing schools have no more capacity. He stated staff would look at traffic and see if any adjustments could reasonably be made. With respect to views, Chairman McNiel stated that the City cannot control what the people who sell houses say in order to sell the house. He noted the City forces the developers to make disclosures about freeway location, rock crushers, etc. He doubted that there would be any guarantees with respect to views in the paperwork residents signed when purchasing their homes. He observed that the City or developer would not know if the school planned to use property. He said the School District traded out the property for another site. Chairman McNiel stated that when the Terra Vista Community Plan was originally approved, it permitted a specific maximum number of dwelling units that could be built and when Terra Vista is totally built out, there will be fewer units than permitted. Mr. Buller noted a comment had been made that recent apartment projects do not have the same amount of open space as previous projects. He said the open space standards have not been changed since the beginning and the new projects have as much as, if not more, open space than Planning Commission Minutes -4- October 23, 2002 previous projects. He noted there seemed to be a lot of issues raised tonight with respect to the design of the project; however, only the land use questions was before the Commission tonight. Commissioner Stewart asked if the developer had held a neighborhood meeting. Mr. Cockroft said there would be a neighborhood meeting prior to the project's coming before the Planning Commission. Commissioner Stewart urged that a neighborhood meeting be held prior to the Planning Commission meeting. She sated the Commission hears a lot of complaints about loss of views, but views are not guaranteed when someone purchases a home. She felt the land use is a good fit in the neighborhood. She observed that the surrounding land designations have been there since inception of the Terra Vista Community Plan. She noted that one gentleman asked how much more development would occur in the area and she noted this is the last parcel of land which can be developed in that quadrant of land. Commissioner Tolstoy asked that Engineering comment on the traffic issues in the area. Dan James, Senior Civil Engineer, noted that concems were raised about where Fairhaven Place intersects Mountain View Drive. He indicated that Fairhaven Place intersects Mountain View Drive going southerly on the inside of a curve, causing possible site distance concems for the existing residents with the existing parkways on the south side of Mountain View Drive. He stated the new development on the north side will have greater visibility and site distance. He said staff will look at the impacts from an intersection there. He commented that a 9-acre school site would generate a lot of trips each day with parents dropping off and picking up children and might generate even more trips per day than a 78-unit subdivision. ' Chairman McNiel observed that several residents had questioned if the residential development was an effort to increase the City's tax base. He stated that homes do not support the City and that the taxes collected go to other entities, not the City. Mr. Buller stated the applicant will be hosting a neighborhood meeting to go over design issues. He suggested that anyone in the audience who wished to be invited to that meeting, could list their name and address on a sheet and a copy of that sheet would be provided to the developer so they could be notified of the meeting and would have an opportunity to voice their concems prior to the project's coming back before the Planning Commission. Commissioner Tolstoy indicated he would support the project because the applicant would be holding a neighborhood meeting and he felt that the developer would attempt to make adjustments to address the concems raised by the residents. Motion: Moved by Stewart, seconded by Tolstoy, to adopt the resolution recommending approval of Terra Vista Community Plan Amendment DRC2002-00533. Motion carried by the following vote: AYES: MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO ABSTAIN: MACIAS - carried Mr. Buller invited residents to come to the Planning Division to view the files. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16157 - LEWIS APARTMENT COMMUNITIES-A proposed subdivision of 10 lots on 60.17 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High Planning Commission Minutes -5- October 23, 2002 (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located at the northwest corner of Church Street and Terra Vista Parkway-APN: 227-151-30. Related files: Development Review DRC2001-00791 and Terra Vista Community Plan Amendment DRC2002-00533. F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791 -LEWIS APARTMENT COMMUNITIES-The Design Review of 677 dwelling units on 39.6 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan on Lots 1-9 of Tentative Tract 16157, located at the northwest corner of Church Street and Terra Vista Parkway-APN: 227-151-30. Chairman McNiel observed that the applicant requested the items be continued to November 13, 2002. He opened the public hearing. Shaunna Lee, 7529 Hardy Avenue, Rancho Cucamonga, presented a petition with 82 