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HomeMy WebLinkAbout2000/09/13 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting September 13, 2000 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 ABSENT: John Mannerino, Peter Tolstoy STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Kevin Ennis, Assistant City Attorney; Douglas Fenn, Associate Planner, Nancy Fong, Senior Planner; Dan James, Senior Civil Engineer; Brent Le Count,Associate Planner; Warren Morelion, Assistant Planner; Gail Sanchez, Planning Commission Secretary; Emily Wimer, Assistant Planner; Rudy Zeledon, Assistant Planner ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Macias, seconded by Stewart, carried 3-0-2 (Mannerino, Tolstoy absent), to approve the minutes of the Adjourned Meeting of August 9, 2000. Motion: Moved by Stewart, seconded by Macias, carded 3-0-2 (Mannerino, Tolstoy absent), to approve the minutes of August 23, 2000. CONSENT CALENDAR A. DEVELOPMENT REVIEW 00-35 — KAUFMAN AND BROAD — Design review of building elevations and site plan for two new single family plans for Tract 15875, located east of Day Creek Boulevard, between Highland Avenue and Base Line Road — APN: 227-351-65, 227-393-01 and 02, 227-401-78, and 227-091-41. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 00-52— FIELDSTONE Brad Buller, City Planner, suggested that Item B be pulled and heard with Items E and F. Motion: Moved by Macias, seconded by Stewart, to adopt Item A of the Consent Calendar. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carded PUBLIC HEARINGS C. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-12 — TOMRA PACIFIC, INC.—A request to expand an existing recycling facility from 2.49 acres to 4.79 acres of land in the General Industrial District(Subarea 5)of the Industrial Area Specific Plan, located at 9910 6th Street—APN: 209-211-42 and 43. Related file: Conditional Use Permit 99-42. Warren Morelion, Assistant Planner, presented the staff report. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, thanked staff for assistance in processing the application and requested approval. Hearing no further testimony, Chairman McNiel closed the public hearing. He commented that the application was for an expansion of the existing recycling center and it would clean up the operation. He felt it is good for the applicant and the community. Motion: Moved by Macias, seconded by Stewart, to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit 00-12. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY -carried D. ADDENDUM TO Et'MROt4vIENTAL IMPACT REPORr.ANDSUBAREA 18 SPECIFiC PLAN AMENDMENT 00-01 - JPI - A request to add multi-family residential as a permitted use in the Mixed Use Planning Area IX of the Subarea 18 Specific Plan, located on the northwest corner of 6th Street and Milliken Avenue. An Environmental Impact Report (EIR) was previously certified in June 1994. An addendum to the EIR is being prepared to allow multiple-family residential uses as an additional permitted use in Planning Area IX. The addendum is being prepared in compliance with the California Environmental Quality Act (CEQA) -APN: 290-272-17. Douglas Fenn,Associate Planner, presented the staff report and reported that JPI had met with staff during the last week and met several of the conditions imposed at the last Commission meeting. He said there were still a few minor issues to be addressed. Brad Buller, City Planner, stated that staff felt the previous meeting with JPI had been very successful and staff had confidence everything would be resolved. Chairman McNiel opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, Rancho Cucamonga, stated the action this evening was administrative cleanup of the project approval. He said the action would bring the Empire Lakes Specific Plan into conformance with the General Plan. He expressed confidence that all issues would be fully addressed. Planning Commission Minutes -2- September 13, 2000 Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Stewart observed the item was merely a housekeeping matter. Motion: Moved by Stewart, seconded by Macias to adopt the resolution recommending approval of the Addendum to the Environmental Impact Report and Subarea 18 Specific Plan Amendment 00-01. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carried B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 00-52 — FIELDSTONE— The design review of building elevations and detailed site plan for Tentative Tract 15866 consisting of 24 single family lots with a separate lot for future expansion of GTE facilities on 8 acres of land in the Low Residential District (2-4 dwelling units per acre) located at the southeast comer of Milliken Avenue and Vintage Drive - APN: 225-251-47, Related Files: Tentative Tract 15866 and Variance 00-05. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15866 — FIELDSTONE — A residential subdivision for 24 single family lots, plus a separate lot for future expansion of GTE facilities, on 8 acres of land in the Low Residential District (2 to 4 dwelling units per acre), located at the southeast comer of Milliken Avenue and Vintage Drive - APN: 225-251-47. Related Files: Development Review 00-52 and Variance 00-05. F. VARIANCE 00-05—FIELDSTONE—A request to increase permissible wall height from 6 feet to 10 feet to mitigate Route 30 noise for future homes within Tentative Tract 15866 on 8 acres of land in the Low Residential District (2 to 4 dwelling units per acre), located at the southeast comer of Milliken Avenue and Vintage Drive-APN: 225-251-47. Related Files: Tentative Tract 15866 and Development Review 00-52. Brent Le Count, Associate Planner, presented the staff report and reported that a few minutes before 5:00 p.m., staff had received a letter from U. S. Fish and Wildlife Service requesting protocol surveys for the California gnatcatcher and trappings for the San Bernardino kangaroo rat. He stated that staff had reviewed the letter and continues to recommend approval of the project because the letter contains no evidence of occupation of the site by the gnatcatcher or kangaroo rat, only opinions. Chairman McNiel asked if approval by the Commission would put the City in a vulnerable position. Kevin Ennis, Assistant City Attorney, stated that if the letter had contained specifics, it would be appropriate to continue the matter and ask the applicant to respond. He said that in reviewing the letter, he felt that Fish and Wildlife indicated general concem and gave no specific facts of likelihood that the species are present on site. He did not feel the letter provides specific information that would put the City at risk. Dan Coleman, Principal Planner, noted that the letter stated a general concern and said there had been a sighting in near proximity; however, the nearest sighting was north of Banyan, over a mile away and the area is fully developed between the sighting and the project location. Chairman McNiel opened the public hearing. Planning Commission Minutes -3- September 13, 2000 Jo Domingo, Fieldstone Communities, 14 Corporate Plaza, Newport Beach, thanked staff for assistance in processing the project. She stated they had reviewed the conditions and agreed to comply. She said he was available to answer questions. Hearing no further testimony, Chairman McNiel dosed the public hearing. Motion: Moved by Macias, seconded by Stewart, to issue a Negative Declaration and adopt the resolutions approving Tentative Tract 15866, Development Review 00-52, and Variance 00-05. Motion carded by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carried G. MODIFICATION TO CONDITIONAL USE PERMIT 97-23 — LAKEES (TWINS SPORTS BAR AND GRILL) —A request to increase hours of operation for a previously permitted restaurant with sports bar/grill including entertainment, dancing, amusement devices (pool tables, dart boards) and on site consumption of alcoholic beverages, within an existing 7,930 square foot building in Community Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located at 10134 Foothill Boulevard - APN: 1077-601-07. Related file: Entertainment Permit 00-02. H. MODIFICATION TO CONDITIONAL USE PERMIT 97-23 — LAKEES (TWINS SPORTS BAR AND GRILL) —A request to increase hours of operation for a previously permitted restaurant with sports bar/grill including entertainment, dancing, amusement devices (pool tables, dart boards) and on site consumption of alcoholic beverages, within an existing 7,930 square foot building in Community Commercial designation (Subarea 3) of the Foothill Boulevard Specific Plan, located at 10134 Foothill Boulevard - APN: 1077-601-07. Related file: Entertainment Permit 00-02 Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel asked if staff had received a letter from Best Westem Hotel in support of the project. Mr. Le Count responded he had not seen the letter. Commissioner Stewart asked if recent crime statistics were available. Mr. Le Count replied some could be available within four weeks. Ms, Stewart indicated she would like to see an up-to-date review. Commissioner Macias asked if crime statistics would be for a % mile radius. Mr. Le Count responded affirmatively. Dan Coleman, Principal Planner, stated that both sets of crime statistics within the staff report are for single calls for service,with the statistics on Page G-H 37 being for calls on site and those on Pages G-H 21 to 23 being for a ''/ mile radius. Planning Commission Minutes -4- September 13, 2000 Commissioner Macias requested clarification of the complaints. He asked the duration of time that occurred from when the City received complaints and the applicant attempted to address the issues. Mr. Le Count responded that staff investigated the complaints and felt that the complaints had not been fully addressed. Commissioner