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HomeMy WebLinkAbout2002/03/27 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES ' • Regular Meeting March 27, 2002 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:12 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, Califomia. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John Mannerino, Larry McNiel, Pam Stewart, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Nancy Fong, Senior Planner; Donald Granger, Assistant Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Jan Reynolds, RDA Analyst; Gail Sanchez, Planning Commission Secretary ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Mannerino, carried 4-0-0-1 (Macias abstain), to approve the minutes of March 13, 2002. NEW BUSINESS A. DEVELOPMENT REVIEW DRCDR00-49 - JAMIL SAMOUH - A request to construct a 5,235 square foot single family home on 1.22 acres of land in the Hillside Residential District, located at 3500 Skyline Road -APN: 200-441-66. Donald Granger, Assistant Planner, presented the staff report. Commissioner Tolstoy asked if the house is to be built over one of the fills. Mr. Granger responded that a portion will be over the fill, but the majority will be on cut. He said the majority of the fill will be on the side where the trail has to traverse. Chairman McNiel invited public comment. George Bettors, 275 Canterbury Court, Upland, thanked everyone, especially Donald Granger, for assistance in processing the project. Imed Morris 200 South Palatino Drive, Alhambra, stated he has known the architect for a long time and all of his product is good. He said he built two projects in Alhambra and people wanted to buy the houses before they were finished. There were no additional public comments. Commissioner Tolstoy observed that the trail will be in very steep terrain. He asked if water bars will be put in the trail. Dan Coleman, Principal Planner, replied that water bars will be a requirement in the steeper graded sections. Chairman McNiel stated he reviewed the project at the Design Review Committee level and it was virtually flawless. He thought staff and the architect did a great job and it will be a good project. Motion: Moved by Tolstoy, seconded by Stewart to adopt the resolution approving Development Review DRCDR00-49. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried B. TRACT 15915 - BELMONT EQUESTRIAN ESTATES — A request by Brynda Fryan as a representative of the Belmont Equestrian Estates to amend the CC&Rs for Tract 15915 to allow full height private gates across local feeder trails where they intersect public streets - APN: 1089-081-01 through 14 and 1089-071-01 through 22. Brent Le Count,Associate Planner, presented the staff report and indicated a letter from a resident on Spencer Court had been received supporting the request to gate the trail. Chairman McNiel invited public comment. Brynda Fryan, 7055 Isle Court, Rancho Cucamonga, stated they have been trying to resolve the matter since last May. She said she researched how the City came up with a community trail system and spoke to a Phillip Martinez, who used to work between the Rancho Cucamonga, Ontario, and Upland areas in the Planning Division. She stated he explained that 20 years ago Rancho Cucamonga's idea for the future was to establish a community area that would have a wholesome environment and allow equestrian privileges through the City via trails that would interconnect between the different divisions of the City. She indicated he said the main idea was to have certain areas with low density population and certain areas with high density population. She stated hers is the only tract on that side of Etiwanda Avenue that is low density with a % acre or more and all the rest of the homes around her area are high density with about 7,500 square foot lots. She indicated she told Mr. Martinez the City did not continue to incorporate an equestrian feel for the City with the smaller lots. She said Mr. Martinez commented that houses generate more taxes and the City tumed '%acre lots into %acres lots because the need for taxes increases as communities become larger. She stated she understands that and she also understands how the City wants to have trails go through the City and she felt that is beautiful; however, she felt that her area does not allow for that to happen. Ms. Fryan said there are only 36 homes in their community that could possibly have horses and she had signatures from most of the homeowners in that community stating that they are not going to own horses. She commented that the residents feel that leaving the feeder trails open allows for anyone to go up and down the trails including motorcyclists and vagrants and they had been told that the gates on the south side of their tract will be removed once the Rails-to-Trails trail is in place. She said that Mr. Martinez explained that about 20 years ago the Rails-to-Trails was going to try to bring the trolley car back in but that has now been outvoted. She commented their Planning Commission Minutes -2- March 27, 2002 homes are worth between$500,000 to$750,000 and there has been graffiti. She acknowledged that the information given her by Mr. Le Count said there had not been any graffiti, but she maintained there has been a lot of graffiti on the walls. She said there has been a theft in the neighborhood and damage to the community trail. She reported she has walked some of the other feeder trails and in those cases the only way to access from Point A to Point B was by using the feeder trails but they did not allow any cars to use those trails. She said all of the trails for her tract have an actual drive approach which would easily allow car access thereby making it easy for someone to open the gate, drive down the trail, and steal from houses. She stated their trails begin and end with a full community trail on the eastern side, which allows equestrian users to traverse from Point A to Point B. She thought that makes their homes distinct. She indicated the homeowners feel there is no real reason for anyone other than homeowners to access their trails. She believed that gating off the trails would provide more security