signatures opposed to apartments proposed for the northwest corner of Church Street and Terra Vista Parkway. She said she spoke with a representative from the Rancho Cucamonga Police Department, who indicated the crime in apartments in Rancho Cucamonga is the same as that of houses on a unit-for- unit basis. She said there are approximately 96 homes on the corner of Mountain View Drive and Terra Vista Parkway and there could be approximately 100 homes built on the tract or 677 apartments, as proposed. She felt that meant the crime would be 600 percent higher if apartments are built. She stated she spoke to a real estate person who indicated property values may decrease if the apartment manager is not a good one. She was concemed that the surrounding homeowners will have no say over the apartment manager, while she felt the apartment manager would have an influence over her property value. She believed there is a big difference in the commitment of a property owner as opposed to someone who is renting and not planning to live in a place very long. She stated concerned parents told her the schools in the area are already crowded and saw no plans to build a new school to take the additional students from the apartments. She expressed concerns about the additional traffic. Ms. Lee acknowledged that the City has certain obligations to build affordable housing but commented that there are many apartments already under construction. She requested that single-family homes be built on the 60.7 acres. She said a telephone call sampling of Independence residents resulted in 100 percent being opposed to apartments at that location. Karen Grace, address unknown, indicated she could return on November 13. Motion: Moved by Stewart, seconded by Macias,to continue Tentative Tract Map SUBTT16157 and Development Review DRC2001-00791 to November 13, 2002. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM15923 - FOUNTAIN GLEN PROPERTIES-A proposed subdivision of 2 lots on 18.54 acres in the Mixed Use District (MHO - Office, Hospital and related uses) of the Terra Vista Community Plan, located at the southwest comer of Church Street and Mayten Avenue - APN: 227-151-70. Related Files: Development Review DRC2001-00633 and Development Review DRC2002-00643. H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC2002-00633- FOUNTAIN GLEN PROPERTIES-The review of detailed site plan and building elevations fora proposal to develop 216 market-rate apartments for seniors on 7.18 acres in the High Residential component(24-30 dwelling units per acre)of the MHO District(Office, Hospital and Planning Commission Minutes -6- October 23, 2002 related facilities)of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue. APN 227-151-70. Related Files: Development Agreement DRC2002-00643 and Tentative Parcel Map SUBTPM15923. I. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002-00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre)of the Mixed Use MHO District(Office, Hospital and related facilities)of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN 227-151-70. Related Files: Tentative Parcel Map SUBTPM15923 and Development/Design Review DRC2002.00633 Debra Meier, Contract Planner, presented the staff report and suggested several modifications to the resolutions to clarify that the reciprocal agreement be for joint use of all drive aisles for emergency access rather than a reciprocal parking agreement and that the parking ratio for the project will be at 1.15 spaces per dwelling unit. Commissioner Stewart asked if there are any other senior market-rate apartments in the City at the proposed parking ratio. Debra Meier responded negatively. She indicated the only other senior apartment projects were developed under the Senior Housing Overlay District, which means that a certain percentage are affordably priced. She pointed out this project is not within that district and is not providing affordable units. Commissioner Stewart noted that the Development Agreement is for a term of 5 years. Ms. Meier responded the Development Agreement is merely to allow the project to be developed. She said that once the project is constructed there is a restrictive covenant that is recorded with the land and runs for the life of the project so that the project can only be used for senior residents as defined within the Development Agreement. Commissioner Tolstoy asked how many covered spaces are lacking. Ms. Meier replied that the Development Code specifies 1 covered space for each unit, half of which would be in garages, for a typical apartment complex. She reported this project has 90 covered spaces with 50 garages for 216 units. Commissioner Stewart asked if the parking study was based on uncovered spaces. Ms. Meier believed it was. Commissioner Stewart thought the garages would be assigned. She asked if that would affect the parking study. Ms. Meier replied that the parking study was not reanalyzed based on assigned spaces versus unassigned. Commissioner Stewart thought it may then be a flawed study. Brad Buller, City Planner, stated that even open spaces are typically assigned in most apartment projects. Chairman McNiel opened the public hearing and asked why the applicant was not able to achieve the covered parking requirement. Planning Commission Minutes -7- October 23, 2002 Henry