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HomeMy WebLinkAbout2001/10/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES 11 Regular Meeting October 10, 2001 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, 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; Donald Granger, Assistant Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Warren More lion, Assistant Planner, Gail Sanchez, Planning Commission Secretary; Emily Wimer, Assistant Planner I ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Mannerino, seconded by Tolstoy, carried 5-0, to approve the minutes of September 26, 2001. CONSENT CALENDAR A. ENVIRONMENTAL ASSESSMENT FOR PACIFIC ELECTRIC INLAND EMPIRE TRAIL—CITY OF RANCHO CUCAMONGA — The proposed project is the development of approximately 7 miles of the Pacific Electric Inland Empire Trail, a Class I multi-use bicycle, pedestrian, and separated equestrian trail located within the existing Pacific Electric Railroad right-of-way,which varies in width from 80 feet to 100 feet,within the city limits of Rancho Cu 4i.amonga. The project also includes the acquisition of the historic Etiwanda Station for preservation as a museum,and the potential acquisition or use of the historic Casa De Cucamonga, for use as a future transportation park-n-ride and trailhead. The total area of development of the trail is approximately 85 acres. The total area of development associated with the use of the Etiwanda 111 Station for preservation as a museum, park-n-ride, or staging area for the Trail is approximately 4 acres; for a total of 89 acres of development. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from September 26, 2001) B. TIME EXTENSION FOR DEVELOPMENT REVIEW 99-04-S AND D RANCHO CUCAMONGA, LTD - A time extension request for an approved development review for a 3-story, 34,850 square foot hotel and associated master planned development on 5 acres of land in the Industrial Park District (Subarea 7), located on the south side of Foothill Boulevard between Aspen and Spruce Streets -APN: 208-352-88 thru 91. Related files: Conditional Use Permit 00-38 (Chipotle) and Conditional Use Permit DRC2001-00203. Motion: Moved by Mannerino, seconded by Macias, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS C. MODIFICATION TO CONDITIONAL USE PERMIT 97-23-TWINS- A request to allow service to patrons 18 years and older for an existing restaurant with sports bar and grill, including entertainment, dancing, amusement devices, and on site consumption of alcoholic beverages, in the Community Commercial District (Subarea 3), located at 10134 Foothill Boulevard - APN: 1077-601-07. Related File: Entertainment Permit 00-02. D. ENTERTAINMENT PERMIT 00-02 —TWINS—A request to renew an entertainment permit to allow, D. J. music, dancing, satellite television, occasional live entertainment, and amusement devises (pool tables, dart boards), and allow service to patrons less than 21 years of age in conjunction with a bar and restaurant in the Community Commercial District (Subarea 3), located at 10134 Foothill Boulevard-APN: 1077-601-07. Related file: Conditional Use Permit 97-23. Commissioner Mannerino recused himself from hearing this item because he has legally represented members of the family. He left the meeting. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. Eddie Lakkees introduced his brother Robert Lakkees and said that their head of security was available to answer questions. Chairman McNiel asked if they had an agreement with B.C. Cafe regarding the parking. Mr. Lakkees responded affirmatively. He said he had a verbal agreement with Rocky of B.C. Cafe and security people from The Twins clean up any trash. Chairman McNiel asked if there was any contiguous property that could be used for overflow parking. Mr. Lakes replied they own a dirt lot at the corner of Hermosa Avenue and Foothill Boulevard. Chairman McNiel asked if they had considered using that lot in conjunction with valet parking. Mr. Lakkees replied he was not sure what conditions the City would impose in order to be able to use that lot. He felt he would have to add security lighting. Chairman McNiel responded it would probably need to be fully paved and finished and have appropriate lighting. He thought they should try to use it on a temporary basis as opposed to walking across Foothill Boulevard. Planning Commission Minutes -2- October 10, 2001 Commissioner Tolstoy indicated he was not in favor of allowing parking at BC Cafe. He asked if they used valet parking, if they would be using some of the security staff to park the cars. Mr. Lakkees stated they propose having two security guards at B.C. Cafe to monitor infractions or jay walking. He stated there is a crosswalk 50 feet down from BC's driveway. He said they would maintain the nine security people even if they have valet parking. Commissioner Stewart asked if they would still need to use the parking lot at B.C. Cafe if they used the unpaved area for parking. Mr. Lakkees replied the unpaved area would provide more than enough parking. Janet Jones, 6930 Belluno Place, Rancho Cucamonga, asked if the capacity for people was greater than the parking. Chairman McNiel confirmed that was correct. He indicated parking has been a problem. Steve Tiley, 7520 Marine Avenue, Rancho Cucamonga,thought it would be a good thing to have the club open to people 18 and over because it would give them something to do. However, he felt parking should be sufficient. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy stated he was adamantly opposed to people crossing Foothill Boulevard to park, especially since the median has been installed. Chairman McNiel felt it would be very unsafe. Commissioner Tolstoy felt Rancho Cucamonga is an upscale community and he did not like seeing 18-year olds in a bar, but he was willing to give it a 30-day trial to see how they do. Commissioner Macias indicated he has issues with the application. He noted the application was before the Commission only because City codes were violated. He felt that shows questionable management. He noted there are still site maintenance issues. He acknowledged the site maintenance issues are somewhat minor, but noted they are still there. He felt the proposed parking plan was simply unacceptable. He thought having inebriated patrons walking across Foothill Boulevard is a liability issue. He believed the Planning Commission had set a precedent for denying this type of application when Club Matrixx made a request. Brad Buller, City Planner, indicated that when the Planning Commission was ready to take action, Club Matrixx withdrew their application. Commissioner Macias said the application was withdrawn for good reason as the Commission was ready to reject it. He did not believe 18 year olds should be allowed in a club with a drinking environment and urged his colleagues to reject the application. Commissioner Stewart stated she definitely would not consider approving the application without a proper parking plan. She believed it is not acceptable to cross Foothill Boulevard for parking. She said she would be willing to entertain the idea but felt it should be better organized and the applicant must come back with a better plan. She indicated she was not willing to give them a 30-day trial at this point. Commissioner Tolstoy worried that problems might surface after the initial 30-day trial period when police patrols are scaled back. Planning Commission Minutes -3- October 10, 2001 • Chairman McNiel felt the City could monitor the number of calls to the site. Mr. Buller felt it was not the intention of the Police to only monitor for the first 30 days. He said the applicants met with the Police to go over the security plan and the Captain felt it could be successful. He observed that parking is another problem. He said staff supported the application on the basis of the Police Chiefs recommendation but staff felt the parking problem needs to be solved. He felt parking must be on site but noted they over-exceed the required parking by Code. Commissioner Tolstoy questioned the Fire Code capacity for the club and the number of parking spaces. Mr. Le Count reported the capacity is 300 and there are 127 parking spaces. Chairman McNiel stated he occasionally goes to Karaoke clubs and they do allow people 18-21 years to come in on certain nights and for certain hours and they also serve alcohol. He indicated he had never witnessed a problem in those places. He said he had gone to Twins about three weeks earlier and their security appeared strong that night. He was opposed to parking across the street but he was willing to give the use a 30-day trial even though he realized they were before the Commission because they had been caught doing something they should not have done. Commissioner Tolstoy felt the parking should be provided before the use would be allowed to occur. Chairman McNiel said he would support that. He indicated the parking was not overcrowded the night he was there. Commissioner Tolstoy suggested deferring approval for 18-year olds until they could show they have sufficient parking to meet City standards. Mr. Buller said he heard two issues from the Commissioners: one being the concern about mixing 18-21 year olds with the 21 and over atmosphere and the other being the issue of adequate parking before the expanded use. He believed the majority of the Commission felt parking is a major issue. He said staff could work with the applicant to address the parking issue, but he did not think the applicant wants to expand the parking if they will not be able to expand the use. Chairman McNiel said he was willing to allow 18-21 year olds. Commissioner Macias was opposed under any circumstance. Commissioner Tolstoy felt that young people need good models and he was not sure they would get them in a nightclub atmosphere but he understood the point of view that there isn't a lot for them to do. He expressed a willingness to give them a chance to see if it would work out but he did not feel 30 days would be enough time. Commissioner Stewart echoed concerns raised. She indicated she was not willing to approve the expanded use until they provide a more comprehensive business plan on how they will handle things to be sure that there is no underage drinking and adequate parking is provided. Commissioner Tolstoy felt there should be some kind of plan of what venues would be available for the 18-21 year olds. Chairman McNiel stated it is a dance club. He said he heard that the item should be continued until the parking issue is resolved. Planning Commission Minutes -4- October 10, 2001 Mr. Buller said that if the Commission wished to continue the matter he would work with the applicants. He said all parking should be done on-site. He noted that if there is insufficient parking, it would be possible to place an artificial cap on the occupancy through the Entertainment Permit but said that is typically not done because it is too hard to enforce. He indicated he would work with the applicant to establish a parking plan and a business plan regarding the venues available for those under 21 and how underage drinking would be prevented. He said the Lakkees had met with representatives of the Police Department and the Police called several communities and the previous Captain felt it was workable and could be given a 30-day trial. He stated he would consult with the new Police Captain. Chairman McNiel reopened the public hearing. Mr. Lakkees said it would cost approximately $80-90 thousand to improve the additional parking area. He stated it would be necessary to have the expanded use of 18-21 year olds in order to finance the improvements. Mr. Lakkees understood the high risk of people crossing the street. He said it had been their plan to have the valet service park cars across the street. He suggested they could put up a sign saying the club is full when the parking lot is full. He noted that when