for themselves and their children. She said several neighbors commented that the City is more intent on the appearance of an equestrian look rather than actually fulfilling what the equestrian dream was in the beginning. Ken Douglas, 6047 Indigo Avenue, Rancho Cucamonga, stated the Fryans are talking about a specific number of brand new houses. He felt the first person moving into a house should not be allowed to decide the history of what will happen on that house. He said that by putting gates on the horse trails, future owners could not have horses because the homes become non-horse property and are not horse friendly. He felt the issue of motorcycles on the trails is a City-wide issue and observed the gate approved by the City was designed specifically to address that problem because it has a step-through. He pointed out that cyclists would have to stop upon reaching the gate and lift their motorcycle over the step-through. With respect to driveway approaches for the horse trails, he thought they were designed that way to allow access for feed trucks, veterinary trucks, or the homeowner's personal pick up truck to service the horse property. He said the City allowed gate would also stop such use as well. He noted that the trails were designed for use by school children and pedestrians as well as for equestrian uses. He believed other housing tracts will be going around this housing tract in the future;therefore, they will not be the only horse property in the area. Carol Douglas, 6047 Indigo Avenue, Rancho Cucamonga, stated she is the City liaison for the Alta Loma Riding Club. She said that if the City chooses to rule in favor of the Belmont Estates, it will be satisfying the wishes of a few while sacrificing the plans of the whole community. She observed that approving the request would necessitate changes to major City documents including the General Plan, Trails Implementation Plan, Etiwanda Specific Plan, Development Code, and the Municipal Code. She believed they are trying to address a neighborhood security issue in a manner that will affect all residents in the City. She felt the Belmont Equestrian Estate residents have not used basic tools available to correct security issues. She stated the issue can and should be addressed by calling the Police to report crimes, calling the City's graffiti hotline for graffiti removal, and starting a Neighborhood Watch program to promote safety and security. She noted the residents have complained repeatedly of children doing mischief on their way to or from schools. She suggested the residents work with the administration of the local schools to resolve those problems. She thought they also should address parents when they can determine the parents of the children involved. She indicated she spoke with Dan Waters, a Crime Analyst in the Rancho Cucamonga Police Department, and he said the crime statistics in the City do not show a higher crime rate in homes along horse trails. She stated that other homeowners in the equestrian area have occasionally experienced similar problems but they have resolved them successfully through means other than erecting gates. She asked the City to encourage the residents to address their problems through the same resources available to everyone in the community. She observed that at the Trails Committee Meeting,the residents spoke of the trails as being private easements. She stated they are dedicated trail easements that are designated as local feeder trails, also known as private feeder trails or private trail easements. She said they are designed for the use of residents in the entire tract, not just those homes adjacent to each easement. She noted the City's General Plan states that local feeder trails provide access to the rear of lots within the rural overlay, provide connections to regional and community trails, and also provide "logical riding loops within subdivisions." She said the easements are not isolated parcels, but are like pieces of a puzzle that combine with other pieces to Planning Commission Minutes -3- March 27, 2002 make the whole City's trail system. She observed the gate that has been installed denies access to other residents within the tract and takes away the possibility of logical riding loops within the tract. She felt removal of the trail would damage the integrity of the system. She reported she discussed the issue with many residents in her own neighborhood including many residents who do not own horses. She said she found that the residents like to use the trails as they were intended and do not want them gated as they like the atmosphere the trails create. She stated they use the trails in a manner consistent with the Trails Implementation Plan, which states, "Local feeder trails are primarily intended for equestrian use although they are commonly used by homeowners for morning and evening walks and may also be used by children as a path to school." Ms. Douglas observed the City has a standard gate, Standard Engineering Plan 1006C. She asked that the standard gate be used if the Commission determines that a gate would solve the issue because it would allow the access intended for the trails. She observed that the City addressed the matter in 1988 when Thomas Morrow blocked off his trail easement. She said the court decided in favor of the City of Rancho Cucamonga in Case No. RCV45178. She noted the case was appealed and the courts upheld the original decision. She asked that the City not put the wishes of a few residents over the rules and regulations of a whole community. She requested that the City deny the request. Carl Becker, 8586 Thoroughbred, Rancho Cucamonga, stated he is equine liaison officer for the Sheriffs Department Citizen Patrol. He indicated they depend on use of the trails to patrol the back areas of houses. He said if they are denied access, they will not be able to properly patrol. He noted they could get into areas where vehicles cannot go and they provide a service to the community. Courtney Douglass, 6047 Indigo Avenue, Rancho Cucamonga, stated she is a member of the Alta Loma Riding Club and the President of the local Rancho Rebels 4H Club and is involved in