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HomeMy WebLinkAbout1997/12/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting December 10, 1997 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 9:18 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: David Barker, William Bethel, Rich Macias, Larry McNiel, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Michael Estrada, Deputy City Attorney; Nancy Fong, Senior Planner; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS Brad Buller, City Planner, announced that a letter had been received from the applicant for Item K requesting a continuance to January 14, 1998. APPROVAL OF MINUTES Motion: Moved by Bethel, seconded by Tolstoy, carried 4-0-0-1 (McNiel abstain), to approve the minutes of the Adjourned Meeting of October 22, 1997. Motion: Moved by Macias, seconded by Tolstoy, carried 5-0, to approve the minutes of November 12, 1997, as amended. Motion: Moved by Tolstoy, seconded by McNiel, carried 5-0, to approve the minutes of the Adjourned Meeting of November 12, 1997. CONSENT CALENDAR A. DEVELOPMENT REVIEW 97-21 (DESIGN REVIEW FOR TENTATIVE TRACT 15796~ - CITATION HOMES - The design review of the detailed site plan and building elevations for a previously approved tentative subdivision map consisting of 94 single family lots on 18 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located at the northeast corner of Milliken Avenue and Victoria Park Lane - APN: 227-011-17. B. DEVELOPMENT REVIEW 97-22 fDESIGN REVIEW FOR TENTATIVE TRACT 15797) - CITATION HOMES -The design review of the detailed site plan and building elevations for a previously approved tentative subdivision map consisting of 61 single family lots on 12.4 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of Kenyon Way and east of Woodruff Place - APN: 227-011-26. Motion: Moved by McNiel, seconded by Bethel, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS C. CONDITIONAL USE PERMIT 97-11 - FINAL SCORE - A request to expand the existing bar and restaurant with entertainment by adding approximately 1,400 square feet of outdoor seating area, in the Community Commercial District of the Foothill Boulevard Specific Plan, located at 8411 Foothill Boulevard - APN: 207-571-75. Related file: Entertainment Permit 93-03. D. ENTERTAINMENT PERMIT 93-03 MODIFICATION - FINAL SCORE - A request to expand the days and hours of entertainment and add dancing for an existing bar and restaurant with outdoor seating area, in the Community Commercial District of the Foothill Boulevard Specific Plan, located at 8411 Foothill Boulevard - APN: 207-571-75. Related file: Conditional Use Permit 97-11. Nancy Fong, Senior Planner, presented the staff repod. Chairman Barker noted that the public hearing remained open as the item was continued from November 11, 1997. Gary Rausa, Final Score, 8411 Foothill Boulevard, Rancho Cucamonga, stated his acoustical engineer had conducted another sound study and found that the vestibule would be necessary. He said they will construct the vestibule and install the fencing and landscaping after the holidays. He stated it was his understanding that staff would allow his own employees in identifiable t-shirts to act as secudty guards in connection with Condition No. 4 and he asked that he be allowed to keep the doors open until 9 or 10 p.m. instead of having to close them at 7 p.m. He indicated plastic strips hang down in the door way and said that would help mask the noise from indoors. He observed that smoking will be prohibited in bars as of January 1 and said his smoking patrons will have to go outside to smoke. He said they are over 650 feet from any residences and are separated by a berm, and will have fencing and landscaping as well. He indicated he would like to have the patio open until 10 p.m. but would be willing to shut it down at 9 p.m. He stated he had previously obtained temporary use permits for entertainment and felt they had shown they can have entertainment without having a problem. He stated the adjacent business has a security company which patrols the area at least six times per night. Commissioner McNiel stated he thought the acoustic consultant had indicated at the last meeting that a vestibule would not be needed. Mr. Rausa replied that he had performed further tests and said that, with a vestibule, noise would be buffered sufficiently so that entertainment could be conducted on any night. Commissioner McNiel asked how many noise studies had been done. Mr. Rausa responded three. He felt the City should approve his application so he could prove there would be no problems. He said he would cease entedainment if it causes a problem. Commissioner Bethel thought the items had been continued to allow staff to prepare resolutions of denial. Planning Commission Minutes -2- December 10, 1997 Brad