Wang, FountainGlen Properties,4220 Von Karman Avenue,2nd Floor, Newport Beach,stated they develop, construct, own, and operate senior apartment projects. He said they own 2,500 units and have another 600 under construction. He indicated they have never sold any of their projects. He reported that their projects have over 75 percent female residents with the average resident being a 70-year old widow. He noted the Commission had raised concems about the covered parking and said they originally did not have any garages but have added 50 garages,which lowered the parking ratio from 1.2 to 1.15 because they lost some spaces. He stated that if more garages are required, they will lose more of their parking spaces. He observed the Commission had previously raised concerns about the site planning. He said the buildings are attached so that residents can get from their units to the public area without going outside; therefore, they have site constraint issues. He said they placed the garages in the back of the project so that the visual from the street is the buildings. He did not want to have to add more garages because he said they would have to be added at the front and the residents would have to look at the back of a wall. He feared that to add more parking would require the loss of a lot of landscaping and active outdoor areas. He said they have an active courtyard and a passive courtyard. He stated that staff had pushed them to the limit to improve the design. He said they were happy with the design as it is at present and thanked staff for its work. He indicated the architect was available if the Commission had any questions. Chairman McNiel asked where the carports are located. Mr.Wang responded they are along Church Street. He said they originally had them along the drive aisle to the west, but there was not enough room there because of the required setbacks. He stated there is a setback from curb to structure of 15 feet and they only have 10 feet there. He commented they own half the drive aisle, but the setback is from curb to structure, rather than property line to structure. He indicated they located them along the building where possible in an effort to put in as many carports as possible. Chairman McNiel felt that the residents would want a covered structure to get in and out of their car when they are going grocery shopping. He felt there are places for covered structures to be added, even if they aren't garages. He said he had recently visited some senior complexes and he saw a lot of interior covered parking. Commissioner Tolstoy asked if they will be providing a bus to take residents to the grocery store. He did not know of any grocery store near the project and he felt it would be good to have transportation. He thought most of the other senior complexes in the City are near centers with grocery stores, cleaners, etc. Mr. Wang indicated the nearest grocery store is approximately'/mile away on Milliken Avenue. He said when they originally started their projects, they did not provide any transportation and the residents worked together to go shopping, but they have recently noticed there is some need for a bus. He pointed out that there is bus parking near the entrance. He said they own a van and have a driver on staff so they would be able to provide that service in the future if needed. Commissioner Macias asked if the van serves several sites. Mr. Wang replied that was correct. Chairman McNiel noted that is not uncommon. Mr. Wang noted they are adjacent to a medical center and they anticipate a retail center will eventually be built next door. Commissioner Stewart observed that the Development Agreement indicates the project is for people at least 55 years old and they may have a health care worker. She said it refers to several Civil Planning Commission Minutes -8- October 23, 2002 Codes and says that people meeting those codes can also live there. She noted that many people have blended families. Mr. Wang responded that typically their projects require that the leaseholder be at least 55 and others can be younger but no one under 18. He said it is usually not a problem. Kevin Ennis indicated there are two categories, one being certified health care assistant and another is someone who lives in the unit and is required to assist the resident. He said it can also be a handicapped child living with an elderly person. Mr.Wang felt they could add carports in some spaces and he asked that they be allowed to work out the details with staff. He said there are entrances to the building located strategically so it is not a long walk to the parking area. Hearing no further testimony, Chairman McNiel dosed the public hearing. He found it difficult to accept uncovered parking spaces for people who may have difficulty getting in and out of their vehicles handling groceries or medial apparatus. He felt it would be possible to get a lot closer to the required number of covered spaces and did not want any parking spaces to be lost. Mr. Buller requested that the Commission may wish to give direction to staff as to whether the development should meet the Code with respect to total number of covered spaces and garages or just covered spaces. He observed that another senior project was on the agenda that meets the requirements for covered parking