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HomeMy WebLinkAbout2000/10/11 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting October 11, 2000 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:06 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: Shonda Bello, Planning Aide; Brad Buller, City Planner, Dan Coleman, Principal Planner, Kirt Coury, Associate Planner, Kevin Ennis,Assistant City Attorney; Nancy Fong, Senior Planner, Dan James, Senior Civil Engineer, Brent Le Count, Associate Planner; Gail Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that staff received a call earlier in the day from the applicant for Items D and E, indicating that he could not attend tonight's meeting and planned to withdraw the application. He stated staff would like a continuance to allow time for the applicant to submit his withdrawal request in writing. APPROVAL OF MINUTES Motion: Moved by Stewart, seconded by Macias, carried 3-0-2 (Mannerino, Tolstoy abstain), to approve the minutes of September 13, 2000. Motion: Moved by Macias, seconded by Mannerino, carried 5-0, to approve the minutes of September 27, 2000. CONSENT CALENDAR A. VACATION OF VEHICULAR ACCESS RIGHTS AT THE SOUTHEAST CORNER OF ARROW HIGHWAY AND MILLIKEN AVENUE FOR NEW DRIVEWAY LOCATIONS — V-170 — Parcel Nos. 10, 12, 14, 15, 18, 19, and 20 of Parcel Map No. 11891. Related File: Development Review 99-55. Motion: Moved by Tolstoy, seconded by Stewart, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS B. 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 the 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. (Continued from September 13, 2000) C. ENTERTAINMENT PERMIT 00-02—LAKEES(TWINS SPORTS BAR AND GRILL)—A request to increase hours of operation for entertainment including, but not limited to, D. J. music, dancing, satellite television, and amusement devises (pool tables, dart boards), in conjunction with a bar and restaurant in the Community Commercial designation(Subarea 3)of the Foothill Boulevard Specific Plan, located at 10134 Foothill Boulevard - APN: 1077-601-07. Related file: Conditional Use Permit 97-23. (Continued from September 13, 2000) Commissioner Mannerino recused himself because he legally represents the owner on another matter. Brent Le Count, Associate Planner, presented the staff report. He indicated the applicant had worked diligently to clear up the issues discussed at the previous meeting. Commissioner Tolstoy asked why there was a chain link fence on the east property line. Mr. Le Count indicated that when the Planning Commission approved the project, it permitted a chain link fence in areas that would not be visible to the street. Commissioner Tolstoy asked for clarification that the chain link fence is from the end of the building going north while wrought iron is to the south of the building. Mr. Le Count confirmed that was correct. Chairman McNiel opened the public hearing. Robert Lakees, 111655 Sienna Drive, Rancho Cucamonga, believed they had addressed all of the issues raised at the previous meeting. He said they fixed the trash enclosure door, planted shrubs and bushes, spread mulch, fixed the irrigation system, and re-aimed the lighting fixture. Commissioner Stewart asked if he was willing to share information regarding the Alcoholic Beverage Control matter referenced in the staff report. Mr. Lakees replied they had a million dollar promotion in conjunction with the Quakes baseball team. He indicated they distributed tickets at the bar and a name was selected during the 7th inning stretch for an opportunity to win$1 million. He stated that three weeks into the promotion, he was contacted by the Alcoholic Beverage Control people and told it was considered a form of gambling and therefore illegal. He said he immediately contacted the Quakes and dropped out of the promotion. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Tolstoy indicated he had no problem with extending the hours. He reported that while visiting the site, he noticed a lot of papers strewn around the market and watched as gusts of wind carried the papers across the parking lot to the Twins Sports Bar and Grill. He thought it would be good to have some type of containment around the market. He asked if there is enough light in the parking lot for safety purposes. Planning Commission Minutes -2- October 11, 2000 Mr. Lakees replied he has the electrical plans and they have the proper foot candles according to what was approved. He indicated they want to enhance the lighting on the building and said it would not shine toward the east. He reported they have addressed the paper litter problem by having their janitorial service clean anything along the fence to the east. Commissioner Tolstoy expressed appreciation and said the business is a nice one. Commissioner Stewart felt the applicant had made a good faith effort to address the issues. Motion: Moved by Stewart, seconded by Tolstoy,to adopt the resolutions approving Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE ABSTAIN: MANNERINO - carried D. CONDITIONAL USE PERMIT 97-38 MODIFICATION—CLUB MATRIXX—A request to expand the hours of operation for a nightclub and restaurant within the Thomas Winery Plaza, in the Specialty Commercial District of the Foothill Boulevard Specific Plan, located at 8916 Foothill Boulevard —APN: 208-101-23. (Continued from September 27, 2000) E. ENTERTAINMENT PERMIT 97-04 MODIFICATION — CLUB MATRIXX—A request to modify conditions of approval regarding hours of operation, entertainment uses,and ages of patrons for a nightclub and restaurant within the Thomas Winery Plaza, located at 8916 Foothill Boulevard- ' APN: 208-101-23. (Continued from September 27, 2000) Chairman McNiel observed that the applicant had telephoned and indicated a desire to withdraw the application. He opened the public hearing. There were no comments. Motion: Moved by Mannerino, seconded by Stewart, to continue Conditional Use Permit 97-38 and Entertainment Permit 97-04 to October 25, 2000. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09—PATAIL—The development of a 10,944 square foot church with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road — APN: 202-242-09. Kid Coury, Associate Planner, presented the staff report. He indicated that staff received two telephone calls in late July from residents opposing the project with concerns regarding traffic impacts, visual impacts, and operational impacts to the neighborhood. He reported that the Commissioners also had a copy of a letter submitted earlier in the day opposing placement of a •church within a residential neighborhood. Chairman McNiel opened the public hearing. Shoaib Patail, 5538 Vinmar Avenue, Rancho Cucamonga, stated that school classes would be held only on Sundays. Planning Commission Minutes -3- October 11, 2000 Commissioner Tolstoy asked what roll the minarets would play when the project is completed. He said he has been in countries where the church is very prominent and the minarets are used to call people for worship. He felt that would not be desirable in this neighborhood. Mr. Patail responded it is a religious symbol but would not have any sound impacts with the minarets or a microphone through them. He confirmed that minarets are used for that purpose in many countries, but said they abide by City requirements for all the churches built in the United States and Europe. He stated the building will also be soundproofed and no loudspeakers will be used. Commissioner Stewart asked the size of the congregation. Mr. Patail replied that it varies with 80 to 100 people coming on Fridays, which is their Sabbath. He indicated that it varies up to 25 people during the rest of the week but more on Sundays with parents dropping off their children for school. He said there should not be a major crowd bothering the neighbors. Commissioner Stewart asked how long the church has existed. Mr. Patail indicated they currently rent meeting space at the Lions Center on Fridays from 12:00 noon to 2:30 p.m. and on Sundays for approximately 4 hours for religious school. He said they have been at the Lions Center for almost a year. He remarked they previously met in a warehouse on Feron Boulevard for more than 9 years. He suggested contacting the Lions Center and said they conduct themselves in a very organized fashion. Chuck Horton, 7097 Lion Street, Rancho Cucamonga, stated he did not know too much about the project. He observed that the applicant had said the congregation is about 80 people and he wondered why such a small congregation would need to build an 11,000 square foot church. He questioned if the increased traffic was considered as part of the environmental review. He commented that the newspaper had run a picture about the "parking lot on Base Line Road" in Claremont. He said that Base Line Road at Hellman Avenue,Archibald Avenue, and Beryl Street is also a parking lot on a daily basis in the evening for people coming home. He felt the environmental impact should consider the increase in traffic. Joy Perdeu, 7236 Hellman Avenue, Rancho Cucamonga, stated she lived there for 40 years and enjoyed her privacy. She stated that she and her neighbors have been using the property over the years to access their back yards, She asked how the fire department would get back there if there was a bad fire. She said they have a peaceful,family neighborhood and they don't want anything to disturb it. Commissioner Tolstoy observed there is an established church at the corner and he asked if that church had impacted them. Ms. Perdeu replied there has been only one problem with the church in that people think they can get to the church from Hellman Avenue. She said when they realize they cannot get to the church from Hellman, they use her driveway to turn around. She stated that when the storm drain was put down Hellman Avenue, they were promised double lines would be painted on the street but that was not done. Jody Taylor, 7234 Hellman Avenue, Rancho Cucamonga, stated she has lived on Hellman her entire life and her back yard is right where the church would be. She said she was not opposed to a church but wanted the church moved to be up at Base Line Road with parking behind it. She was not sure if there is an easement over the property to access back yards, but she stated that for approximately 40 years the houses along Hellman have had gates and could pull off Base Line Road and drive to their back yards. She didn't know if it was in a deed but she thought it had become like an easement because they had done it for so long. She said she has small children. Planning Commission Minutes ..4. October 11, 2000 Hearing no further testimony, Chairman McNiel closed the public hearing. Brad Buller, City Planner, asked if the applicant had ever considered putting the church closer to Base Line Road with parking in the rear. Mr. Coury responded that the matter had been discussed with the applicant when the project was initially submitted, but the applicant felt they could get better access and on-site circulation from the existing driveway approach in the front. Mr. Buller said the codes require a certain amount of parking in relationship to the square footage of the main sanctuary. He observed that the church is planning to build the project in phases. He said they plan to occupy the existing structures in the front of the property and build a parking lot and then eventually build the back portion. He thought a big part of the consideration was the phasing so that there would not be complete downtime caused by taking down a building and building another. He said in either case there would be some building in the back. He thought the church was trying to construct it in phases that it could financially handle. Regarding the traffic issue, Mr. Buller stated the environmental review included an analysis of the amount