Buller, City Planner, stated the applicant was focusing on a resolution from the previous staff repod and was asking the Commission to reconsider. Hearing no fudher testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy observed that the fencing, vestibule, landscaping, and fire safety inspections had not been completed from the previous approval. He said the previously approved entedainment permit has never been used and the Commission felt there should be time to see if any problems are experienced from what has already been approved before expanding the use. He noted the discussion ended at the previous Commission meeting with the Commission requesting that staff prepare resolutions of denial. He supported the denial. He felt there should be at least six months experience with entertainment before expansion is considered. Commissioner Bethel concurred with Commissioner Tolstoy. Commissioner McNiel noted the first sound study showed the need for the vestibule, the second indicated one was not needed, and the third study said one was needed. He said he had been willing to eliminate the need for the vestibule if the acoustical study showed one was not needed. He concurred with Commissioners Tolstoy and Bethel. Motion: Moved by Macias, seconded by Tolstoy, to adopt the resolutions denying Conditional Use Permit 97-11 and Modification to Entertainment Permit 93-03. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried E. CONDITIONAL USE PERMIT 97-38 - DESPERADO'S - A request to establish a bar in conjunction with a restaurant that offers entertainment within Thomas Winery Plaza, in the Special Commercial District of the Foothill Boulevard Specific Plan, located at 8916 Foothill Boulevard - APN: 208-101-23. Related file: Conditional Use Permit 97-27. F. ENTERTAINMENT PERMIT 97-04 - DESPERADO'S - A request to offer entertainment consisting of dancing, disc jockeys, conceals, and live bands in conjunction with a bar and restaurant within the Thomas Winery Plaza, in the Special Commercia~ District of the Foothill Boulevard Specific Plan, located at 8916 Foothill Boulevard - APN: 208-101-23. Nancy Fong, Senior Planner, presented the staff report. Chairman Barker asked if the City has accident figures for the intersection. Dan James, Senior Civil Engineer, stated he did not have numbers to present this evening. He said there is a right turn lane and appropriate striping on Foothill Boulevard to allow for full development of the site. He pointed out there is access from both San Bemardino Road and Vineyard Avenue. Chairman Barker opened the public hearing. Ron Bozarth, applicant, 6070 Sunstone, Rancho Cucamonga, stated he was available to answer questions. He expressed appreciation for staff's support of the project. Commissioner Tolstoy asked the extent of the food service. Mr. Bozarth replied they will have full food service with the main courses including chicken breast and tri-tip western barbecue steak on the menu. Planning Commission Minutes -3- December 10, 1997 Commissioner Tolstoy asked if they will serve hot food. Mr. Bozadh responded affirmatively. Commissioner Tolstoy asked what track record Mr. Bozadh had in operating similar establishments. Mr. Bozarth stated he has hired a management consultant with 22 years experience who will assist he and his wife in running the operation. Commissioner McNiel asked if food would be served both indoors and outdoors. Mr. Bozadh responded it would only be served indoors. Commissioner McNiel asked if there would be any conflicts with the Coffee Klatch. Mr. Bozarth indicated their primary entrance and their patio are both on the south side, while the Coffee Klatch patio is on the north side of the building. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Bethel concurred with staffs request for submission of a special security plan for approval by the City Planner with respect to concerts because he foresaw the possibility of traffic and parking problems if a large concert were planned. He asked if the City was approving something that could not be utilized. Brad Buller, City Planner, stated the applicant was aware of the City's concerns regarding the number of people and traffic problems. Commissioner Tolstoy noted that the Fire Department determines the occupancy limit which would preclude large gatherings. Commissioners Macias and McNiel supported the application. Commissioner Tolstoy observed that the location is not close to residences. He felt the City could use that type of entertainment but observed that management is important in running a good, clean · operation. Motion: Moved by Macias, seconded by Bethel, to adopt the resolutions approving Conditional Use Permit 97-38 and Entertainment Permit 97-04. Motion carried by the following vote: AYES: BARKER, BETHEL, MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 97-27 - NEXTEL COMMUNICATIONS, INC. - A request to construct a cellular transmitter facility which is not staffed, including a 60 foot monopole and a 120 square foot equipment shelter within a 1,600- square foot leased area located on a 55.86 acre parcel north of Arrow Highway and west of Etiwanda Avenue in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan - APN: 229-032-24. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related file: Conditional Use Permit 97-38. Dan Coleman, Principal Planner, presented the staff report. Planning Commission Minutes -4- December 10, 1997 Chairman Barker opened the public hearing. Chds Glass, Nextel Communications, Inc., 17275 Varian, Irvine, concurred with the staff's analysis and recommendations and said they agreed to comply with the conditions. Commissioner McNiel asked when technology will emerge that will eliminate the need for the monopoles. Mark Crompton, 7925 Jones Branch Ddve, McLean, Virginia, stated that all carriers are looking for different ways to improve. He said they are trying to lower the poles but 60 feet seems to be the optimum height. He thought it will be another 5 to 10 years before the poles can be lowered and another 5 years before satellites are more fully utilized. Chairman Barker asked about the impacts of winds. Scott Bemis, Nextel Communications, Inc., 17275 Varian, Ir'vine, stated they are engineered for 80 mph winds including ~ inch of radial ice. He pointed out that the City standards require 70 mph rating and said he had never seen a pole come down. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Bethel stated he had been concerned because there are no guy wires. Commissioner McNiel felt the City has been remiss in not requiring the removal of the monopoles when they are no longer technologically needed. Mr. Coleman stated that City ordinance requires that they be removed when no longer used. Motion: Moved by McNiel, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Conditional Use permit 97-27. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried Commissioner Tolstoy hoped the Water District completes the landscaping. H. CONDITIONAL USE PERMIT 97-23 - BUC~UET (TWINS SPORTS BAR AND GRILL) - A request to establish a night club and spods bar, including entertainment, D.J. music, dancing, satellite television, amusement devices (pool tab[es, 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 97-02 (also Conditional Use Permit 94-08 and Entertainment Permit 94-01 previously approved). I. ENTERTAINMENT PERMIT 97-02 - BUQUET (TW,/INS SPORTS BAR AND GRILL) - A request to allow entertainment including, but not limited to, D.J. music, dancing, satellite television, and amusement devices (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 (also Conditional Use Permit 94-08 and Entertainment Permit 94-01 previous{y approved). Brent Le Count, Associate Planner, presented the staff report. Planning Commission Minutes -5- December 10, 1997 Chairman Barker stated it was his understanding that the conditions included all conditions applied on the previously approved project. Mr. Le Count responded that was correct. Chairman Barker observed that the applicant owns the adjacent convenience market. He asked what would happen if the applicant sells the store. Dan James, Senior Civil Engineer, stated there is a separate APN for the store and motel but said a title search shows it as one parcel. He said the applicant would have to split with a parcel map. Brad Bullet, City Planner, stated that conditions could be added to a Parcel Map split. Chairman Barker opened the public hearing. Chades Buquet, Chades Joseph Associates, 10681 Foothitl Boulevard, #395, Rancho Cucamonga, provided photographs taken earlier in the day. He said he appreciated comments regarding traffic conditions at other locations with entedainment. He said his clients did not disagree with recommendations made by staff. He indicated the property is owned by the family and they have extensive night club and bar experience. He felt the site has become an attractive nuisance for transients. He acknowledged that it is one parcel and observed that significant infrastructure requirements were placed on the site. He pointed out that it is a non-construction conditional use permit and is a rehabilitation of the site. He indicated the conditions include $130 thousand for infrastructure costs. He did not disagree with the need but stated there is a cash-flow issue. He said there is a pending flood control improvement project on Foothill Boulevard. He said the applicant was willing to step up to the plate with $61 thousand but was asking for bonding or phasing of the balance of the improvements over a 5-year period. He said if the applicant does not go forward, the costs for the flood control would be fully borne by the City. He asked