they previously had valet parking, they were able to fit many more cars in their lot because they double and triple stacked. He said he understood the strong concerns raised by the Commissioners. Mr. Lakkees requested that they be able to have the expanded use for a 30 to 90 day probationary period with valet parking as the current parking meets the City standards. He asked they be allowed to have the use to give them time and money to build additional parking. Chairman McNiel felt the project needed to be continued a minimum of two weeks to see what the applicant submits. Mr. Buller asked that the matter be continued for four weeks to November 14 to allow time to bring back a parking plan perhaps with modified valet parking and a schedule for a future parking lot. He said staff does not wish to see overflow parking off-site so that valet runners would not be crossing Foothill Boulevard. Commissioner Tolstoy asked that the plan also include a venue for 18-21 year olds. Motion: Moved by Tolstoy, seconded by Stewart, to continue Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02 to November 14, 2001. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS D'Lorah DeBarge, 6532 Autumn Glen Court, Rancho Cucamonga, stated she was appearing before the Commission as a follow up to the Route 30 meeting held the previous evening. She said the residents want a wall built east of Milliken Avenue to the 1-15 Freeway on both the north and south sides of the freeway. She reported there are a number of areas that lack a sound wall. She stated Mr. Luca from Caltrans had told them the previous evening that the City was given federal money guidelines in 1996 and no sound walls were needed at that time because there were no homes at the time. She said they had been told that when her home was built in 1998, it was the responsibility of the developer to advise of the future freeway and to build any needed sound walls. She read the disclosure statement from the developer: Interstate 15 is approximately 4 miles east of the project. Commencing in 1998, construction will begin on Freeway#30. This freeway will consist of two travel lanes Planning Commission Minutes -5- October 10, 2001 in an east-west direction, located immediately north of Highland Avenue. Construction is anticipated to take 24 months. For additional information, please contact SANBAG at (909) 981-9859. She noted there had been no indication in the statement as to whether the freeway would be above or below ground. She felt it had been fairly common knowledge that the freeway would be below ground, but it is now 11-15 feet above ground. She reported the sound wall provided by the developer is actually a perimeter wall along Highland Avenue and there is no wall along the south side of the freeway other than a median guardrail. She feared that a car or truck would topple off the freeway if there is an accident and noted there is a pedestrian walkway on Highland Avenue, which is used by students in the area. She said there is a sound wall along the north side of Highland, but none on the south. She stated it is a high traffic area and she asked that the City seek federal or state grants to build a wall. Tracy Russell, 6538 Autumn Glen Court, Rancho Cucamonga, stated that everyone in her development was told that the freeway would be subterranean so they did not consult Caftans. She noted the community has a lot of young families with small children and she felt a barrier is needed for safety reasons. She asked for direction from the City as to what they could do to get walls. She said sound studies had been done and the sound exceeded the City standards. She reported she spoke to Mr. Moon from SANBAG at the previous night's meeting and he said the freeway could not be underground in this area because of a flood hazard and she felt that would make it even more important to have a wall to hold the water back. She asked that the City look for money to build a block wall. Chairman McNiel said that he understood their concerns but the City cannot build on freeway land. He suggested the residents go to the next meeting of the Route 30 Task Force. Ms. Russell asked what would prevent the City from looking for state money. Chairman McNiel suggested Ms. Russell take her request to the next City Council meeting. Brad Buller, City Planner, invited the residents to come in and meet with staff. He said the City has tried to pursue more money to seek grants for landscaping and the City could also look for other grants to build walls. Ms. DeBarge observed that the residents in her tract were considering suing the developer for misrepresentation as they were advised that the freeway would be below grade. She asked that the City consider the plans submitted by Citation for any future developments. She noted she had to sign to allow a property line adjustment because her neighbor's wall was built too close to her house. Ms. Russell commented that the sound study was done prior to the wall being built on the north side of the freeway. She felt a new study would now show higher numbers because sound bounces back from the north sound wall. Commissioner Tolstoy stated he had attended the previous night's Route 30 meeting and the real purpose of the meeting was the noise issue. He observed that Caltrans representatives spoke to the noise issue but were not able to answer questions about safety issues which were brought up at the meeting. He believed Caltrans plans to have someone to address the safety issues at the next meeting. He suggested that the residents may wish to speak to their representatives in Sacramento. COMMISSION BUSINESS There was no additional Commission business. Planning Commission Minutes -6- October 10, 2001 ADJOURNMENT Motion: Moved by Stewart, seconded by Macias, carried 4-0-1 (Mannerino absent),to adjourn. The Planning Commission adjourned at 8:06 p.m. Respectfully submitted, Br VS ler V/ S:cretary Planning Commission Minutes -7- October 10, 2001