a horse project offered by 4H. She said the horse project uses the City's trails for organized trail rides. She stated that people from other cities come to Rancho Cucamonga to use the trails. She wanted to keep the trails open by using the City standard gate or some other compromise. There were no additional public comments. Commissioner Mannerino believed the item is a non-issue. He read an excerpt from the CC&Rs for the tract recorded on August 22, 2000, which indicated that each owner grants an easement to the public over the portion of their lot depicted on the recorded subdivision map and that owner is responsible to keep the trail easement in a safe and passable manner and prohibiting the construction of any structure within or across the trail easement including walls,fences, and gates. He stated that the CC&Rs were recorded two years ago and now the residents want to take the dedication back. He felt they should have considered that before buying the property. Commissioner Stewart stated that legal issue was at the core of what the Trails Committee argued. She wished the manner could be resolved in a harmonious manner satisfactory to everyone,but she did not think that was possible. She noted an alternative step-through gate design was offered, which was approved by the City and used successfully in other places. She was not sure why the Fryans do not want to use it and noted it was used in other portions of that tract. She felt it was a first step in trying to resolve the problems that the residents have indicated exist. She noted that there is no documentation of the problems and there are no calls for service on the Police logs. She said that if there are problems that are not being reported, then no one can help. She said there are community oriented policing projects to address problems. She felt the request is a legal issue and the City should not change the different plans that are unique to the City and have laid the foundation. She said the change would impact 130,000 other citizens and she did not feel it should be done. Chairman McNiel stated he is not a"horse"person, but he lives in an equestrian community and he supports the equestrian trails that help define the community. He felt approving this request would be the first step in the demise of what the City has put together to make it an open an acceptance oriented community. He asked what action was needed by the Planning Commission. Planning Commission Minutes -4- March 27, 2002 Brad Buller, City Planner, stated the Commission had before it a recommendation from the Trails Committee. He indicated the Fryans originally approached the City Council as a result of Code Enforcement action on their property and the City Council asked that staff work with the Fryans in an attempt to address the issue. He said the matter could not be resolved and the Fryans went back to the City Council, at which time the Council directed the issue be reviewed by the Trails Committee and the Planning Commission prior to going back to City Council. He indicated that minute action of the Commission's recommendation would be forwarded to the City Council. Commissioner Tolstoy noted that the Trails Committee listened to several hours of testimony, deliberated, and unanimously decided to recommend denial of the request. Motion: Moved by Mannerino, seconded by Stewart, to concur with the Trails Committee in recommending denial of the request to allow full height private gates across local feeder trails where they intersect public streets. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried C. CONSIDERATION OF SUBAREA 18 SPECIFIC PLAN AMENDMENT — CHARLES JOSEPH ASSOCIATES—A request to initiate an amendment to allow Public Storage as a permitted use within Planning Area VIII of the Empire Lakes project. Dan Coleman, Principal Planner, presented the staff report. Chairman McNiel asked if a project has been proposed with respect to a portion of the site being used. Mr. Coleman responded there is a developer interested in constructing a public storage facility on a portion of Planning Area VIII. Chairman McNiel invited public comment. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, felt the use would be a convenience for the nearby apartment projects. He noted his client will be submitting a Specific Plan Amendment concurrent with an application for a public storage facility that will meet the City's requirements with respect to design and the Empire Lakes area. He said he was available to answer any questions. Chuck Beecher, General Dynamic Properties, 3270 Inland Empire Boulevard, #440, Ontario, noted that in August 1999 there was a master plan creating 9 separate lots ranging from 11A acres to 31/2 acres and Fairview Drive linking 6th Street to 5th Street and Milliken Avenue. He observed that all the access for the property is off the intemal street (Fairview Drive). He said the street improvements are complete and there are approximately 19 developable acres on the site. He noted the storage facility will be on a 3 to 5 acre site. Chairman McNiel asked that the architecture be compatible. Mr. Beecher said the architecture will be compatible. He also noted that Jefferson at Empire Lakes will be having a Grand Opening celebration on April 25 and he invited the Commissioners to attend. He said they are getting a lot of favorable response on the architecture and the units. There were no additional public comments. Planning Commission Minutes -5- March 27, 2002 Commissioner Mannerino thought it is an appropriate use in light of the nearby apartments. Commissioner Tolstoy felt that public storage should be near people rather than in an obscure location. Commissioner Stewart agreed. Motion: Moved by Stewart, seconded by Macias, to direct staff to initiate an amendment following submittal of a formal application and fees. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS There was no additional Commission business. ADJOURNMENT The Planning Commission adjoumed at 7:55 p.m. to a workshop The workshop adjourned at 8:35 p.m. and those minutes appear separately. Respectfully submitted, ii s - . er� - - ary I Planning Commission Minutes -6- March 27, 2002