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HomeMy WebLinkAbout2001/05/23 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting May 23, 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, Larry McNiel, Pam Stewart, Peter Tolstoy ABSENT: John Mannerino STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner, Nancy Fong, Senior Planner; Craig Fox, Assistant City Attorney; Barrye Hanson, Senior Civil Engineer; Dan James, Senior Civil Engineer; Warren Morelion,Assistant Planner; Gail Sanchez, Planning Commission Secretary; Ruben Warren, Planning Aide; Emily Wimer, Assistant Planner • • ANNOUNCEMENTS. There were no announcements. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Tolstoy, carried 3-0-1-1 (Mannerino absent, Macias abstain), to approve the minutes of May 9, 2001. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 98-08- BASELINE BARGAIN CENTER-A request to revoke the Conditional Use Permit for the operation of a retail establishment in the General Commercial District, located at 9456 Roberds Street-APN 202-092-08. (Continued from April 25, 2001) Emily Wimer, Assistant Planner, presented the staff report. Chairman McNiel indicated the public hearing was still open from the previous meeting. Lora Iftikhar, 8811 Lurline Street, Rancho Cucamonga, stated they were delighted to have made progress and look forward to continuing to progress and reach their goals. Hearing no further testimony, Chairman McNiel closed the public hearing. Motion: Moved by Macias, seconded by Tolstoy, to adopt the resolution suspending revocation of Conditional Use Permit 98-08. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried B. ENTERTAINMENT PERMIT 94-02 — COFFEE KLATCH — A compliance review of the Entertainment Permit for Coffee Klatch in the Specialty Commercial District, located at 8916 Foothill Boulevard —APN: 208-101-23. Nancy Fong, Senior Planner, presented the staff report and indicated that staff had received a fax from Amy's Garden raising concerns about the younger, unsupervised crowds generated when rock music is played and the limited restroom facilities at the Coffee Klatch. Commissioner Stewart noted that staffs recommendation was to have an employee of the Coffee Klatch provide security. She commented that the employees appear as young as the patrons and asked if they would be able to control the crowds. Ms. Fong replied that it would have to be a responsible employee. Commissioner Tolstoy expressed the same concem. Commissioner Macias asked if having an employee there would preclude having a security guard. Ms. Fong responded that a responsible employee would be required to monitor and control the crowd under the proposed condition. Brad Buller, City Planner, explained that staff felt the concems raised were not to the degree that requiring a security guard should be necessary. He observed that the City generally requires security guards to be present when live entertainment is offered at bars with dance floors but this is not a bar. Commissioner Macias noted that regardless of the outcome of tonight's meeting, the City maintains jurisdiction. Mr. Buller confirmed that was correct and said the City could bring the matter back to the Commission at any time. Craig Fox, Assistant City Attorney, observed the Commission could also add a condition to require that the matter be brought back for review automatically. Commissioner Tolstoy asked if there is a security guard for the center. Ms. Fong replied that the center has a security guard,who is paid for by all tenants, but he leaves at 9:30 p.m. She asked if it would be fair to burden the center security personnel for troubles caused by one tenant. Chairman McNiel opened the public hearing. Michael Perry, Coffee Klatch, 8916 Foothill Boulevard, Rancho Cucamonga, stated they received an Entertainment Permit in 1994 and they previously addressed noise concerns. He reported the business received several awards and he believed the business represents the City well. He Planning Commission Minutes -2- May 23, 2001 tl contended there are no problems and said they attract people of all ages because they provide a positive and clean environment. He believed they give back to the community by providing entertainment. He stated a lot of the entertainment is Christian music and various other types of entertainment are provided to reach out to all segments of the community. He thought that staff jumped to conclusions when it received a complaint from the owner of the liquor store. He felt any problems are caused by the liquor store, not the Coffee Klatch and he should not be penalized because there is a liquor store in the center. He stated that most of the other businesses in the center are closed in the evenings when they have entertainment. He said that he could not afford to hire security. He stated he had been there one night and parking was limited because the liquor store had a truck there. He said his business does not take up all the parking, and the parking problem is caused by Chianti's customers and staff and Souplantation. He