Stewart noted that Mr. Guidera had requested a wall. She asked if the wall had been built. Mr. Le Count responded that Mr. Guidera was talking about the east property line,where a chain link fence is currently in place. He said Mr. Guidera feels that a chain link fence allows over spray but a solid wall would prevent this. He said there is a rusty old chain link fence on Mr. Guidera's property that he would not allow to be removed when the Twins built their new fence. Commissioner Stewart asked if there is a security camera located outside. Brad Buller, City Planner, replied that there is a camera, but staff did not know if it is operative. Chairman McNiel opened the public hearing. Robert Lakees, Twins Club, 9086 Hillside Road, Rancho Cucamonga, thanked Mr. Buller and staff for advice and assistance . He said they had opened for business in January and he runs a tight ship. He stated he believes in maintaining a good neighborhood relationship. He observed that one of Mr. Guidera's complaints was of beer bottles and cans and wine bottles being discarded on his property and reported that they do not sell beer and wine for take out. He said his security staff now walk the easterly border to see if anything has been thrown there. He reported that he keeps a diary of everything that happens. He did not believe any police reports had been filed from the club. He noted that the Calls for Service report indicated there had been an Assault with a deadly weapon call on May 5, 2000; however said the Sheriff has indicated no report was filed that night. He said on May 5, his security staff indicated the Police responded to a call of subjects fighting in the dub and it was determined that the call was really for the cantina down the street. He said they are only open three nights a week. He indicated they have had problems with landscaping and read a letter of apology from his landscape contractor indicating that company had fired its crew and hired a new crew. Mr. Lakees stated he wants a nice place. He showed pictures from the site and indicated some of the problems on the site have come about as a result of the construction activity on Foothill Boulevard. He said they have replanted bushes to replace those that had died and said he intends to put in more landscaping. He indicated the irrigation system had been repaired and did not believe they are over spraying. He stated that only one person had complained to the City about noise and said City staff had visited four or five times to measure noise levels and not detected any noise above the standards. He said they had received no complaints from the hotel next door or the houses on Hermosa which are closer than the resident on Stafford Street who had complained. Commissioner Stewart asked if there is a working video surveillance camera and valet parking. Mr. Lakees responded they have a camera and previously had valet parking but stopped because their clientele found it too expensive. Chairman McNiel asked why they are only open three nights a week. Mr. Lakees replied it is hard to be open when they have to close at midnight because clients don't normally go to a nightclub until 10:30 to 11:00 p.m. Planning Commission Minutes -5- September 13, 2000 Chairman McNiel felt that during the week, people normally have dinner early and business would generally die down well before midnight because most people have to go to work the next day. Commissioner Macias noted that staff had made the statement that they are not comfortable that all the issues have been addressed. Mr. Lakees said he did not blame staff for that statement. He believed that on the three-day holiday, his staff was too stretched. He said trash had accumulated because the rubbish company had applied their payments to the motel and stopped their trash pickup and that problem had been resolved within the last week. He stated his clientele is 28 to 30 years old and they like to stay up late. He said he normally closes at 9:00 to 9:30 p.m. and felt he could do better if he were allowed to stay open later. Rebecca Vasquez, Sales Manager, Best Westem Heritage Inn, 8179 Spruce Avenue, Rancho Cucamonga, submitted a letter from Liko Smith, the manager, supporting the applicant's request. The letter stated that Twins caters to a more upscale clientele and that the hotel personnel could not comfortably refer their clients to other bar/nightclubs in Rancho Cucamonga because of questionable clientele at the other clubs. Chairman McNiel asked what establishments have questionable clientele. He said he had visited many of the establishments and hadn't seen questionable clientele. Ms. Vasquez suggested Mr. Smith may be referring to Cantina and Margaritaville. She said that Twins is 21 and over and Margaritaville sometimes allows younger patrons. She also stated it is possible to carry on a conversation at Twins. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Stewart requested that staff contact the Alcohol Beverage Control Board to see if there were any violations in addition to obtaining updated information on Police calls for service. She agreed with staff that additional time is needed. She pointed out that staff had indicated it was not comfortable that issues had been addressed, and the applicant had indicated that steps had been taken only last week with regard to the landscaping and trash. She felt the property owners should be more reactive. Commissioner Macias did not buy the argument that things would change if they could be open until 2:00 a.m. when they are now closing by 9:00 or 10:00 p.m. even though they have the ability to be open until midnight. He felt the applicant may be sincere in his desire to make things better but he did not feel a 30-day continuance was sufficient to see if things improve. He said the applicant had indicated he intends to put in better landscaping. He suggested that the item be continued for three months at which time they could look at the improvements the applicant has made and review information submitted by the Police. He said problems had been noted earlier and the applicant hadn't addressed those problems until immediately preceding tonight's meeting. He felt a longer continuance would mean more to the people who have complained and would allow time to see if things have improved. Chairman McNiel stated he saw things differently. He noted the application had triggered community notification, which triggered complaints, which triggered property inspection. He questioned if the people would have complained if there had not been an application. Commissioner Macias acknowledged they may not have complained, but said that is the process. Planning Commission Minutes -6- September 13, 2000 Chairman McNiel said it is a Code enforcement issue with respect to the complaints regarding maintenance. He concurred with Commissioner Macias that the ability to remain open until 2:00 a.m.would probably not increase business that much and they would still find business slacking off by 9:00 to 10:00 p.m. He said he wanted the business to survive and succeed. Motion: Moved by Macias, seconded by Stewart, to continue Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02 for three months to December 13, 2000. Mr. Buller indicated that the Assistant City Attomey advised that under the streamlining act, the matter should probably not be continued for longer than 60 days to November 8, 2000. Commissioner Macias was willing to support a 60-day continuance and changed his motion to continue the matter until November 8, 2000. Commissioner Stewart modified her second to continue the items until November 8, 2000. Chairman McNiel felt the Commission should look at the situation. He noted that Mr. Guidera had requested a wall between the two properties. He asked if the City could impose that requirement or if a water deflection device might work. Mr. Buller indicated that staff would not support a wall. He felt the sprinkler heads could be redirected. He reported that staff had visited the site to observe the sprinkler operation but they could not be tumed on at that time. Chairman McNiel observed that Mr. Guidera had complained about a light issue at another location in the past and he was not sure the light matter could ever be resolved to Mr. Guidera's satisfaction. He reopened the public hearing. Mr. Lakees said that the light shines only on his property in their parking lot. He said there is a wall they were required to build. He did not object to moving sprinkler heads. He noted the Commissioners had indicated there would be no additional business if they are allowed to remain open until 2:00 a.m. and said that his clientele is a younger crowd and some do not work during the week. He stated that a 60-day continuance would be a problem because the business is struggling. Commissioner Macas asked if the applicant could appeal a Planning Commission decision to continue the matter. Kevin Ennis, Assistant City Attorney, stated the applicant could not appeal until a final action is taken; therefore a continuance could not be appealed. Commissioner Macias asked if staff could bring the matter back sooner if it felt the issues had been addressed. Mr. Buller indicated the matter would have to be re-advertised, thus delaying the return. Chairman McNiel suggested the items be continued 30 days, as recommended by staff. He said it could then be continued another 30 days. He stated he wants the business to succeed. He did not feel the complaints are overwhelming and felt the City would know if there were a major problem. Commissioner Macias stated his motion to continue to November 8 stood. Commissioner Stewart said she would withdraw her second if the matter could be brought back in 30 days and then continued another 30 days if necessary. Planning Commission Minutes -7- September 13, 2000 The motion to continue Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02 to November 8, 2000, died for a lack of a second. Motion: Moved by Stewart, seconded by McNiel, to continue Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02 to October 11, 2000. Motion carried by the following vote: AYES: MCNIEL, STEWART NOES: MACIAS ABSENT: MANNERINO, TOLSTOY - carried • I. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-15—FARMER BOY'S RESTAURANT — The development of a 2,825 square foot fast food restaurant, with a 570 square foot outdoor eating area and a drive-thru, on approximately 1 acre of land in the Industrial Park District(Subarea 7)of the Industrial Area Specific Plan, located on the south side of Foothill Boulevard, east of Milliken Avenue - APN: 229-011-25, 31, and 32. Related File: Development Review-99-11 (Catellus Master Plan). Brent Le Count, Associate Planner, presented the staff report and indicated that at 4:58 p.m., staff received a letter from U. S. Fish and Wildlife Service recommending protocol surveys be conducted for the California gnatcatcher and San Bernardino kangaroo rat. He reported that species survey were done in connection with the Lowes project and no species were found. Commissioner Macias asked why the City was getting so many letters from the U.S. Fish and Wildlife Service at the last minute . Brad Buller, City Planner, responded that the City is seeing a pattern in letters, in that they are relative to the Multi-Species Habitat Conservation Plan. He said there is great interest in establishing a replacement ratio. He said the City has not found evidence of the need to require mitigation. Commissioner Macias observed their office has a new administration so this is probably their new style. Chairman McNiel opened the public hearing. Joe Mineo, Farmer Boy's Food, 3435 14th Street, Suite 102, Riverside, thanked staff for its assistance. He accepted the conditions of approval and said he was available to answer questions. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Stewart stated that most of the Commissioners had reviewed the project at the Design Review Committee level. She commended the applicant. Motion: Moved by Stewart, seconded by Mannerino, to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit 00-15. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carried Planning Commission Minutes -8- September 13, 2000 NEW BUSINESS J. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 99-77-CABOT—A request to construct a 640,300 square foot industrial building on 27.75 acres of land in the General Industrial District (Subarea 5) of the Industrial Area Specific Plan, located at the southeast corner of Hermosa Avenue and 6th Street—APN: 210-072-14,25, 30, and 37 and 210-371-08. Rudy Zeledon, Assistant Planner, noted that the description should have included a reference to Tree Removal Permit 00-37 and suggested that the resolution be modified to approve Tree Removal Permit 00-37. Chairman McNiel invited public comment. Darrell Butler, Cabot Industrial Trust, 3685 Main Street, Suite 220, Riverside, stated that the project was improved as a result of going through the planning and Design Review processes. He thanked the City for that and said they accept the conditions. There were no additional comments. Chairman McNiel felt the applicant has done a good job on all its projects. Motion: Moved by Macias, seconded by Stewart, to issue a Negative Declaration and adopt the resolution approving Development Review 99-77. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carried DIRECTOR'S REPORTS K. DIRECTOR'S REPORT 00-02 — R. G. DEVELOPMENT CO. — A request to consider adding Public Storage as a Permitted Use in the Industrial Park District (Subarea 17) of the Industrial Area Specific Plan. Emily Wimer, Assistant Planner, presented the staff report. Chairman McNiel invited public comments. There were none. Motion: Moved by Macias, seconded by Stewart, to direct staff to initiate an amendment upon submission of a formal application and fees. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART NOES: NONE ABSENT: MANNERINO, TOLSTOY - carried PUBLIC COMMENTS There were no public comments at this time. I Planning Commission Minutes -9- September 13, 2000 COMMISSION BUSINESS Chairman McNiel indicated he received a call from Gino Filippi indicating they were crushing grapes this week and inviting the Commissioners to visit. ' ADJOURNMENT Motion: Moved by Stewart, seconded by Macias, carried 3-0-2 (Mannerino, Tolstoy absent) to adjourn. The Planning Commission adjourned at 8:25 p.m. to a workshop immediately following in the Rains Room regarding Pre-Application Review 00-09 regarding Lifeway Church. The workshop adjourned at 9:10 p.m. and those minutes appear separately. Respectfully submitted, Bra ler V Secretary Planning Commission Minutes -10- September 13, 2000