and garages. Chairman McNiel suggested the number of units could be reduced. Commissioner Tolstoy felt the project is overbuilt. He wanted the project to meet the Code for both garages and carports without sacrificing any of the landscaped area. He said the applicant knew the requirements when designing the project and it was designed with a deficiency of parking spaces. He felt it is very important for older people to have garages and carports. Commissioner Stewart agreed. She appreciated the information that was provided, but she felt they should meet the Code. She noted the development is 51 percent one-bedroom and 49 percent two-bedroom. She noted that the parking studies were for complexes with over 70 percent one-bedroom units so she did not think it was a fair comparison. She said she was concerned about the 1.15 ratio. She also definitely felt they should meet the Code with respect to covered parking and garages. Commissioner Tolstoy also was concemed with the 1.15. Commissioner Macias said he did not initially have a problem with the 1.15 parking ratio, but he agreed with Commissioner Stewart that the ratio of one- to two-bedroom units was higher on this project. He also felt covered parking should meet Code. Commissioner McNiel felt the 1.15 ratio should be sufficient. However, he felt the covered parking definitely needs to be increased. He was not concemed about the ratio of one-to two-bedroom units because he felt the two-bedroom units are often taken by single people. Mr. Buller stated that staff is comfortable with the 1.15 ratio because staff believes that many single residents prefer a two-bedroom unit. He said that other senior projects are at a ratio of .7 up to 1 space per unit and parking problems have not been experienced. Commissioners Tolstoy and Stewart were willing to accept the 1.15 ratio but they definitely felt it should meet Code with respect to the number of covered spaces and garages. Planning Commission Minutes -9- October 23, 2002 Commissioner Macias concurred. Mr. Buller suggested adding a condition that the project be modified to meet the number of covered spaces per the Development Code, subject to City Planner approval. Commissioner Stewart said she did not want to see a loss of landscaping or open space. Motion: Moved by Stewart, seconded by Macias, to issue a Negative Declaration and adopt the resolutions approving Tentative Parcel Map SUBTPM15923 and Development Review DRC2002-00633 with a modification to require that the project be modified to meet the number of covered spaces per the Development Code, subject to City Planner approval, and recommending approval of Development Agreement DRC2002-00643. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried The Planning Commission recessed from 8:33 p.m. to 8:39 p.m. J. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17—RFA, INC. (CHEVRON)-A request to construct a 2,945 square foot service station with convenience market, drive-thru carwash, and pump island on 1 acre of land in the Community Commercial District (Subarea 2) of the Foothill Boulevard Districts, located on the south side of Foothill Boulevard, west of Vineyard Avenue-APN: 207-211-12 and 13. (Continued from October23, 2002) Brent Le Count, Associate Planner, presented the staff report and indicated he had received a telephone call from the individual who owns the service station at the southwest comer of Hermosa Avenue and Arrow Route, who raised the same concerns as had been raised at the October 23 meeting; that another gas station so dose adds too much competition and that the environmental analysis that was performed was inadequate. Commissioner Tolstoy asked what the current plans are for the rest of the property. Mr. Le Count stated that there is an approved Conditional Use Permit, which includes the master plan for the shopping center. He said there is currently an application to modify some of the key design features including replacing the proposed restaurant pad with an auto service type use. He said the big box building is essentially gone. Dan Coleman, Principal Planner, stated there is an application in process to build apartments on that portion of the site. Chairman McNiel indicated the public hearing remained open. Mike Lucey, property specialist for Chevron, 2940 Inland Empire Boulevard, Ontario, thanked Mr. Le Count for his help during the two-year processing. He said Mr. Le Count has been open for discussion while maintaining the position of the City. He noted there have been four Design Review Committee meetings. He indicated he told staff previously that they would be willing to install an automatic sliding door in lieu of the requested double door foyer, however, management then told him that they do not use sliding doors in this building. He stated they have a station at Base Line Road and Camelian Street in Rancho Cucamonga, and another at Base Line Road and Cherry Avenue in Fontana that face north and have pull-open doors. He said they also have stations in Planning Commission Minutes -10- October 23, 2002 north Palm Springs and Cabazon,which are in wind tunnels and have pull-open doors. He said they have not experienced any problems with the pull-open doors and they stopped using sliding doors because they had significant maintenance problems with them. With