that they be permitted to be open until 2 a.m. on Thursdays. He requested deferring installation of the wrought iron fencing and utilizing the existing chain link fencing which he said is not visible from either Foothill Boulevard or Hermosa Avenue. He said the applicants would like to deal with the hotel on the corner and would then have to move the fencing. He said the corner has been unsightly for a number of years and he believed the project will be a positive impact. He indicated the applicant is ~lanning on jazz bands. Commissioner Tolstoy asked the experience of the family with regards to this type of business. Mr. Buquet stated they were the original owners and operators of Club 66 and have run a total of seven different establishments. Robed Lakees, 11655 Sienna Ddve, Rancho Cucamonga, stated he was general manager for Club 66 for nine years. He said he also owned Club Unicorn and Band Box. He said he will be assisting in running the bar and grill. Chairman Barker stated he had talked to one of the applicants over the telephone and has known them since they were relatively small. He said his conversation was regarding tonight's proceedings. He asked if the applicant was requesting phasing and a bond to guarantee the phasing. Mr. Buquet asked that Engineering Conditions 1, 2, 3, and 8 be modified to allow for phasing of the frontage improvements on Hermosa Avenue and Foothill Boulevard, contribution toward installation of the Foothill Boulevard median, and contribution toward the special pavers within the Foothill Boulevard/Hermosa Avenue intersection. He suggested they work out the details with Engineering staff. Commissioner Tolstoy questioned the location of the chain link fencing that Mr. Buquet was asking that they be allowed to utilize in lieu of the wrought iron fencing. Planning Commission Minutes -6- December 10, 1997 Mr. Buquet indicated where the chain link fencing currently exists. He said they would like to work out the details with Planning staff. Commissioner Tolstoy noted there are residences located to the nodh and he feared the lights from the valet parking of cars will shine into the residential area. Mr. Buquet suggesting planting vines along the chain link fencing. He said there is also a general slope to the north. Chairman Barker observed that since the convenience store was also on the same property, something should be done about the excess signs in the store window. Mr. Buquet commented that the store would be in compliance within 72 hours. Commissioner McNiel asked if the applicant was wanting to defer development and payment of the improvements. Mr. James noted that the conditions call for payment rather than installation. Mr. Buquet stated that in working with the Engineering staff, the worst case scenarios have been identified. He asked to be able to work with Engineering staff regarding phasing. Chairman Barker asked where the fire hydrant is to be relocated. Mr. Buquet said it is not clear where it will have to be moved. Mr. James said that if the full frontage improvements are made at this time, the hydrant will have to be moved. He said it is not a Fire District requirement to move the hydrant. Hearing no fudher testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy felt it would be nice to have the family who owns the property be involved with the business and he felt the City should be sensitive to their needs. He supported the applicant's requests and felt the details should be worked out with staff. He said his biggest concern was with traffic on Hermosa Avenue. He was also concerned about headlights shining onto residential properties to the north. He felt the City should do everything possible to have the building rehabilitated in an expeditious manner. Commissioner Bethel said his initial concern was with the applicant's request for a 5-year phasing plan. He felt that is a long time. Mr. James said the phasing time would be determined by an agreement process and it would most likely have to be approved by City Council. Chairman Barker observed that similar arrangements have been made in the past. Mr. Bullet said phasing has been permitted in the past for certain improvements on projects. He said if there was a consensus from the Commission that phasing should be allowed, the technical details could be worked out subject to approval by the City Engineer. Commissioner Tolstoy hoped the City Council would be sensitive to the request. He felt the Council has a goal to improve Foothill Boulevard. Chairman Barker felt the City would either have to agree or the building would be razed. Planning Commission Minutes -7- December 10, 1997 Commissioner McNiel stated that as a matter of policy, the Commission has not previously allowed chain link fencing. Mr. Duller stated that chain link has been permitted only on a temporary