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HomeMy WebLinkAbout1999/03/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting March 10, 1999 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; Michael Estrada, Deputy City Attorney; Nancy Fong, Senior Planner; Donald Granger, Planning Technician; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Salvador Salazar, Associate Planner; Gall Sanchez, Planning Commission Secretary; Rebecca Van Buren, Associate Planner; Alan Warren, Associate Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that a Kids Neighborhood Workshop had been held earlier in the day and had been taped to be shown at the National American Planning Association Conference where Principal Planner Dan Coleman would be receiving a national award for designing the program. Mr. Buller reported that the City of High[and would be hosting a presentation on economic incentives for historic preservation on Thursday, March 18 from 6 to 8 p.m. He asked if any Commissioners would like to attend. Commissioner Stewart indicated a desire to attend. Mr. Bullet reported that the applicants for Items E and F had each submitted requests for continuance. APPROVAL OF MINUTES Motion: Moved by Mannerino, seconded by Stewart, carried 3-0-0-2 (Macias and Tolstoy abstain), to approve the minutes of February 24, 1999. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 99-01 - CITY OF RANCHO CUCAMONGA - An application to change the General Plan land use designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for 17.85 acres located at the northeast comer of Highland and Lemon Avenues - APN: 201-272-17 and 18. B. ENVlRONMENTALASSESSMENTAND DEVELOPMENT DISTRICTAMENDMENT 99-01 - CITY OF RANCHO CUCAMONGA - An application to change the Development District zoning designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for 17.85 acres located at the northeast corner of Highland and Lemon Avenues - APN: 201-272-17 and 18. Alan Warren, Associate Planner, presented the staff report. Chairman McNiel opened the public hearing. There was no testimony and he closed the hearing. Motion: Moved by Stewart, seconded by Tolstoy, to recommend issuance of a Negative Declaration and to adopt the resolutions recommending approval of General Plan Amendment 99-01 and Development District Amendment 99-01. Motion carried by the following vote: AYES: MAClAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried OLD BUSINESS C. DEVELOPMENT/DESIGN REVIEW 98-23 TRACT 15727- PHASES 3,4,5,6,7 AND 8 - GRIFFIN INDUSTRIES, INC. - A design review application to amend the development standards for Phases 4, 5, 7, and 8 of previously approved Amended Tentative Tract 15727 consisting of 339 (formerly 342) single family lots in the Low-Medium Residential District (4-8 dwelling units per acre) and authorize the use of the Development Code optional standards, on 82 acres located between Fourth and Sixth Streets, adjacent to the Cucamonga Creek Flood Control Channel -APN: 210-062-02, 11, 13, 17, 18, 19, 26, 32, and 33. Related files: Lot Line Adjustment No. 404 and Development/Design Review 98-21, and 98-16. NEW BUSINESS D. DEVELOPMENT/DESIGN REVIEW 99-07 FOR TRACT 15727-PHASES 4,5,7 AND 8 - GRIFFIN INDUSTRIES - A review of the precise site plan and building elevations for 154 single family units in phases 4, 5, 7, and 8 o1' amended Tentative Tract 15727, consisting of 339 (formerly 342) single family lots in the Low-Medium Residential District (4-8 dwelling units per acre) on 82 acres of land located between Fourth and Sixth Streets. adjacent to the Cucamonga Creek Flood Control Channel - APN: 210-02-02, 11, 13, 17, 18, 19, 26, 32, and 33. related Files: Lot Line Adjustment No. 404 and Development/Design Review 98-23, 97- 12, and 98-16. Planning Commission Minutes -2- March 10, 1999 Salvadore Sa~azar, Associate Planner, presented the staff report and noted that additional floor plans and building elevations were placed in front of the Commissioners. He noted that they were the same as those reviewed by the Design Review Committee on February 16. Richard Nieo, Griffin Industries, 24005 Ventura Boulevard, Calabasas, thanked staff and the Design Review Committee for working with them. He believed they were improving the project by adding larger plans to meet the increasing demand for higher quality in the community. Hearing no further testimony, Chairman McNiel closed the public hearing Motion: Moved by Mannedno, seconded by Stewart, to adopt the resolution approving Development/Design Review 98-23 and Development Design Review 99-07. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried Chairman McNiel felt the project is a good one and that the developer had done a fine job. E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 99-05 - C~UtKSET - A request to review a master plan of development for a concrete and plastic products manufacturer for a total of 161,400 square feet of office and manufacturing buildings on a 40-acre site within the Heavy Industrial District (Subarea 15) of the Industrial Area Specific Plan, located at 12167 Arrow Route - APN: 229-121-15. Brad Buller, City Planner, explained that the applicant had submitted a letter requesting that the matter be continued to the next Planning Commission meeting, which would be held on March 23, 1999. Motion: Moved by Stewart, seconded by Tolstoy, to continue Environmental Assessment and Development Review 99-05 to March 23, 1999. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS F. APPEAL OF A SIGN PERMIT NO. 98-30 - FLORES - An appeal of the City Planner's decision regarding a wall price sign for Vineyard Shell, a service station and mini-market in the Community Commercial district (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Vineyard Avenue - APN: 208-192-06. Brad Buller, City Planner, reported that the applicant had submitted a letter requesting a continuance to Apd128, 1999. He observed that the matter was before the Planning Commission as the result of installation of an illegal sign and subsequent code enforcement action. He Planning Commission Minutes -3- March 10, 1999 indicated that if the matter were extended to April 28, as requested by the applicant, it would extend the time that the sign would be left up with code enforcement action being held in abeyance. Commissioner Mannedno asked if the Commission could continue the matter for a shorter period of time. Michael Estrada, Deputy City Attorney, responded that the Commission did not have to continue the matter at all and could certainly continue it to an earlier date. Commissioner Mannerino suggested that the item be continued to the next meeting. Chairman McNiel asked why the applicant wanted a continuance. Mr. Bullet replied that the applicant indicated they wanted time to prepare an appeal. Commissioner Mannerino suggested the matter be continued to March 23 and ask that the applicant have someone present at that meeting to explain any need for a further continuance. Motion: Moved by Mannedno, seconded by Macias, to continue Appeal of Sign Permit No. 98-30 to March 23, 1999. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried G. APPEAL OF A SIGN REQUEST WITHIN UNIFORM SIGN PROGRAM NO. 85 - FUNCOLAND - An appeal of the City Planneds decision regarding a wall sign for Funcoland, a retail store within the Terra Vista Towne Center in the Community Commercial District of the Terra Vista Community Plan, located at 10730 Foothill Boulevard, Suite #140 APN: 1077- 421-75. Nancy Fong, Senior Planner, presented the staff report. Commissioner Mannerino asked if staff had seen the approved trademark registration. Ms. Fong replied that none had been submitted. Chairman McNiel invited public comment. David Bliss, Outdoor Advertising & Lighting, 9461 Grindlay Street, #220, Cypress, provided a copy of the trademark registration indicating that the mark is lined for the colors of yellow, orange, green, blue, and red. He requested that they be able to use their registered trademark. He noted that the staff report suggested that the letters be all one color with a reduced logo box including the colors. He felt it would be redundant to have a sign reading Funcoland Funcoland. Chairman McNiel asked the type of business. Mr. Bliss responded that it is a retail store selling game software. He showed a copy of one of their advertisements which included their five colors. Planning Commission Minutes -4- March 10, 1999 Commissioner Stewart asked if the applicant had looked at staff's suggestion. Mr. Bliss replied that his company was hired to apply for the permit and do the sign installation. He stated that Funcoland wants to use their nationally recognized colors. Brad Bullet, City Planner, stated that the Sign Ordinance allows Iogos to be multicolors but it was not staff's intention to have Funcoland Funcoland on the same sign. He said staff was suggesting that the colors could be incorporated into a logo box. Mr. Bliss responded that would not be acceptable to Funcoland. He felt they would not be getting the identification they deserve. Chairman McNiel asked why separate colors are necessar~ since there are no other companies named Funcoland in the area. Commissioner Macias asked if the store is currently in operation. Ms. Fong replied affirmatively. Mr. Bullet observed that the rules of the sign program were in place and known by both Lewis Homes and Funcoland, but the illegal sign was installed in spite of the rules. Jeremy Rodriguez, 10400 Arrow Route, K-9, Rancho Cucamonga, stated he is the store manager. He reported that the store has been in operation since September. He requested that they be allowed to keep the multi-colored, sign and said many people know the store by its logo. Headng no further testimony, Chairman McNiel closed the public hearing. Chairman McNiel asked what position the City could take with respect to trademarks, the Sign Ordinance, and the sign program for the center. Michael Estrada, Deputy City Attorney, stated he was not aware that the City's Sign Ordinance expressly authorizes trademarks. He said there is no requirement that trademarks be allowed on signs or as part of signs; however, if trademarks are permitted, the City cannot require a change to the trademark. Mr. Bullet confirmed that there is no provision in the Sign Ordinance to authorize trademarks. Commissioner Mannerino thought the City Council had already dealt with the issue. Chairman