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HomeMy WebLinkAbout2002/08/28 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting August 28, 2002 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:05 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: Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Tom Grahn, Associate Planner, Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner, Gail Sanchez, Planning Commission Secretary; Mike Smith, Planning Technician; Emily Wimer, Assistant Planner ANNOUNCEMENTS Dan Coleman, Principal Planner, announced that two Pre-Application Review items had been added to the September 11, 2002, Planning Commission agenda, a review of a proposed tentative tract on 52 acres at the southeast corner of Base Line Road and Etiwanda Avenue and a review of conceptual plans for an administration and maintenance facility for Alta Loma School District north of the abandoned Southem Pacific Railroad between Base Line Road and Amethyst Street. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Tolstoy, carried 3-0-1-1 (Mannerino absent, Macias abstain), to approve the minutes of August 14, 2002. Motion: Moved by Stewart, seconded by Tolstoy, carried 3-0-1-1 (Mannerino absent, Macias abstain), to approve the minutes of the Adjoumed Meeting of August 14, 2002. CONSENT CALENDAR A. VACATION OF A 12-FOOT WIDE EASEMENT FOR STORM DRAIN PURPOSES (V-188) — CITY OF RANCHO CUCAMONGA — Located west of Elm Avenue, crossing north and south through private property between Foothill Boulevard and Eucalyptus Street—APN: 208-352-64 and 67. 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 B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16332 - STONEBRIDGE DEVELOPMENT-The development of 22 single family lots on 14.98 acres in the Very Low Residential District (1-2 dwelling units per acre), generally located east of Hermosa Avenue, north of Hillside Road -APN: 1074-241-03 and 01. Emily Wimer, Assistant Planner, presented the staff report. David Wendorff, Stonebridge Development, 3525 Lomita Boulevard, Suite 200,Torrance, stated he was available to answer questions. He said they worked diligently and staff had been excellent in working with them. He observed they pulled the horse trail away from the property line along the north side in order to preserve the trees in the windrow. He stated that many of the trees along the east property line will have to be removed for the horse trail. Matt Antrim, 5383 Woodridge Court, Rancho Cucamonga, stated the windrow along the north property line of the project was his main concem and it had been addressed. He said they want to preserve as many trees as possible, as they are mostly in very good condition and provide his property with privacy and a good windbreak. Doug McCormack, 5444 Ridgeview, Rancho Cucamonga, stated he lives on the east side of the project. He was concemed about removal of the trees along the east side. He stated they provide shelter for hawks, owls, and bats. He felt there should be more concem about the residents on the east side as there are more of them to the east. He was concemed about the loss of habitat and the animals that take care of rodents and insects and the loss of privacy. Hearing no further testimony, Chairman McNiel closed the public hearing. Chairman McNiel asked how many trees will be removed on the east side. Ms. Wimer replied that most will be removed. She noted that the arborist report discussed the condition of the trees and the slope. She pointed out that retaining walls are necessary. Ms. Wimer indicated the developer will have to replace the trees somewhere on site on a one-to-one basis, as well as replace the missing trees along the length of the windrow. She said the replacements must be 15-gallon size. Chairman McNiel asked if it would be possible to recreate the windrow. Ms. Wimer replied there will be retaining walls on the east side. She said once the retaining walls are in place, some trees could then be put in. She remarked there had been some discussion regarding meandering the trail. Commissioner Stewart noted that the arborist report concluded that only 15 of the eucalyptus trees were rated as being suitable for preservation. She concurred that replacement trees are needed. Commissioner Tolstoy hoped that trees could be put in after the grading and retaining walls are put in. He felt they are important as a windbreak. Commissioner Stewart concurred. Chairman McNiel felt they should work toward that goal. Planning Commission Minutes -2- August 28, 2002 Commissioner Tolstoy indicated he was saddened that the rock house will be removed because he thought it has a nice feeling. He stated he understood why the house is being removed. He observed that because the eucalyptus trees are in poor condition, it is better that they be removed to avoid their being blown down by high winds. Motion: Moved by Stewart, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Tentative Tract Map SUBTT16332. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried C. SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES - An amendment to the Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. 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, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel indicated he heard the applicant was requesting market-rate senior housing with a parking rate of 1 space per unit and he asked how that compares to Code. Mr. Le Count responded that normal City code calls for 1.3—2 parking spaces per unit. Commissioner Tolstoy asked if there will be a center in the complex for people to buy things such as groceries. Mr. Le Count replied that there is potential for commercial development at the northwest corner of 4th Street and Milliken Avenue but no proposals have been submitted to the City. Commissioner Tolstoy observed there are a number of apartments in the area with no nearby shopping center for groceries. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 396, Rancho Cucamonga, stated there are apartments located south of the Planning Area and this new project will be located adjacent to the golf course. He observed the project will have to go through the Design Review process with respect to the development. He noted the location will provide an opportunity for seniors to live adjacent to other residences and adjacent to the golf course. He said they will not be adding any additional multi-family units in the Planning Area and will be under the allowed number of multi-family units for the plan. He noted that Tony Ferrero of Kisco Senior Living and Chuck Beecher from General Dynamics were in the audience. Chairman McNiel asked why the Commission should allow only 1 parking space per unit. Planning Commission Minutes -3- August 28, 2002 Mr. Buquet replied the request is based upon industry standards. He said the City currently has multi-family development standards and they are working with staff to define senior housing. He indicated there will be a Development Agreement or some other vehicle to provide that the units will be senior housing in perpetuity. He stated Kisco has researched the need for the this type of housing and said they want to meet the needs of the residents. He said the request is based upon studies and traffic counts for similar projects. Commissioner Tolstoy stated this is a high scale area. He believed that in this day and age, seniors are very active. He noted that he has two cars and uses them all the time. He stated he will have a hard time supporting a reduction in the parking requirement. Chairman McNiel stated he understood there will be no wiggle room under the agreement. Mr. Le Count concurred that is true based upon what is negotiated. He stated the Commission would see the Development Agreement. Commissioner Tolstoy felt the development will be an above-average community and more parking will be needed. Chairman McNiel commented that it is important that the parking studies are for economically comparable developments. Mr. Buquet noted that the Metrolink station is located nearby. He indicated their development would be encouraging residents to take advantage of nearby transportation and recreation. Commissioner Tolstoy acknowledged the parking would be reviewed in connection with a project but said he didn't favor reducing the parking requirement and also felt there should be bicycle racks. Commissioner Macias stated that he has seen senior developments with less parking than regular multi-family requirements. However, he felt the market-rate concept presents an interesting dilemma. He thought the residents will probably be more mobile and have more than one car. Chuck Beecher, General Dynamics, 3270 Inland Empire Boulevard, Rancho Cucamonga, stated he agreed with the staff report. He indicated they have been marketing 4th Street and Milliken Avenue corner but it is unfortunately too large for a neighborhood shopping center. He reported that the demographics to date don't support a market in this area of the City. He noted they currently have three office projects with over 2,000 jobs in the Empire Lakes Center. Tony Ferrero, Kisco Senior Living, 5790 Fleet Street, Carlsbad, stated that Kisco is a family-owned company with a great deal of experience in the senior housing market. He said they are very cautions about not under-parking their communities. He observed they generally have parking up to 1.1 per unit and that is ample. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Stewart, seconded by Macias, to adopt the resolution recommending approval of Subarea 18 Specific Plan Amendment DRC2002-00464. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried Planning Commission Minutes -4- August 28, 2002 NEW BUSINESS D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2002-00318-PACIFIC DEVELOPMENT GROUP-A request to construct one 6,200 square foot building and one 3,800 square foot building on 1.93 acre of land in Subarea 2, Community Commercial District, of the Foothill Boulevard Districts, located at the northwest corner of Foothill Boulevard and Vineyard Avenue-APN: 207-102-24 and 25. Staff has prepared a Negative Declaration of environmental impacts for consideration. Tom Grahn, Associate Planner, presented the staff report. David Powell, Partner, Pacific Development Group, #1 Corporate Plaza, Newport Beach, felt the corner building is extremely important and will be a real addition to the intersection. He announced that both buildings are fully leased. He stated they would like to have both buildings completed during the first quarter of 2003 and said revised plans will be coming through. Hearing no further testimony, Chairman McNiel closed the public hearing. He stated the center has been highly successful. He said the City has pointed out the development as an example of the quality of development the City desires. He felt the project will contribute as well. He observed that the applicant had been very cooperative during the design review process. Commissioner Tolstoy felt it is one of the most successful centers. Chairman McNiel noted that the buildings are not inexpensive and he felt the high quality has contributed to the success of the center. Motion: Moved by Tolstoy, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Development Review DRC2002-00318. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried DIRECTOR'S REPORTS E. USE DETERMINATION DRC2002-00523—JOHNSON-A request to make a determination that a tattoo/body-piercing studio is similar to an art studio, a use currently permitted within Subarea 3, Community Commercial District, of the Foothill Boulevard Districts. Mike Smith, Planning Technician, presented the staff report and distributed a map showing the Subarea 3 zoning along Foothill Boulevard. He noted that if the use were determined to be a permitted use, it would allow the use in all other Community Commercial districts in Subarea 3. Chairman McNiel invited public comment. Kyle Johnson, 17616 Upland Avenue, Fontana, stated tattoo/body-piercing studios are not listed in any location, and he thought the use would be related to art because those who apply tattoos are called artists. He believed it is art that is on the body rather than on the wall. Commissioner Tolstoy asked if the applicant owns the same type of business in another City. Mr. Johnson replied he owns a studio in Fontana. Commissioner Macias asked where in Fontana the business is located. Planning Commission Minutes -5- August 28, 2002 Mr. Johnson indicated it is on Cedar near Bloomington,which is near the freeway with a gas station and liquor store. He said homes are located a few blocks away. Chairman McNiel stated that is an older neighborhood that is mixed use by accident. Commissioner Stewart noted the area is high traffic and industrial in nature. Hearing no further testimony, Chairman McNiel closed the public hearing. He asked where tattoo parlors are permitted in the City. Mr. Smith said they are not permitted anywhere. Chairman McNiel noted there is one in the City. He asked if it is illegal. He questioned where they should be put if they are not permitted anywhere in the Code. Dan Coleman, Principal Planner, indicated the tattoo parlor on Archibald Avenue has a City business license. Commissioner Macias asked if the City could be precluded from indicating they are not wanted in the City and leave the existing one as non-conforming. Mr. Coleman stated that would be possible as the City makes zoning regulation changes that sometimes make existing uses legal and other times make them legal non-conforming. He said legal non-conforming uses are not allowed to expand and cannot be reestablished if closed for six months. Chairman McNiel asked if the application is site specific to the center at the northeast comer of Foothill Boulevard and Ramona Avenue. Kevin Ennis, Assistant City Attorney, stated acceptance would allow the use in any Community Commercial zone. He said the Commission could accept staffs recommendation that such a use is not comparable to an art studio and would not be a permitted or conditionally permitted use in all Community Commercial areas. Mr. Coleman noted that the Community Commercial district is at least a third of the area within Subarea 3 along Foothill Boulevard. Commissioner Stewart stated it is not whether you like or dislike tattoos or piercings, but she could not make the conclusion that it is like an art studio because art studios are not regulated by health and safety and by the County. She said they must have periodic inspections. She noted that boards governing the use do not have artists, but rather have physicians and surgeons. She felt the use is more like decorative plastic surgery. She said that art studios are not regulated in the same manner. Commissioner Macias stated that a minor can purchase art whereas someone must be 18 or older to get a tattoo. He said it is a highly regulated use. Commissioner Stewart stated that allowing them in Community Commercial Districts of Subarea 3 would open up quite a large area. She felt there should be a policy. She thought there may be an appropriate place for them, but she did not feel it is in the Community Commercial District of the Foothill Boulevard Districts. She did not believe the use is comparable to an art studio. Commissioner Macias stated he would be open to listening to more analysis from staff. He said there are traditionally three or four businesses which communities do not like to have near residential areas: adult businesses, liquor stores, bail bonds, and tattoo parlors. He felt that regardless of the new trend in acceptance of tattoos, there is still a major perception amongst the majority of this Planning Commission Minutes -6- August 28, 2002 community that a tattoo parlor will bring a certain undesirable clientele. He did not think it would be a popular idea to approve it. Commissioner Tolstoy believed the issue at hand was for the Commission to determine if a tattoo parlor is akin to an art studio and he felt it is absolutely not. Motion: Moved by Macias, seconded by Tolstoy to adopt the resolution denying Use Determination DRC2002-00523. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried PUBLIC COMMENTS There were no public comments. COMMISSION BUSINESS There was no additional Commission Business. ADJOURNMENT Motion: Moved by Tolstoy, seconded by Stewart, carried 4-0-1 (Mannerino absent),to adjoum. The Planning Commission adjoumed at 8:09 p.m.to a workshop. The workshop adjoumed at 8:55 p.m. and those minutes appear separately. Re ully submitted, Dan Coleman Acting Secretary Planning Commission Minutes -7- August 28, 2002