of traffic on the street as well as what would be coming in and out of the property and the driveway location. He acknowledged that Base Line Road is a busy street, but said it was believed the amount of traffic generated could safely be handled because of the size of the property and the location of the driveway. Regarding having a church in a residential neighborhood, Mr. Buller indicated it is not uncommon to have churches locate in neighborhoods. He said staff is pleased that the church is taking access from Base Line Road whereas in some neighborhoods access is taken from local streets within the neighborhoods. With respect to the question regarding the size of the church, he believed the church was forecasting the growth they are hoping for, not necessarily what they are today. He said the church would be limited in size by the amount of parking available on site. Regarding the question about access to the rear yards of lots along Hellman Avenue, he said that would be a legal matter for the courts to decide if there are prescriptive rights over the property and the Planning Commission would have no jurisdiction in that regard. He noted that the fire department had reviewed the project and found the setbacks and access to the site to be satisfactory for the purposes of fire protection to the site. He said that fire access to the yards of the properties that front Hellman Avenue would be from Hellman Avenue. Kevin Ennis, Assistant City Attomey, concurred with Mr. Butler's explanation regarding the legal access. Chairman McNiel recalled there was a phasing issue with respect to the placement of the building in the back and the use of the buildings in the front on an interim basis until they grow to a point where they can construct the building in the back. With respect to traffic congestion on Base Line Road,he stated that the traffic is compounded at certain times of the day by virtue of the proximity of the high school and that all east-west routes are currently jammed and will be that way until the new freeway opens up. He felt that a lot of the traffic will be lifted from the surface streets when the freeway opens. Commissioner Stewart stated the project went through the Design Review process twice because it had several major issues when it was first presented with one of those issues being fire access. She felt the applicant was very cooperative in working with the City in resolving the issues. She said the project had been reviewed a number of times before getting to the Planning Commission meeting. She noted it is a conditional use permit, meaning that it can be brought back before the City Planner if problems arise. She felt they will be good neighbors and said they have worked diligently to this point. Chairman McNiel stated a lot of church applications have been processed during his time on the Planning Commission and churches by and large are a very good thing because they provide a place Planning Commission Minutes -5- October 11, 2000 for people to gather and get to know each other. He said quite often the surrounding residents voice concerns but then find that they are better neighbors than other uses, even housing. Commissioner Mannerino stated that based upon the time spent on the project by Commissioners McNiel, Mannerino, and Stewart at the Design Review Committee level, he would make a motion to approve the project. Commissioner Macias stated he felt compelled to respond to a statement made in the letter of opposition to the project indicating that the City wants"to keep the good old American values that we treasure so much." He felt there is nothing more American than religious worship. He thought the project is good for the City and the church would become part of the City. He seconded the motion. Commissioner Tolstoy felt it is imperative that churches grow and that they be where the people are, which is in residential neighborhoods. Motion: Moved by Mannerino, seconded by Macias,to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit 00-09. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried The Planning Commission recessed from 7:53 p.m. to 7:58 p.m. DIRECTOR'S REPORTS G. PRELIMINARY REVIEW 00-12 - ETIWANDA SCHOOL DISTRICT- A review of the proposed site acquisition of an additional 2.12 acres of land for an elementary school site, for a total of 12.12 acres, located in the Low-Medium Residential District(4-8 dwelling units per acre)of the Etiwanda Specific Plan (ESP) on the east side of Etiwanda Avenue, at Craig Drive, north of Base Line Road -APN: 227-131-20. Alan Warren,Associate Planner, presented the staff report and said he had received a telephone call from Superintendent Golden earlier in the day indicating that he could not be here this evening because of a last minute conflict. Chairman McNiel invited public comment, but there was none. Commissioner Tolstoy supported staffs comments. Motion: Moved by Mannerino, seconded by Macias, to support staffs recommendation and direct staff to forward comments to the School District. 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. Planning Commission Minutes -6- October 11, 2000 COMMISSION BUSINESS Brad Buller, City Planner, indicated that the General Plan Task Force agenda packet had been given to all Planning Commissioners. He said he was available to discuss the information with any of the Commissioners. Following a discussion regarding Thanksgiving week availability, it was the consensus of the Commission that an adjourned Meeting would be held on Tuesday, November 21, in lieu of the regularly scheduled meeting on November 22, 2000. ADJOURNMENT Motion: Moved by Mannerino, seconded by Macias, carried 5-0, to adjourn. The Planning Commission adjourned at 8:08 p.m. to a workshop. The workshop adjourned at 10:00 p.m. and those minutes appear separately. Respectfully submitted, sae. dre. ' Sr -t y ler Secc retaa ry Planning Commission Minutes -7- October 11, 2000