McNiel stated the City had dealt with the issue a number of times and always with the same issues. He said the sign program had been in place for 8 to 10 years and a certain integrity has been maintained in the sign program. Mr. Bullet observed that the matter had been reviewed during the last review of the sign program and Lewis had specifically requested approval for this sign and it was denied. Commissioner Mannerino commented that the applicant was told before the sign was ordered and in place. Mr, Bullet noted there had been several other requests from tenants for trademarks and they were denied. Planning Commission Minutes -5- March 10, 1999 Commissioner Macias observed that the sign is not in compliance with the Sign Ordinance and was installed in violation of the Ordinance. He commented that if the Commission allows the sign, it would set a precedent. Motion; Moved by Macias, seconded by Tolstoy, to deny the appeal and uphold the City Planner's decision denying the sign request within Uniform Sign Program No. 85. Commissioner Stewart observed that she had driven through the center and the store is small and has another neon sign in the window with the identical colors. She noted the store cannot be seen from Foothill Boulevard because it is set back behind another store. Commissioner Macias noted that the neon sign is also illegal. The motion to deny the appeal was carded by the following vote: AYES: MACIAS, MANNER~NO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carried H. COUNTY REFERRAL CR99-01 - COUNTY OF SAN BERNARDINO SPHERE OF INFLUENCE GENERAL PLAN POLICIES AMENDMENT (Ref. County Application No. GPA/CW1-849N). To amend the County General Plan Text to revise goals and policies related to land use and grov. Ah management within the city sphere of influence. Larry Henderson, Principal Planner, presented the staff report. He reviewed the proposed changes including the deletion of the provision for SANBAG to act as the growth management forum and the deletion of the reference to the City's Hillside Development Ordinance. He indicated that City staff feels the changes will lead to a higher concentration of development. Brad Bullet, City Planner, indicated that the proposed changes came to the City as a total surprise. He observed that staff called some other cities shortly after receiving the notice and the other cities had still not received copies. He reported that several other cities, including Highland and Yucaipa have indicated they are presenting concerns and will be asking the County to defer action and meet with the cities to discuss the matter. He stated that Rancho Cucamonga has always been concerned with what happens in its sphere of influence and these changes seem to erode the City's influence. He questioned why the City should have a sphere of influence. Chairman McNiel asked if staff had talked with County staff. Mr. Buller responded that County staff acted very professional and indicated they would consider whatever comments we submit. Chairman McNiel invited public comments, but there were none. Commissioner Tolstoy believed the County has consistently disregarded the City's wishes with respect to development in the sphere of influence. He thought that if the County passes the amendment as written, it would give it a license to do away with the sphere of influence. He felt the City should protest the changes. Planning Commission Minutes -6- March 10, 1999 Mr. Buller indicated that staff would forward the Commission's comments to the City Council and seek the Council's direction. Chairman McNiel asked what the County was trying to accomplish. He wondered if it was trying to undermine a working relationship with the cities. He said the City had worked diligently to get the County to at least allow a cursory review of projects. He thought these proposed changes appear to negate the relationship while not doing anything for the County. Mr. Bullet stated that the City has pre-zoned all of the land in its sphere of influence but the City does not have a clear indication from the County as to what they think of the plan. He observed that developers feel they can get higher densities by processing under County standards. Commissioner Mannerino wondered if the impending freeway might be the County's motivation for proposing the changes at this time. Mr. Bullet thought the changes might be the result of a recent lawsuit the County lost. Commissioner Tolstoy suggested that SANBAG and LAFCO might be approached to help in protesting these changes. It was the consensus of the Commission that staff should forward comments of protest regarding the proposed changes. PUBLIC COMMENTS There were no public comments at this time. ADJOURNMENT Motion: Moved by Mannerino, seconded by Stewart to adjourn. The Planning Commission adjourned at 7:56 p.m. to a workshop immediately following regarding Victoria Arbors and Pre-Application Review 99-02. The workshop adjourned at 10:20 p.m. and those minutes appear separately. That workshop adjourned to a meeting on Tuesday, March 23, 1999, in lieu of the regularly scheduled meeting on March 24, 1999. Respectfully submitted, Secretary Planning Commission Minutes -7- March 10, 1999