basis. Commissioner Tolstoy felt that chain link would be appropriate where the fencing is not seen from the public right of way. Commissioner McNiel stated he supported allowing the chain link in this padicular situation but did not want to set a precedent. Chairman Barker suggested that chain link be allowed in only specific sections. He reopened the public hearing to ask Mr. Buquet where the applicant wanted to use the chain link fencing. Mr. Buquet requested that they be allowed to retain the chain link fencing along the northern and eastern property lines. The Commissioners agreed that would be acceptable on an interim basis with the details to be worked out to the satisfaction of the City Planner. Mr. Bullet suggested it could be chain link until the property nodh of the fence is further developed. He suggested perimeter landscaping to avoid the spillage of headlights onto adjacent property. Mr. Buquet reiterated that they would like to remain open until 2 a.m. on Thursdays. Chairman Barker again closed the public hearing. Commissioner Tolstoy supported the request. Commissioner Bethel concurred. Commissioner Bethel suggested a specific time table so that progress could be judged. Motion: Moved by McNiel, seconded by Tolstoy, to adopt the resolutions approving Conditional Use Permit 97-23 and Entertainment Permit 97-02 with modifications to allow the facility to be open until 2 a.m. on Thursdays; to allow chain link fencing on the northern-most and eastern property lines to the satisfaction of the City Planner; to require landscape planters around the perimeter of the site; and to allow an agreement to be processed with the City Council determining a payment schedule or bond amount for contribution toward frontage improvements on Foothill Boulevard and Hermosa Avenue, the Foothill Boulevard median (if not constructed), and the special pavers within the intersection. Motion carried by the following vote: AYES: BARKER, BETHEL, MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS J. CONSIDERATION OF RELOCATION FOR PUBLIC ART WITHIN THE TERRA VISTA PROMENADE SHOPPING CENTER - A request to reconsider the required locations for two pieces of public art within the Terra Vista Promenade Shopping Center, located at the northwest corner of Foothill Boulevard and Rochester Avenue - APN: 227-151-38 through 50. Project File: Conditional Use Permit 95-11. Planning Commission Minutes -8- December 10, 1997 Brad Bullet, City Planner, announced that the applicant had indicated he could not attend this evening's meeting and had asked that the Planning Commission approve the request or continue the matter if the Commission did not support the request. Commissioner Tolstoy suggested the matter be considered. Steve Hayes, Associate Planner, presented the staff report. Chairman Barker invited public comment. There was none. Commissioner Tolstoy felt the request was appropriate. Motion: Moved by McNiel, seconded by Bethel, to find the developeCs proposal in keeping with the intent of the original condition of approval. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried K. PATIO FURNITURE IN TERRA VISTA TOWN CENTER -RUBIO'S BAJA GRILULEWIS HOMES - A request to consider a corporate design, thatched (palapas) style, of outdoor patio umbrellas for a 2,200 square foot restaurant in a multi-tenant pad building, located on the north side of Foothill Boulevard, east of Aspen Drive and west of Montgomery Wards - APN: 1077-421-76. Chairman Barker observed that the applicant had requested a continuance. There were no objections from the Commission and the item was continued to January 14, 1998. Motion: Moved by McNiel, seconded by Bethel, carried 5-0, to continue beyond 11 p.m. PUBLIC COMMENTS There were no public comments. COMMISSION BUSINESS L. FOOTHILL BOULEVARD/ECONOMIC DEVELOPMENT TASK FORCE UPDATE Brad Duller, City Planner, stated that the Foothill Boulevard/Economic Development Task Force met on December 3 and will forward it's recommendations to the Planning Commission before its next meeting. M. ELECTION OF OFFICERS - For discussion and possible action Chairman Barker stated he had asked that the matter be placed on the agenda with the understanding that three of the members would not be on the Commission in January. Because it was now unknown who would remain on the Commission, he suggested tabling the matter. it was the consensus of the Commission that the matter be tabled. Planning Commission Minutes -9- December 10, 1997 Brad Buller, City Planner, announced that Planning Commission candidate interviews would be held on December 16 starling at 5 p.m. ADJOURNMENT Motion: Moved by McNiel, seconded by Bethel, carried 5-0, to adjourn. 11:05 p.m. - The Planning Commission adjourned. Respectfully submitted, Brad Bullet Secretary Planning Commission Minutes -10- December 10, 1997