respect to the hours of operation for the carwash, he believed the carwash is probably 150 to 160 feet from the nearest residential buildings. He said the sound study indicated the noise level would not exceed City limits and observed their blowers do not face the residences. He asked that they be permitted to have the carwash open from 6:00 a.m.to 11:00 p.m., instead of the 7:00 a.m.to 10:00 p.m. times called for in the resolution. He said that many customers want to wash their cars on their way to work in the morning and many leave for work before 7:00 a.m. He stated their site at Foothill Boulevard and the 1-15 Freeway is open 24 hours a day and has customers at all hours. Chairman McNiel asked what decibel level would be generated. Mr. Lucey responded it the study showed 51.8 dBA at 100 feet and the regulations call for not over 60 dBA. Commissioner Stewart asked if Mr. Lucey would be opposed to having hours of 6:00 a.m. to 10;00 p.m. Monday through Friday and 7:00 a.m. to 10:00 p.m. on weekends. Mr. Lucey said he wouldn't be opposed but it would be difficult to make sure his staff would abide by it. Chairman McNiel felt that would be an enforcement nightmare. Paul Gough, Straw&Gough Law Offices, 12304 Santa Monica Boulevard, Suite 300, Los Angeles, stated he is the attorney for the Art and Diana Flores. He submitted a letter. He said he had not received a copy of the Lilbum response to his September 23, 2002, letter and the Environmental ' Audit, Inc. report until he was faxed a copy on October 22. He requested a continuance so that his environmental consultant could have an opportunity to review the Lilbum report and make comments. He noted that Lilbum indicated in its report that the Mitigated Negative Declaration was based in part on CEQA Guidelines Section 15064(h), which has been held invalid by the Superior Court of Sacramento County. He acknowledged there has been an appeal to determine the validity of that regulation and the Third District Court of Appeals heard the appeal on September 20. He anticipated that a ruling should be forthcoming in the near future as to whether the regulation that formed the basis for the finding is valid. He noted that staff had indicated the Flores do not want competition and said the Flores have plenty of competition. He alleged the Albertson's market across the street is selling gas at or below cost, cutting the volume of the Flores station in half. He stated approval of this project would add another station several hundred yards away. He believed someone will go out of business and he did not feel that is sound planning for the community. He felt the City would not put three supermarkets at the exact same location because they would be counterproductive to one another and one would go out of business. He stated they are not trying to be anti-competitive but they are trying to be sensible. He said that unlike Chevron, the Flores are two individuals who have sunk their entire life savings into their station. Gil Rodriguez, Jr. 750 Mountain, Upland, stated he has worked on this project for 8 years and has always been concerned about the nearby residents. He said he let go of a major retailer because of concerns raised by the neighbors. He stated Mr. Flores approached his company earlier this year in an effort to purchase the site and to open a service station there. He noted that Mr. Flores has had his station up for sale in previous years and had been offered about $3 million but he wanted $3.9 million at the time. He said sources in the brokerage community indicated Mr. Flores is making $1.6 to $1.8 million per year. He felt it is unfortunate that people can use a law to their advantage and abuse the rights of others to compete. He felt the people in the community deserve lower prices and competition. Planning Commission Minutes -11- October 23, 2002 Mr. Gough objected to Mr. Rodriguez's remarks, stating there was no evidence or basis for the remarks. He said the numbers quoted were unsupported. Gil Rodriguez, Sr., stated he met with Mr. Flores in the latter part of August 2002 and Mr. Flores said he had an $8.2 million cash offer for a short escrow. Hearing no further testimony, Chairman McNiel dosed the public hearing. He asked the City Attomey to comment on the Court of Appeals hearing. Kevin Ennis, Assistant City Attorney, commented that the Court of Appeals held a hearing on September 20 and there was no indication of when the Court will issue its determination. He said that while the matter is pending, the Trial Court's decision is not in effect, meaning that the CEQA Guideline section can still be followed and decisions can be made with regard to determinations of significance on standards set by their agencies. Commissioner Macias noted that if the Planning Commission approved the project, the decision can be appealed to City Council. Chairman McNiel stated we live in a litigious society and the courts are regularly used in a way for which they were not designed but to the advantage or disadvantage of one group or another, as can be seen in reports every day. He noted the community is on a growth track. He felt it was disheartening that someone would feel threatened by a gas station that is noted for its prices not being the lowest in a community. With respect to the sound study, he noted