indicated he asks his staff to park in front of the building to allow the customers to park in the rear. He said the security guard told him he has not seen the problems mentioned in the letter. He stated the liquor storeowner was belligerent and threatened to have Coffee Klatch shut down. Commissioner Macias asked what types of music are offered other than Christian music. Mr. Perry replied that he schedules with his daughter. Commissioner Macias asked if he has rock bands other than Christian. Mr. Perry indicated they do. Commissioner Macias asked if Mr. Perry concurred with the staff report recommendation that he have an employee outside. Mr. Perry felt no additional requirements should be necessary. He pointed out that the Police Report shows only one of the six calls made following the closure of the night club occurred during the time there would have been entertainment, as the other calls were earlier in the day. He said that if they expect a large crowd, they call in extra staff but the staff is serving the customers. He stated that to require extra staff at all times, would inhibit their ability to have local entertainment groups. Chairman McNiel felt there might be a personality conflict or a conflict in uses causing problems. He thought the problems might not be as dramatic as they appear. He indicated he has visited the Coffee Klatch many times and had not seen any problems but said he would like to avoid future problems. He suggested patrolling the area to when they have a band that may pull a rowdier crowd. Mr. Perry noted that staff recommended extra staff when there is entertainment. He felt that any loitering might be caused by the public telephone located outside the liquor store. He said they have also had customers complain to them that pornographic material is sold in the liquor store. He provided pictures of the telephone booth and the videos available inside of the liquor store. He felt that any unfavorable element was from the liquor store. Richard Barba, 9099 Manzanita, Rancho Cucamonga, stated he owns Thomas Winery Liquor. He said Mr. Perry's accusations regarding their conversation were not true. He indicated he has two older sisters (66 and 58) who run the store for him and he usually is there one day a week. He stated the problems have simmered down since he wrote the complaint letter to the City. He said his liquor license from the Alcohol Beverage Control Board could be pulled if people loiter in the parking lot. He commented he has no problem with the music or with most of the patrons. He reported he now refuses service to two people who were observed buying liquor and cigarettes for underage kids. He stated that when he complained to Mr. Perry, Mr. Perry told him it was not his problem and he should call the cops. He felt the City has other problems to deal with other than that one center. He stated he had broken up a fight in front of his store and asked that Coffee Klatch take better Planning Commission Minutes -3- May 23, 2001 • control. He thought the problems happen at 11:30 or 12:00 midnight. He asked why he should have to have two people at the liquor store because of problems generated by Coffee Klatch. He said he has seen people urinate in the bushes. He indicated the center wants the telephone booth there and he would prefer it be removed. He observed that the Coffee Klatch only has one bathroom,which he felt was not sufficient for the crowds generated. Commissioner Stewart asked for confirmation on his statement that things have improved since he wrote the letter. Mr. Barba stated that the music hasn't been outside lately because it has been cool and the crowds have been smaller. He thought the Coffee Klatch should provide bathrooms and security for the patrons. He did not think an employee who was not in uniform would be able to control the situation. Commissioner Stewart asked if any of the tenants had contacted the property owner and asked to have the security for the entire center be extended beyond 9:30 p.m. Mr. Barba said he was told the center does not have to provide security beyond 9:30 p.m. and the Coffee Klatch should take care of their own problems. The following patrons, band members, and employees spoke in favor of Coffee Klatch: Kathy Trisler(patron), 17974 Upland Avenue, Fontana Dave McNichols (band member), 11749 White Mountain Court, Rancho Cucamonga Kurt Dohy (band member), 6319 Wine Court, Rancho Cucamonga Chris Stevenson (band member), 1915 East Alvarado, Ontario Wayne Street (band member), 125 Irving, Upland Shannon Benett (employee), 223 Spruce, Upland Larry Irwin (employee), 8990 19th Street, #215, Rancho Cucamonga Craig Trever(band member), 17974 Upland Avenue, Fontana Debbie Dohy, 6319 Wine Court, Rancho Cucamonga Tricia Lee, (patron), 10935 Terra Vista, Rancho Cucamonga They supported the Coffee Klatch and felt they provide a service to the community. They said they had not observed any of the problems mentioned in the letter and had not seen unsupervised teenagers. They maintained that the owner of the liquor store had not proven that the people who hang out in the parking lot are patrons of the Coffee Klatch. They felt the center should take more responsibility as they thought any problems are taking place after the employees of the Coffee Klatch go home. They said that the Coffee Klatch is a family environment with a wide age group of patrons and makes an effort to keep the crowds under control. One band member stated he had observed the owner of the liquor store shouting at Mr. Perry. Mr. Dohy indicated he sees teenagers hanging out at other centers so he didn't think the Coffee Klatch should be held responsible. Ms. Bennett said she works many of the nights they have entertainment and they try to keep the crowd under control. Ms. Dohy indicated her family goes together and she sits inside while her daughter sits outside. She felt the outside crowd is monitored because the employees of Coffee Klatch spend time outside bussing tables and checking the sound meter. One resident asked if the City could provide security after hours as that is when people hang out. Heather Perry, Coffee Klatch, 8916 Foothill Boulevard, Rancho Cucamonga, stated they generally leave by 11:30 p.m. and they have not witnessed the problems cited in the complaints. She said that when she saw some kids by the wall, she told them to leave. She indicated she books the entertainment and they have mostly Christian bands. She said her guidelines for the music are that there must be no profanity or vulgar lyrics. She provided a picture of one of the Christian bands. She said she had three rock bands since January and two of them were on the same night. She reported that most of the entertainment has been inside lately because it has been cold. She said Planning Commission Minutes -4- May 23, 2001 that the other businesses are closed when she leaves at 11:30 p.m. She noted there is a bus stop at the corner and she thought the bus patrons might be causing the problem. She said that about 50 percent of their patrons are parents and grandparents. She submitted a petition supporting the ' Coffee Klatch signed by 250 registered voters. She said that she talked to Mr. Barba and he threatened to take away her entertainment permit. Christina Barba, 9099 Manzanita, Rancho Cucamonga, stated she knows people who go there. She said the younger bands attract younger teenagers and not all of the people who go to church are good Christians. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy stated he heard that the Coffee Klatch calls in more people when they have a larger crowd, but he said that all the employees have been behind the counter whenever he has been there. He felt that someone should be stationed in the patio area whenever there is a larger crowd. Commissioner Macias stated that typical neighborhood issues had been raised with each side stating that what the other side said was not true. He felt there are two viable businesses which complement each other and are in close proximity. He thought there is a combination of factors leading to the loitering. He recalled that as a young man, he and his friends gathered at places where music was being played and hung out in cars because they didn't want to pay. He thought the problem is two business owners who do not get along. He said the hearing was not about the virtues of either of the businesses but there is an impact on the community as a whole. He supported staffs recommendation to have an employee monitor the outside section. He also suggested that the matter be brought back before the Commission for review in three months and perhaps in another three months following that. Commissioner Stewart noted the City had also received a letter from another tenant of the center raising concerns. She agreed that an employee needs to be outside, rather than behind the counter, when there are 50 or more people outside. She also suggested the business owners meet with the landlord and encouraged them to work out a solution with the landlord and other tenants to avoid having the matter come back to the City. She encouraged the businesses to get together and work out the problems. She suggested security enhancement, removal of the outside pay phone, and contacting the Sheriffs department to take advantage of its community policing actions. She supported staffs recommendation. Chairman McNiel noted that several people had stated during public testimony that they do not see the problems. He thought the problems are happening in the peripheral part of the property. He suggested that the employee who is posted outside should not be bussing tables, but should rather be circulating around and checking in other areas. He thought this would be in the best interest of the Coffee Klatch rather than being a tremendous burden. Mr. Buller suggested a revision to the condition to provide that the outdoor patrolling be provided by either an employee or a security guard from the center if the business owners were able to convince the shopping center owner to expand the security guard's hours. He asked if the rest of the Commission supported having the matter return to the Commission. Commissioner Stewart suggested it come back in the September. Chairman McNiel noted that if the problems are not solved, it will be back before the Commission anyway. He thought the problems could be resolved. Planning Commission Minutes -5- May 23, 2001 Motion: Moved by Stewart, seconded by Macias, to approve the resolution approving a modification to Entertainment Permit 94-02 with revisions to indicate a security guard could be used to patrol the outdoor area and to require that the permit be reviewed in September. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried C. VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-02 — CITY OF RANCHO CUCAMONGA — A request to amend various sections of the Victoria Community Plan for consistency with the Victoria Arbors Master Plan and Mixed Use land use designation. Nancy Fong, Senior Planner, presented the staff report. Motion: Moved by Stewart, seconded by Macias, to approve the resolution recommending approval of Victoria Community Plan Amendment DRCVCPA01-02. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried DIRECTOR'S REPORTS D. PRELIMINARY REVIEW DRC2001-00258- ETIWANDA SCHOOL DISTRICT—A review of the proposed site acquisition of .34 acre of land for expansion of Etiwanda Intermediate School, located in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located at 13004 Victoria Avenue, approximately 400 feet west of Pecan Avenue — APN: 227-253-11 and the westerly portion of 10. Warren Morelion, Assistant Planner, presented the staff report. Commissioner Tolstoy noted the area is not paved and he thought it may create a dust problem. Brad Buller, City Planner, responded that the area has gravel and was used as a parking lot this year. He reported that when the City investigated an illegal business which was occurring in the garage/guest room of the house, it was discovered that the school had rented the property to use as a parking lot. He indicated that the residents on either side had been contacted and have no issues with its use for a parking lot in its present state and in fact were happy because otherwise the school employees would be parking on the street. He said staff does not support parking on the site as a permanent solution. Commissioner Tolstoy felt the site should only be used as an interim solution and he hoped the school would find something contingent to the site or on the school site, not across the street. Chairman McNiel agreed it is a good temporary solution. Motion: Moved by Stewart, seconded by Macias, to support staffs comments regarding Preliminary Review DRC2001-00258. Motion carried by the following vote: Planning Commission Minutes -6- May 23, 2001 AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: MANNERINO - carried E. ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001/2002 Barrye Hanson, Senior Civil Engineer, presented the staff report. Commissioner Tolstoy asked for clarification regarding the Hermosa Avenue drainage project. Mr. Hanson replied they will go as far north as funding will allow. Commissioner Tolstoy asked where the new senior center will be located. Mr. Hanson responded that the location had not as yet been determined. Chairman McNiel observed that design work is included for pavement rehabilitation of Grove Avenue and he asked it the cost will be shared with Upland. Mr. Hanson answered that Rancho Cucamonga owns the street to the lip of the gutter on Upland's side of the street. He said that Rancho Cucamonga hopes to have Upland share in a portion of the costs. Commissioner Tolstoy questioned the need for pavement rehabilitation on Terra Vista Parkway as he felt the street is not that old. Mr. Hanson replied that it is felt that the landscaping is leading to deterioration and the City plans to use rubberized asphalt with the hope that it will wear better. Commissioner Tolstoy observed that cable companies have been putting in fiber optic cable and he asked why the City does not coordinate road repairs. Mr. Hanson responded that cable companies are doing a lot of work in local streets and their schedules do not always coincide with City plans. Commissioner Tolstoy commented that it seems that streets are repaved and then torn up again. He commended Mr. Hanson on a job well done. It was the consensus of the Planning Commission that the Capital Improvement Program is in conformance with the General Plan. PUBLIC COMMENTS There were no public comments at this time. Planning Commission Minutes -7- May 23, 2001 COMMISSION BUSINESS F. GENERAL PLAN UPDATE PROGRESS Brad Buller, City Planner, gave an update on the General Plan. He said a Task Force Meeting was scheduled for Tuesday, June 5,2001 at 7:00 p.m. He hoped to have the General Plan Update to the City Council by September or October. ADJOURNMENT Motion: Moved by Stewart, seconded by Macias, carried 4-0-1 (Mannerino absent),to adjourn. The Planning Commission adjourned at 8:57 p.m. Respectfully submitted, B .- ler er Secretary Planning Commission Minutes -8- May 23, 2001