the maximum dBA is 60 and the applicant indicated they would generate a level of 51 at 100 feet. Commissioner Macias asked for an explanation of what that meant. Mr. Le Count responded that the dBA is expected to be 51 at a distance of 100 feet away,which is less than the existing ambient noise from Foothill Boulevard as well as below the City's established thresholds. Mr. Buller indicated the Commission could restrict the hours and have the applicant submit an application to expand the hours once it is in service or the Commission could allow the applicant a chance to demonstrate that it is not an issue and bring back the Conditional Use Permit for modification if there are complaints. Commissioner Tolstoy noted there are houses nearby. He suggested the hours remain as suggested by staff. Commissioners Macias, Stewart, and Tolstoy supported staffs recommendation on the hours. Mr. Buller asked for clarification on the door issue. He said staff indicated the applicant agreed to an automatic sliding door, but the applicant said this evening that they do not wish to use a sliding door. He asked for the Commission's feelings on the door issue. Chairman McNiel observed the applicant said they have had maintenance problems with sliding doors and he felt that was the result of using the low bidding process, not the door. Mr. Buller asked if it was the Commission's direction that there either be a sliding door or a double door with vestibule. It was the consensus of the Commission that that was correct. Planning Commission Minutes -12- October 23, 2002 Chairman McNiel felt the carwash'will actually mitigate sound problems that will generate from the service islands but said he would abide with the other Commissioners with respect to the hours for the carwash. He noted the applicant could return to request expansion of the hours. Motion: Moved by Tolstoy, seconded by Stewart, to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit DRCCUP00-17. Motion carded by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO -carded Mr. Buller suggested skipping to Item L, as the applicant for Item K was not in the audience. L. DEVELOPMENT AGREEMENT DRC2002-00770 — KISCO SENIOR LIVING — A proposed Development Agreement to permit a parking ratio of 1.15 parking space per unit for an age- restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street— APN: 210-082-53 thru 57. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update, certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. Douglas Fenn, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, thanked Mr. Fenn for his hard work on getting the project processed as quickly as possible. He felt their project compared favorably to the senior project reviewed earlier in the evening. He noted their project meets the Code requirements for parking. Chairman McNiel asked if the units would all be market rate. Mr. Buquet responded affirmatively. Commissioner Tolstoy noted that the parking analysis referenced an additional neighborhood shopping center planned adjacent to the site. He questioned if a project has been submitted. Mr. Buquet stated there is a 17-acre site at Fourth Street and Milliken Avenue that would allow for a market although he knew of no immediate development plans. Commissioner Tolstoy felt it is extremely important to have a food market and cleaners within walking distance of senior projects. Mr. Buquet agreed that is desirable. He felt this project is good because of its close proximity to the Metro link and the golf course. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy felt it will be a nice project. He was concerned about the parking ratio but stated it was the consensus of the Commission that it should be adequate. Planning Commission Minutes -13- October 23, 2002 Commissioner Stewart indicated her issue was the same as what had been raised earlier in the evening. She thought it is a nice project. Motion: Moved by Macias, seconded by Stewart,to adopt the resolution recommending approval of Development Agreement DRC2002-00770. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried K ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00264 - PANATTONI DEVELOPMENT COMPANY, LLC-A request to construct a 348,590 square foot industrial warehouse building on 13.50 acres of land in the Industrial Park District(Subarea 6), located on the southwest corner of 6th Street and Utica Avenue -APN: 210-081-07. Douglas Fenn, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. There were no comments, and he closed the hearing. He commented that he reviewed the project at the Design Review Committee level and he felt it will be a good project. Motion: Moved by Stewart, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Development Review DRC2002-00264. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Brad Buller, City Planner, stated it was his understanding that there may not be a quorum for the November 27, 2002, Planning Commission meeting. He indicated staff may have to contact the Commissioners to select an alternate date for a special meeting. ADJOURNMENT Motion: Moved by McNiel, seconded by Stewart, carried 4-0-1 (Mannerino absent),to adjoum. The Planning Commission adjourned at 9:27 p.m. Respectfully submitted, B uller ecretary Planning Commission Minutes -14- October 23, 2002